[Ord. No. 900326 §1, 3-26-1990]
A.
Any building
or structure having any of the conditions hereinafter set forth is
hereby declared to be detrimental to the health, safety or welfare
of the residents of the City of Willard, Missouri, and to constitute
a public nuisance, to wit:
1.
Those
whose interior walls or other vertical structural members list, lean
or buckle to such an extent that a plumb line passed through the center
of gravity of any such wall or vertical structural member falls outside
of the middle third of its base;
2.
Those
which, exclusive of the foundation, show thirty-three percent (33%)
or more of damage or deterioration of the supporting member or members
or fifty percent (50%) of damage or deterioration of the non-supporting
enclosing or outside walls or covering;
3.
Those
which have improperly distributed loads upon the floors or roofs or
in which the floors or roofs are overloaded or those having floors
or roofs of insufficient strength to be reasonably safe for the purpose
for which they are being used or intended to be used;
4.
Those
which have been substantially damaged by fire, wind or other causes;
5.
Those
which are uninhabited and are open at door, window, wall or roof;
6.
Those under construction upon which no substantial work shall have been performed for ninety (90) days immediately next to the time that a notice shall issue under Section 505.040(A) of this Chapter;
7.
Those in the process of demolition upon which no substantial work shall have been performed for a period of fourteen (14) days immediately next to the time a notice shall issue to complete the demolition thereof under Section 505.040(A) of this Chapter;
8.
Those
containing therein substantial accumulations of trash, garbage or
other materials susceptible to fire or constituting or providing a
harboring place for vermin or other obnoxious animals or insects or
in any way threatening the health of the occupants thereof or the
health of persons in the vicinity thereof;
9.
Those condemned as unfit for human habitation under general ordinance under the City of Willard, and upon which no substantial work has been performed to remedy the conditions causing the condemnation thereof for a period of ninety (90) days immediately next to the time a notice shall issue under Section 505.020 of this Chapter for the demolition or repair of the building;
10.
Those
having inadequate facilities for egress in case of fire or panic;
11.
Those
which have parts thereof which are so attached or deteriorated that
they may fall upon public ways or upon the property of others or may
injure members of the public or the occupants thereof;
12.
Those
built in violation of the building, plumbing or electrical ordinances
of the City or used in violation thereof.
[Ord. No. 900326 §2, 3-26-1990]
A.
The Building
Inspector for the City of Willard shall:
1.
Inspect or cause to be inspected any building or structure about which complaints are filed by any person alleging that the building or structure contains any of the conditions described in Section 505.010 of this Chapter;
2.
Inspect any building or structure reported by any department of the City or any City Official who has reason to believe that the building or structure has any of the conditions set forth in Section 505.010 of this Chapter;
3.
Inspect any building or structure of the City at any time whenever there is reason to believe that the building or structure has a condition described in Section 505.010 of this Chapter;
4.
Determine in any case where inspection shows that a building or structure has any of the conditions referred to in Section 505.010 of this Chapter, whether or not it reasonably appears there is immediate danger to the health, safety or welfare of any person because of such condition, and if it does so reasonably appear, to immediately notify the Mayor thereof. Should the Mayor of Willard concur in the finding of the inspector that there is immediate danger as aforesaid, the inspector shall immediately post upon the building or structure a notice reading as follows:
"This building has been found to be a public nuisance by the
Mayor of the City of Willard. It also reasonably appears that this
building or structure is an immediate danger to the health, safety
or welfare of persons thereabout or therein. This notice is to remain
on this building or structure until it is brought into compliance
with the ordinances of the City of Willard, Missouri. It is unlawful
to remove this notice until such compliance has occurred."
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Nothing contained in this Subsection shall be construed to deprive
any person entitled thereto by this Chapter of the notice and hearings
prescribed herein.
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[Ord. No. 900326 §3, 3-26-1990]
Whenever the Mayor shall deem it advisable, he/she may also
request inspections be made by the Fire Department, the Health Department,
or any other department of the City, or by any person who might have
knowledge and information useful in the determination of whether a
building or structure is a public nuisance or, if so, how it might
be alleviated. In addition, the Mayor, if he/she deems it advisable,
may request such an inspection be made by an architect or engineer
especially employed by the City for the purpose of that inspection.
[Ord. No. 900326 §§4 —
6, 3-26-1990]
A.
Whenever a Building Inspector has determined that any building or structure is a public nuisance under the provisions of this Chapter, he/she shall as soon as possible thereafter notify the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the building or structure as shown by the land records of the Recorder of Deeds for Greene County, Missouri, that such building or structure has been found to be a public nuisance under the provisions of this Chapter. The notice shall set forth a description of the conditions found in the building or structure so as to constitute the building or structure as a public nuisance under Section 505.010 of this Chapter. The notice shall also provide for abatement of the nuisance by ordering the building or structure to be vacated if such be the case, reconditioned or removed, giving a reasonable time for commencement of the work and requiring the work to proceed continuously without unnecessary delay.
B.
Whenever
under this Chapter a notice is required to be served upon the persons
interested in any building or structure, the notice shall be served
upon the owner, occupant, lessee, mortgagee, agent and all other persons
having an interest in the building or structure as shown by the land
records of the Recorder of Deeds for Greene County and shall be signed
by the Mayor or on his/her behalf by an inspector of dangerous buildings
who shall have made an inspection of the building or structure about
which the notice is to be given. The notice shall be served, if the
party or parties to be served reside in the City, by handing the notice
to the person to be served by anyone competent to be a witness or
by leaving the notice at the usual place of abode of the one to be
served with a member of the household over the age of fifteen (15)
years. If the person to be served shall not reside in the City or
shall have absented himself/herself from the City or concealed himself/herself
so that personal service may not be made as herein provided for and
if his/her address shall be known, then service shall be made by certified
mail, return receipt requested; but if his/her address shall not be
known, then service of notice shall be by publication. The publication
shall contain the full text of the notice and shall be published at
least once each week for four (4) consecutive weeks on the same day
of the week in some newspaper of general circulation published in
Greene County, and the time specified in the notice for a hearing
to be held or for the commencement of work or for any other thing
to be done shall be at least forty-five (45) days from the date of
the first (1st) publication of notice.
C.
Whenever
a notice shall be given that any building or structure constitutes
a public nuisance under the provisions of this Chapter, the party
responsible for giving the notice shall base his/her order as to the
necessary actions to abate the nuisance by observance of the following
standards:
1.
If the
condition or conditions which cause the building or structure to be
a public nuisance can be reasonably repaired or maintained so that
the building or structure will no longer exist in violation of the
terms of this Chapter, the building or structure shall be ordered
so repaired or maintained.
2.
If the
conditions are such as to make the building or structure immediately
dangerous to the health, safety or welfare of its occupants, the building
or structure shall be ordered vacated pending abatement of the nuisance.
3.
In all
cases where the conditions causing the building or structure to be
a public nuisance cannot be reasonably repaired or maintained so that
the building or structure will no longer exist in violation of the
terms of this Chapter, the building or structure shall be demolished.
4.
In any
case where the conditions constituting the public nuisance are such
that the costs to repair or maintain the building or structure so
that it will no longer constitute a public nuisance equal or exceed
fifty percent (50%) of the value of the building or structure, it
shall be ordered repaired or demolished, and in the event it is not
repaired or demolished by the owner, then the City shall abate the
nuisance by demolition.
5.
Any building or structure constituting a public nuisance because of the conditions described in Subsection (6) of Section 505.010 of this Chapter shall be ordered to be completed in accordance with lawful plans and specifications, and if it shall not be so completed or demolished by the owner, then the City shall abate the nuisance by demolition.
[Ord. No. 900326 §§7 —
12, 3-26-1990; Ord. No.
090713A §§1 — 2, 7-13-2009]
A.
Whenever there shall be a failure to obey a notice to abate a public nuisance as provided in Section 505.040 by not commencing work in the time specified in said notice or there shall be a failure to proceed continuously with the work required therein without unnecessary delay, the Mayor of the City of Willard shall call and have a full and adequate hearing upon the matter giving all affected parties at least twenty-one (21) days' written notice of the hearing. Any party may be represented by counsel and all parties shall have an opportunity to be heard and present such evidence as shall be relevant to a determination of:
1.
Whether
or not the building or structure involved is a public nuisance under
the terms of this Chapter;
2.
Whether
the procedures required by this Chapter shall have been substantially
followed; and
3.
Whether
or not the abatement order of the Building Inspector was reasonable
and within the standards of this Chapter.
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All testimony shall be under oath, which may be administered
by the Mayor, and a written record of the hearing shall be made by
a reporter to be employed by the City, the cost of which shall be
paid by the City should the proceeding be eventually held against
the City and by the owner if it should not. In the latter case, the
cost of such reporting shall be a lien upon the lot, tract or parcel
of land upon which the building or structure stands and shall be added
to the costs of performance for demolition or repair in the event
the City shall be required to do so and payable as provided for such
costs.
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B.
Within thirty (30) days from the date of the hearing required by Subsection (A), the Mayor shall upon the basis of competent and substantial evidence offered at the hearing make a conclusion of law as to whether or not the building or structure in question is a public nuisance under the terms of this Chapter and detrimental to the health, safety or welfare of residents of the City specifically finding as a matter of fact the condition or conditions of such building or structure which constitute the nuisance. If it is found that the building or structure is a public nuisance, further findings shall be made as to whether or not the procedures required by this Chapter have been substantially met and complied with and whether or not the abatement order of the inspector of dangerous buildings to abate the nuisance was reasonable in its terms and conditions and within the standards of this Chapter. In the event it is found that the abatement order was not reasonable or within the standards of this Chapter, it shall be the duty of the Mayor to make his/her own finding of fact as to what is reasonably required to abate the public nuisance within the standards of this Chapter. If the Mayor finds that a public nuisance does not exist or that the procedures of this Chapter have not been substantially met and complied with, the proceeding against the building or structure shall be dismissed.
C.
If a proceeding is not dismissed following the findings required by Subsection (B), the Mayor shall issue an order directing the building or structure to be completed, repaired or demolished, and vacated, as the case may be, within the standards of this Chapter. This order together with the findings of fact and conclusions of law required by Subsection (B) shall be in writing and shall be immediately delivered or mailed to each party to the hearing or to his/her attorney of record. In addition, copies of the order and findings of fact and conclusions of law shall be posted in a conspicuous place in the office of the Mayor for a period of thirty (30) days from the date of issuance thereof. The order shall state a reasonable time which shall not be less than thirty (30) days from the date of issuance within which to comply with the order and shall further provide that if it is not complied with within such time, the Mayor shall cause the work to be done by the City and its own crews or by contractors employed by the City for that purpose.
D.
City Abatement — Special Tax Bill Issued — When.
1.
Whenever the City shall have caused the work to be done as provided by Subsection (C), the Mayor shall certify the cost of the work to the City Clerk who shall cause a special tax bill therefor and for the cost of the reporter at the hearing, which shall be likewise certified by the Mayor, to be issued against the lot, tract or parcel of land upon which the building or structure is located. The special tax bill from the date of its issuance shall be a lien on the lot, tract or parcel of land until paid and shall be registered in the office of the Collector of the City of Willard in a book kept by him/her for such purposes.
2.
Except as provided in Subsection (E) herein, at the written request of the taxpayer delivered to the City Clerk of the City, a tax bill for repair or demolition of a building or structure may be paid in ten (10) equal annual installments, which installments with interest thereon to date on the unpaid balance shall be annually on the anniversary of the date of issuance of the bill. Interest shall be at the rate of eight percent (8%) per annum on the unpaid balance of the special assessment computed from the date of issuance. If any annual payment of principal or interest shall not be paid within thirty (30) days of its due date, the entire remaining balance of the tax bill shall immediately become due and payable.
3.
If request
for ten (10) annual payments is not made prior to the time the Mayor
shall certify the cost of the work to the City Clerk, the tax bill
shall be payable in sixty (60) days from its date of issuance with
interest thereon at eight percent (8%) per annum until paid.
E.
If an order is issued as provided in Subsection (C) of this Section and a special tax bill or assessment is issued against the property, it shall be deemed a personal debt against the property owner. However, 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 loss, and such covered claim payment is in excess of fifty percent (50%) of the face value of the policy covering a building or other structure:
1.
The
insurer shall withhold from the covered claim payment up to twenty-five
percent (25%) of the covered claim payment and shall pay such monies
to the City to deposit into an interest-bearing account. Any named
mortgagee on the insurance policy shall maintain priority over any
obligation under the Chapter.
2.
The City shall release the proceeds and any interest which has accrued on such proceeds received under Subsection (E)(1) of this Section to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after receipt of such insurance monies, unless the City has instituted legal proceedings under the provisions of Subsection (C) of this Section. If the City has proceeded under the provisions of Subsection (C) of this Section, all monies in excess of that necessary to comply with the provisions of Subsection (C) of this Section for the removal of the building or structure, less salvage value, shall be paid to the insured.
F.
Tax bills issued under Subsection (D) shall be prima facie evidence of the validity of the bill, the doing of the work and the liability of the property for the charges stated in the bill and shall be collected if default should occur by suit brought in a court of competent jurisdiction by the City Attorney on behalf of the City. Judgment in any such suit shall be special and against the property or so much thereof as is necessary to satisfy the judgment and the costs of the sale.
[Ord. No. 900326 §13, 3-26-1990]
Any owner, occupant, lessee, mortgagee, agent or other person having an interest in the building or structure may appeal from the order and determination of the Mayor made under the provisions of Section 505.050(C) of this Chapter. The appeal shall be to the Circuit Court of Greene County as established in Chapter 536, RSMo.
[Ord. No. 900326 §14, 3-26-1990]
In all cases where it reasonably appears that an immediate danger
to the health, safety or welfare of any person exists, the Mayor may
take emergency measures to vacate, repair or demolish a building or
structure which is a public nuisance under the provisions of this
Chapter.
[Ord. No. 900326 §15, 3-26-1990]
No officer, agent or employee of the City of Willard shall be
personally liable for any damage that may occur to any persons or
property as a result of any act required of him/her or permitted to
be taken by him/her under the terms of this Chapter. Any suit brought
against an such officer, agent or employee of the City as a result
of any such acts required or permitted shall be defended by the City
Attorney until the final determination of the proceedings, and if
judgment shall be obtained, it shall be paid by the City of Willard.
It is hereby further declared that no officer, agent or employee of
the City of Willard owes any duty under the provisions of this Chapter
to any citizen or other individual, but that the duties prescribed
herein and imposed upon officers, agents or employees of the City
are duties to be performed for the government of said City.
[Ord. No. 900326 §16, 3-26-1990]
If the occupant of any building or structure shall fail to vacate such building or structure within the time specified by a notice issued under Section 505.040, he/she shall be punished upon conviction thereof by a fine as set forth in Section 100.220 of this Code. Each day after the time specified by notice the occupant of any building or structure shall fail to vacate, shall be a separate offense.
