[CC 1999 §6.0101; Ord. No. 99-11-01 §2, 11-16-1999]
A.
All buildings
or structures which have any or all of the following defects shall
be deemed "dangerous buildings":
1.
Those
whose interior walls or other vertical structural members list, lean
or buckle to such an extent that a plumb line passing through the
center of gravity 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 same are overloaded, or which have insufficient strength
to be reasonably safe for the purpose used.
4.
Those
which have been damaged by fire, wind or other causes so as to have
become dangerous to life, safety or the health and welfare of the
occupants of the City.
5.
Those
which have become or are so dilapidated, decayed, unsafe, unsanitary
or which so utterly fail to provide the amenities essential to decent
living that they are unfit for human habitation, or are likely to
cause sickness or disease, so as to work injury to the health, morals,
safety or general welfare of those living therein.
6.
Those
having light, air and sanitation facilities which are inadequate to
protect the health, morals, safety or general welfare of human beings
who live or may live therein.
7.
Those
having inadequate facilities for egress in case of fire or panic or
those having insufficient stairways, elevators, fire escapes or other
means of access.
8.
Those
which have parts thereof which are so attached that they may fall
and injure property or members of the public or property.
9.
Those
which are so vermin, rodent, insect, termite or other pest infested
as to be dangerous to the health, morals and safety or general welfare
of the people of this City.
10.
Those
buildings the foundations of which do not support the main support
structures of the buildings so that the buildings are subject to collapse.
11.
Those
buildings the steps, stairs, porches and appurtenances of which are
incapable of supporting the load for which they were designed or to
which they may reasonably and foreseeably be subjected.
12.
Those
buildings which are uninhabited and which are open at door, window,
wall or roof.
13.
Those buildings in the process of demolition upon which no substantial work has been performed for a period of thirty (30) days immediately next prior to the time a notice under provisions of Section 505.070 shall issue to complete the demolition thereof.
14.
Those buildings under construction upon which no substantial work has been performed for a period of ninety (90) days immediately next prior to the time a notice under provision of Section 505.070 shall issue to complete the construction thereof, and which by reason of such non-completion constitute or are seasonably likely to constitute a fire hazard or an attraction to vandals or children, or are, or are reasonably likely to become, used for illegal or immoral purposes, or are, or are likely to become, unkempt and untidy or slovenly in appearance and to depress property values in the neighborhood.
15.
Those
buildings, walls or structures existing in violation of any other
ordinance of the City.
[CC 1999 §6.0102; Ord. No. 99-11-01 §2, 11-16-1999]
All "dangerous buildings" as defined in Section 505.010 of this Chapter are hereby declared to be public nuisances, and shall be vacated and demolished and removed, or secured and repaired as herein provided.
[CC 1999 §6.0103; Ord. No. 99-11-01 §2, 11-16-1999]
A.
The following
standards shall be followed in substance by the designated Building
Inspector in ordering the vacation and demolition and removal or repairing.
1.
If the
"dangerous building" can reasonably be repaired, reconditioned, secured
or remodeled so that it will no longer exist in violation of the terms
of this Chapter, it shall be ordered repaired, reconditioned, secured
or remodeled.
2.
If the
"dangerous building" is in such condition as to make it dangerous
to the health, morals, safety or general welfare of its occupants
it shall be ordered to be vacated and repaired, secured or demolished.
3.
In any
case where a "dangerous building" is fifty percent (50%) damaged or
decayed or deteriorated from its original value or structure, it shall
be demolished and in all cases where a building cannot be repaired,
reconditioned, secured or remodeled so that it will no longer exist
in violation of the terms and provisions of this Chapter it shall
be demolished.
4.
In all
cases where a "dangerous building" is a fire hazard existing or erected
in violation of the terms of the ordinances of the City or Statutes
of the State of Missouri, it shall be demolished.
[CC 1999 §6.0104; Ord. No. 99-11-01 §2, 11-16-1999]
A.
The Building
Inspector shall have and perform the following duties:
1.
Inspect or cause to be inspected, as often as necessary, all residential, institutional, assembly, commercial, industrial, church, theater, school, hotel, motel, garage, tenement, restaurant, special or miscellaneous occupancy or loft buildings for the purpose of determining whether any conditions exist which render such a place a "dangerous building" as defined in Section 505.010 of this Chapter.
2.
Inspect
any building, wall or structure about which complaints are filed by
any person to the effect that a building, wall or structure is or
may be existing in violation of the terms and provisions of this Chapter.
3.
Inspect
any building, wall or structure reported (as hereinafter provided)
by the Mayor, Board of Aldermen or Police Department of the City as
probably existing in violation of the terms and provisions of this
Chapter.
4.
Notify in writing the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building or structure, as shown by the land records of the recorder of deeds of Greene County, Missouri, of any building found by the Building Inspector to be a "dangerous building" within the definitions set forth in Section 505.010 of this Chapter that:
a.
The
owner must demolish and remove, secure or repair said building or
structure in accordance with the terms of the notice;
b.
The
occupant or lessee must vacate said building or structure or may take
corrective measures in accordance with the notice and remain in possession;
c.
The
mortgagee, agent or other person having an interest in the building
or structure, as shown by the land records of the Recorder of Deeds
of Greene County, Missouri, may at his/her own risk, demolish and
remove or repair said building or structure or have such work or act
done; provided, that any person notified under this Subsection to
so repair, vacate and demolish and remove or repair any building or
structure shall be given at least thirty (30) days from the date set
out in the notice for such vacation, demolition and removal or repair
of said "dangerous building" to begin.
5.
Set forth in the notice provided for in Subsection (4) of this Section, a description of the building or structure, so found to be a "dangerous building" together with a statement of the particulars which make the building or structure a "dangerous building" as defined by Section 505.010 of this Chapter and detrimental to the health, safety or welfare of the residents of the City and an order requiring the demolition and removal, securing or repair of said "dangerous building", when begun and to proceed continuously and without unnecessary delay.
7.
If the Building Inspector shall complete the inspection of the building or structure and determine that it is a "dangerous building" as defined in Section 505.010 of this Chapter, he/she shall place a notice on such building or structure found by him/her to be a "dangerous building" reading as follows:
"This building has been found to be a dangerous building by
the Building Inspector of the City. This notice is to remain on this
building until it is vacated and demolished and removed or secured
and repaired, in accordance with the notice which has been given to
the owner, occupant, lessee, mortgagee or agent of this building and
all other persons having an interest in said building as shown by
the land records of the Recorder of Deeds of Greene County, Missouri.
It is unlawful to remove, deface or mutilate this notice until such
notice is complied with".
Provided however, the posting of said notice shall not be construed
to deprive any person entitled thereto by this Chapter to notice and
hearing as prescribed by this Chapter.
8.
Appear
at all hearings conducted by the City and the Board of Adjustment
and testify as to the condition of said building or structure so found
by him/her to be a "dangerous building".
[CC 1999 §6.0105; Ord. No. 99-11-01 §2, 11-16-1999]
A.
Upon receipt of the report of the Building Inspector and if the owner, occupant, mortgagee or lessee fails to comply with the order or extension thereof, provided for in this Chapter, within the time specified in the order or extension thereof, the City shall call and have a full and adequate hearing by the Municipal Court upon the matter, giving 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. After the hearing, if the evidence supports a finding that the building or structure is a nuisance or detrimental to the health, safety or welfare of the residents of the City, the City shall issue an order, making specific findings of fact, based upon competent and substantial evidence, which shows the building or structure to be a nuisance and detrimental to the health, safety or welfare of the residents of the City as defined in Section 505.010 of this Chapter and ordering the building or structure to be demolished and removed or repaired and secured. Under the standards provided for in Section 505.030 of this Chapter, the City shall certify the charge for such demolition and removal or repair as a special assessment represented by a special tax bill against the land upon which said "dangerous building" existed or is located. The charge for the abatement of the "dangerous building" shall include the actual cost of demolition and removal or repair and a reasonable charge for administering the provisions of this Chapter, said fee shall be determined by the Board of Aldermen. The tax bill shall be a lien upon the land upon which said "dangerous building" existed or is located and may be assigned and shall be collected and enforced as special tax bills. At the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from the date of its issuance shall be a lien on the land upon which said "dangerous building" existed.
B.
If a
taxpayer elects to pay over a ten (10) year period, he/she shall pay
interest at a rate of eight percent (8%) per annum. If, however, the
land is sold, the amount owed to the City shall be paid in full at
the time of sale.
[CC 1999 §6.0106; Ord. No. 99-11-01 §1, 11-16-1999]
In cases where it reasonably appears there is an immediate danger to the health, safety or welfare of any person unless a "dangerous building" as defined by Section 505.010 of this Chapter is immediately vacated and demolished and removed or repaired or secured, the Building Inspector shall report such facts to the City and the City shall cause the immediate vacation and demolition and removal or repair, of such "dangerous building". The costs of such emergency repair, demolition, securing or removal of such "dangerous building" shall be collected in the same manner as provided in Section 505.050(A) of this Chapter.
[CC 1999 §6.0107; Ord. No. 99-11-01 §2, 11-16-1999]
The notices provided for in Section 505.040(4) and (7) of this Chapter and Section 505.050(B) of this Chapter, may be served by personal service upon the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the "dangerous building" as shown by the land records of the recorder of deeds of Greene County, Missouri. Said notices may also be served upon the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said "dangerous building" as shown by the land records of the Recorder of Deed's of Greene County, Missouri, by certified mail, return receipt requested, directed to the last known address of each; provided, if service of said notices cannot be had either by personal service or certified mail return receipt requested, then and in either of these events, service of said notices may be had by posting such notice in accordance with the Statutes regarding posting of notice or by publication of such notices in an official newspaper of general circulation in the City once a week for three (3) consecutive weeks, the first (1st) publication to be at least twenty-one (21) days before the date of any hearing which may be set out in the notice.
[CC 1999 §6.0108; Ord. No. 99-11-01 §2, 11-16-1999]
A.
The owner of any "dangerous building" as defined in Section 505.010 of this Chapter who shall fail to comply with any notice, order or extension thereof by the City, to vacate and demolish and remove or repair, said building or structure and to proceed continuously with said work of vacating and demolishing and removing or repairing, shall be guilty of violating this Chapter and upon conviction thereof shall be fined not exceeding five hundred dollars ($500.00) and/or ninety (90) days in jail for each offense and a further sum of twenty dollars ($20.00) for each and every day such failure to comply continues beyond the date fixed by the notice or order or extension thereof. Enforcement under this Section shall be stayed during the pendency of any appeal provided for by this Chapter or by Statute.
B.
The occupant
or lessee in possession who fails to comply with any notice to vacate
or an extension thereof and who fails to repair, recondition said
"dangerous building" in accordance with any notice or order or extension
thereof, given or made as provided in this Chapter, shall be guilty
of violating this Chapter and upon conviction thereof shall be fined
not exceeding three hundred dollars ($300.00) for each offense and
a further sum of twenty dollars ($20.00) for each and every day such
failure to comply continues beyond the date fixed in the notice or
order or extension thereof for compliance. Enforcement under this
Section shall be stayed during the pendency of any appeal provided
for by this Chapter or by Statute.
[CC 1999 §6.0109; Ord. No. 99-11-01 §2, 11-16-1999]
Any person removing, defacing or mutilating the notice placed
on a "dangerous building" as provided in Section 505.040(7) of this
Chapter shall be deemed guilty of an ordinance violation and upon
conviction thereof, shall be fined not exceeding three hundred dollars
($300.00) for each offense.
A.
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, the
following procedure is established for the payment of up to twenty-five
percent (25%) of the insurance proceeds as set forth in this Subsection.
This Subsection shall apply only to a covered claim payment that 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 this Chapter.
2.
The City shall release the proceeds and any interest that has accrued on such proceeds received under Subdivision (1) of this Subsection 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 Section 505.050. If the City has proceeded under the provisions of Section 505.050, all monies in excess of that necessary to comply with the provisions of Section 505.050 for the removal, securing, repair and clean up of the building or structure and the lot on which it is located, less salvage value, shall be paid to the insured.
B.
If there are no proceeds of any insurance policy as set forth in Subsection (A) of this Section, at the request of the taxpayer the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from the date of its issuance shall be a lien on the property and a personal debt against the property owner(s) until paid.
C.
This
Section shall apply to fire, explosion or other casualty loss claims
arising on all buildings and structures.
D.
This
Section does not make the City a party to any insurance contract,
and the insurer is not liable to any party for any amount in excess
of the proceeds otherwise payable under its insurance policy.
E.
The Building Commissioner may certify that in lieu of payment of all or part of the covered claim payment under Subsection (A) that it has obtained satisfactory proof that the insured has removed or will remove the debris and repair, rebuild or otherwise make the premises safe and secure. In this event, the Building Commissioner shall issue a certificate within thirty (30) days after receipt of proof to permit covered claim payment to the insured without the deduction pursuant to Subsection (A) of this Section. It shall be the obligation of the insured or other person making the claim to provide the insurance company with the written certificate provided for in this Subsection.
[CC 1999 §6.0111; Ord. No. 99-11-01 §2, 11-16-1999]
Whenever there is insufficient evidence of compliance with the
provisions of this Chapter or evidence that any material or any construction
does not conform to the requirements of this Chapter, or in order
to substitute claims for alternate materials or methods of construction,
the City may require tests as proof of compliance to be made at the
expense of the owner or his/her agent.
[CC 1999 §6.0112; Ord. No. 99-11-01 §2, 11-16-1999]
Test methods shall be as specified by this Chapter for the material
in question. If there are no appropriate test methods specified in
this Chapter, the City shall determine the test procedure to be used.
Copies of the results of all such tests shall be retained by the City
for a period of not less than two (2) years after the making thereof.
[CC 1999 §6.0113; Ord. No. 99-11-01 §2, 11-16-1999]
A.
The Prosecuting
Attorney shall:
1.
Prosecute all persons failing to comply with the terms of the notices provided for in Section 505.040 (4, and (7)) of this Chapter and Section 505.050(B) of this Chapter and the order provided for in Section 505.050(B) of this Chapter.
2.
Bring
suit to collect all municipal liens, assessments or costs incurred
by the City in doing or causing to be done repairing, demolishing
and removing "dangerous buildings".
3.
Take
such other legal action as is necessary to carry out the terms and
provisions of this Chapter.
[CC 1999 §6.0114; Ord. No. 99-11-01 §2, 11-16-1999]
The Chief of the Police Department of the City shall make a report in writing to the City of any buildings or structures which are or may be, or are suspected to be "dangerous buildings" as defined in Section 505.010 of this Chapter. Such reports must be delivered to the City within twenty-four (24) hours of the discovery of such buildings by any employee of the said Police Department.
[CC 1999 §6.0115; Ord. No. 99-11-01 §2, 11-16-1999]
No officer, elected official, agent or employee of the City
shall be himself/herself personally liable for any damage that may
accrue to persons or property as a result of any act required or permitted
in the discharge of duties under this Chapter. The preceding does
not exclude liability for acts of gross negligence or acts of wilful
or wanton misconduct in connection with the performance of duties
required under this Chapter. Any suit brought against any officer,
agent or employee of the City as a result of any act required or permitted
in the discharge of his/her duties under this Chapter shall be defended
at the City's expense until the final determination of the proceedings
therein.
[CC 1999 §6.0116; Ord. No. 99-11-01 §2, 11-16-1999]
The provisions of this Chapter shall govern in the City except
as such matters are otherwise regulated in the Statutes of the State
of Missouri.
