[1]
Editor's Note: Ord. No. 10-1095 § I, adopted 1-12-2010,
repealed R.O. 1991 Ch. 505 and enacted the new provisions set out
herein. Former Ch. 505 derived from CC 1978 §§ 41.010
– 41.080; Ord. No. 458 § 14, 10-7-1980; Ord. No. 833
§§ I – VIII, 7-9-1996; Ord. No. 1016 §§ I
– II, 6-8-2004.
[R.O. 1991 § 505.010; Ord. No. 10-1095 §§ I — II, 1-12-2010]
A.
The term "dangerous buildings," as used
in this Chapter, is hereby defined to mean and include:
1.
Any building, shed, fence or other
man-made structure which is dangerous to the public health because
of its condition and which may cause or aid in the spread of disease
or injury to the health of the occupants of it or neighboring structures.
2.
Any building, shed, fence or other
man-made structure which, because of faulty construction, lack of
proper repair or any other cause, is especially liable to fire and
constitutes or creates a fire hazard.
3.
Any building, shed, fence or other
man-made structure which, by reason of faulty construction or other
cause, is liable to cause injury or damage by collapsing or by a collapse
or fall of any part of such structure.
4.
Any building, shed, fence or other
man-made structure which, because of its condition or because of lack
of doors or windows, is available to and frequented by malefactors
or disorderly persons who are not lawful occupants of such structure.
[R.O. 1991 § 505.020; Ord. No. 10-1095 §§ I – II, 1-12-2010]
Any such dangerous building as defined in Section 505.010 located in the City is hereby declared to be a nuisance. It shall be unlawful to maintain or permit the existence of any dangerous building in the City. Further, it shall be unlawful for the owner, occupant or person in custody of any dangerous building to permit the same to remain in a dangerous condition or to occupy such building or permit it to be occupied while it is, or remains, in a dangerous condition.
[R.O. 1991 § 505.030; Ord. No. 10-1095 §§ I – II, 1-12-2010]
Duties. There is hereby created the
Building Commission which shall consist of the Board of Aldermen.
The Building Commission shall hold appeal hearings, when necessary,
and keep records and rulings of their proceedings.
[R.O. 1991 § 505.040; Ord. No. 10-1095 §§ I – II, 1-12-2010]
A.
The City Administrator is hereby appointed
the Building Inspector to administer and implement the provisions
of this Chapter and shall have the authority to:
1.
Inspect any residential, institutional,
commercial and industrial building or structure when there is reasonable
cause to believe that such a building or structure violates the City
Code and after said inspection may declare said building or structure
dangerous;
2.
Inspect any structure or building
which is the subject of a properly filed complaint by any person to
the effect that the building or structure is, or may be, in violation
of the City Code and after said inspection by the Building Inspector
may declare said building dangerous;
3.
Inspect any building or structure
reported by the Fire or Police Departments to the effect that a building
or structure may be in violation of the City Code and after said inspection
the Building Inspector may declare said building dangerous;
4.
Effect remedial actions provided
for in City Code; and
5.
Provide reports to the Building Commission.
[R.O. 1991 § 505.045; Ord. No. 10-1095 § II, 1-12-2010; Ord. No. 10-1101 §§ I
– II, 4-13-2010]
A.
If a building or structure is determined
to be in violation of this Chapter, the Building Inspector may take
the following actions:
1.
Issue notices to the owner, occupant,
lessee, mortgagees, agent, and/or other person or persons having an
interest in said building or structure as shown by the land records
of the Audrain County Recorder of Deeds, by any of these methods:
a.
Personal service;
b.
Certified mail, return receipt requested;
c.
A publication may be placed in a newspaper qualified to publish legal notices for two (2) consecutive weeks, stating that said building or structure has been found to be dangerous pursuant to the standards set forth in this Chapter and Chapter 225 of the Vandalia City Code.
d.
Posting notice on the property.
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Said notice will:
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a.
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State that the owner must repair
or demolish said building or structure, and clean up the lot and property
so that it is in accordance with the terms of this notice and the
Vandalia City Code. This period shall not be less than twenty-one
(21) days.
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b.
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The time frame in which repairs or
demolition shall commence or be completed.
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c.
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Provide a description of the building
or structure which has been deemed dangerous to the owner of the building
or structure, stating the particular reason or reasons that the building
or structure has been declared dangerous, and provide a deadline for
such mandated work to commence, as mentioned in the above Subsection
of this Section.
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d.
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State that the building or structure
must be vacated if an eminent threat to the occupants' health and
safety is determined.
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e.
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Outline possible enforcement actions
that may be taken.
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f.
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State that there may be a hearing for non-compliance if repair or demolition is not completed within the time frame in accordance with Section 505.050.
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g.
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Notify the owner that he/she/they
have a right to appeal.
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B.
If the required repair or demolition has not been accomplished in accordance with the notice issued pursuant to Section 505.045, the City may elect to do any or all of the following:
1.
Issue a citation for Municipal Code violation for which every day in non-compliance may be deemed a separate offense per Section 505.080.
2.
The City may take whatever actions necessary to abate the cause of the violation after a hearing in accordance with Section 505.050.
3.
In addition to these actions, any
other legal means (civil suit) to recover all City costs of remediation
or compliance are authorized.
[R.O. 1991 § 505.050; Ord. No. 10-1095 §§ I – II, 1-12-2010]
A.
If the parties receiving the notice fail
to commence work, reconditioning or demolition within the time specified
or fail to proceed continuously with the work without necessary delay,
the City Attorney shall call and have a full and adequate hearing
upon the matter, giving the affected parties at least twenty-one (21)
days written notice of the hearing.
B.
The purpose of the hearing shall be to
determine if the evidence supports a finding that the building or
structure represents a nuisance or is detrimental to the health, safety
or welfare of the residents of the City.
C.
Any party may be represented by counsel,
and all parties shall have the opportunity to be heard. After the
hearing, if the evidence supports a finding that the building or structure
represents a nuisance or detrimental to the health, safety or welfare
of the residents of the City, the City Attorney shall issue an order
that the building or structure be demolished and removed or repaired.
If the evidence does not support a finding that the building or structure
is either a nuisance or detrimental to the health, safety or welfare
of the residents of the City, no order shall be issued.
[R.O. 1991 § 505.060; Ord. No. 10-1095 §§ I – II, 1-12-2010; Ord. No. 10-1101 §§ I – II, 4-13-2010]
If the owner, occupant, mortgagees,
lessee, or any other person or persons interested in the building
disagrees with the notice, indicating that the building or structure
is dangerous, they may file an appeal with the Building Commission
within fourteen (14) days after the date of the notice. If the Building
Commission declares that the building or structure is dangerous, based
on competent and substantial evidence, the owner must demolish or
repair said building or structure. However, if any of the above parties
are still in disagreement with the findings of the Building Inspector
and the Building Commission, they may appeal such decision to the
Audrain County Circuit Court, pursuant to the procedures outlined
in Chapter 536, RSMo.
[R.O. 1991 § 505.070; Ord. No. 10-1095 §§ I – II, 1-12-2010]
In cases where it reasonably appears
that there is an immediate danger to the health, safety or welfare
of any person or persons, the Building Inspector may take emergency
measures to vacate, repair or demolish a dangerous building or structure
without further notice.
[R.O. 1991 § 505.080; Ord. No. 10-1095 §§ I – II, 1-12-2010]
Failure to comply with the notice
of declaration within the time specified or failure to proceed continuously
without delay shall be punished in the City court by a fine of not
more than five hundred dollars ($500.00) and/or imprisonment up to
thirty (30) days. Each day of non-compliance may be considered a separate
offense.
[R.O. 1991 § 505.090; Ord. No. 11-1114 § I, 12-13-2011]
If there are proceeds of any insurance
policy based upon a covered claim payment made for damage or loss
to a building or other structure caused by or arising out of any fire,
explosion or other casualty, up to twenty-five percent (25%) of the
insurance policy proceeds may be paid to the City of Vandalia according
to the provisions of Section 67.410, RSMo., which are incorporated
by reference and adopted as part of the Code of the City of Vandalia,
Missouri.
