[Ord. No. 99.023 §1, 6-28-1999]
It is the purpose of this Section to provide a just, equitable and practicable method for the repairing, vacation or demolition of buildings or structures that may endanger the life, limb, health, property, safety or welfare of the occupants of such buildings or the general public, and this Section shall apply to all unsafe structures/dangerous buildings, as herein defined, that now are in existence or that may hereafter exist in the City of Desloge, Missouri.
[Ord. No. 99.023 §1, 6-28-1999]
A. 
All buildings that are detrimental to the life, health, safety or welfare of the residents of the City of Desloge and that have any or all of the following defects shall be deemed "Unsafe Structures/Dangerous Buildings:
1. 
Those with interior walls or other vertical structural members that list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle third of its base.
2. 
Those that, exclusive of the foundation, show thirty-three percent (33%) or more damage or deterioration of the supporting member or members, or fifty percent (50%) damage or deterioration of the non-supporting enclosing or outside walls or covering.
3. 
Those that have improperly distributed loads upon the floors or roofs, or in which the same are overloaded or that have insufficient strength to be reasonably safe for the purpose used.
4. 
Those that have been damaged by fire, wind or other causes so as to become dangerous to life, safety or the general health and welfare of the occupants or the people of the City
5. 
Those that are so dilapidated, decayed, unsafe, unsanitary or that 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, safety or welfare of those occupying such building.
6. 
Those having light, air and sanitation facilities that are inadequate to protect the health, 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 adequate means of evacuation.
8. 
Those that have parts thereof that are so attached that they may fall and injure members of the public or property.
9. 
Those that because of their condition are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of this City.
[Ord. No. 99.023 §1, 6-28-1999]
All unsafe structures/dangerous buildings, as defined by Subsection (B) above, are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as provided herein.
[Ord. No. 99.023 §1, 6-28-1999]
A. 
The following standards shall be followed in substance by the Code Official/Building Inspector and the Building Commissioner in ordering repair, vacation or demolition of any unsafe structure/dangerous building.
1. 
If the unsafe structure/dangerous building reasonably can be repaired so that it no longer will exist in violation of the terms of this Section, it shall be ordered repaired.
2. 
If the unsafe structure/dangerous building is in such condition as to make it dangerous to the health, safety or general welfare of its occupants, it shall be ordered to be vacated and repaired.
3. 
In all cases where a building cannot be repaired so that it no longer will exist in violation of the terms of this Section, it shall be demolished.
4. 
In all cases where an unsafe structure/dangerous building is a fire hazard existing or erected in violation of the terms of this Section, or any ordinance of this City or statute of the State of Missouri, it shall be repaired or demolished.
[Ord. No. 99.023 §1, 6-28-1999]
All City Police Officers and all other City employees so designated by the City Administrator shall be Building Inspectors within the meaning of this Section.
[Ord. No. 99.023 §1, 6-28-1999]
A. 
The Building Inspector/Code Official shall have the duty under this Section to:
1. 
Inspect, or cause to be inspected, as often as may be necessary, all residential, institutional, assembly, commercial, industrial, garage, special or miscellaneous occupancy buildings for the purpose of determining whether any conditions exist that render such places an unsafe structure/dangerous building when he/she has reasonable grounds to believe that any such building is dangerous.
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 this Section, and the Building Inspector/Code Official determines that there are reasonable grounds to believe that such building is dangerous.
3. 
Inspect any building, wall or structure reported by the Fire or Police Departments of this City as probably existing in violation of this Section.
4. 
Notify in writing, either by personal service or by certified mail, return receipt requested, or if service cannot be had by either of these modes of service, then service may be had by publication in a newspaper qualified to publish legal notices for two (2) successive weeks, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of St. Francois County, of any building found by him/her to be an unsafe structure/dangerous building within the standards set forth in Section 515.020.
The notice required shall state that:
a. 
The owner must vacate, vacate and repair or vacate and demolish said building and clean up the lot or property on which the building is located in accordance with the terms of the notice and this Section.
b. 
The occupant or lessee must vacate said building or have it repaired in accordance with the notice and remain in possession;
c. 
The mortgagee, agent or other persons having an interest in said building as shown by the land records of the Recorder of Deeds of St. Francois County, may, at his/her own risk, repair, vacate, or demolish the building and clean up the property or have such work done, provided that any person notified under this Subsection to repair, vacate or demolish any building, or clean up the property shall be given such reasonable time not exceeding thirty (30) days to commence the required work;
5. 
The notice provided for in this Section shall state a description of the building or structure deemed dangerous or unsafe, a statement of the particulars that make the building or structure an unsafe structure/dangerous building and an order requiring the designated work to be commenced within the time provided for in the above Paragraph;
6. 
Report in writing to the City Building Commissioner the non-compliance with any notice to vacate, repair, demolish, clean up the property or upon the failure to proceed continuously with the work without unnecessary delay;
7. 
Appear at all hearings conducted by the Building Commissioner and testify as to the condition of unsafe structures/dangerous buildings.
8. 
Immediately report to the Building Commissioner concerning any building found by him/her to be inherently dangerous and that he/she determined to be a nuisance per se. The Building Commissioner may direct that such building be marked or posted with a written notice reading substantially as follows:
"This building has been found to be an unsafe structure/dangerous building by the Building Inspector. This notice is to remain on this building and/or property until it is repaired, vacated or demolished and the property cleaned up in accordance with the notice that has been given 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 St. Francois County. It is unlawful to remove this notice until such notice is complied with."
Provided however, that the order by the Building Commissioner and the posting of said notice, shall not be construed to deprive all persons entitled thereto by this Section to the notice and hearing prescribed herein.
[Ord. No. 99.023 §1, 6-28-1999]
The City Administrator shall act as Building Commissioner under this Section.
[Ord. No. 99.023 §1, 6-28-1999]
A. 
The Building Commissioner shall have the power pursuant to this Section to:
1. 
Supervise all inspections required by this Section, and cause the Building Inspector/Code Official to make inspections and perform all the duties required of him/her by this Section. Upon receiving a complaint or report from any source, that an unsafe structure/dangerous building exists in the City, the Building Commissioner shall cause an inspection to be made forthwith. If the Building Commissioner deems it necessary to the performance of his/her duties and responsibilities imposed herein, the Building Commissioner may request an inspection and report be made by any other City department or retain services of an expert whenever the Building Commissioner deems such service necessary.
2. 
Upon receipt of a report from the Building Inspector/Code Official indicating failure by the owner, lessee, occupant, mortgagee, agent or other person(s) having interest in said building to commence work of reconditioning or demolition within the time specified by this Section or upon failure to proceed continuously with work without unnecessary delay, the Building Commissioner shall hold a hearing giving the affected parties full and adequate hearing on the matter. Written notice, either by personal service or by certified mail, return receipt request, or by publication for two (2) successive weeks, in a newspaper qualified to publish legal notices, at least ten (10) days in advance of a hearing date, to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of St. Francois County, to appear before the Building Commissioner on the date specified in the notice to show cause why the building or structure reported to be an unsafe structure should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Building Inspector/Code Official's notice as provided herein. Any party may be represented by counsel and all parties shall have an opportunity to be heard.
3. 
Make written findings of fact from the evidence offered at said hearing as to whether or not the building in question is an unsafe structure within the terms of Subsection (B).
4. 
If the evidence supports a finding based upon competent and substantial evidence that the building or structure is an unsafe structure/dangerous building, the Building Commissioner shall issue an order based upon its findings of fact commanding the owner, occupant, mortgagee, lessee, agent or other person(s) having an interest in said building as shown by the land records of St. Francois County, to repair, vacate or demolish any building found to be a dangerous building/unsafe structure and to clean up the property, provided that any person so notified, shall have the privilege of either repairing said building, if such repair will comply with the ordinances of this City or the owner or any person having an interest in said building as shown by the land records of St. Francois County, may vacate and demolish said unsafe structure at his/her own risk to prevent the acquiring by the City of the lien against the land where the dangerous building/unsafe structure stands. If the evidence does not support a finding that a building or structure is an unsafe structure/dangerous building, no order shall be issued.
5. 
If the owner, occupant, mortgagee or lessee fails to comply with the order within thirty (30) days, the Building Commissioner shall cause such building or structure to be repaired, vacated or demolished and the property cleaned up as the facts may warrant. If the Building Commissioner or other designated officer or officers issues an order whereby the building or structure is demolished, secured, or repaired, or the property is cleaned up, the cost of performance shall be certified to the City Clerk or officer in charge of finance, who shall cause a special tax bill or assessment therefor against the property to be prepared and collected by the City Collector or other official collecting taxes, unless the building or structure is demolished, secured or repaired by a contractor pursuant to an order issued by the City and such contractor files a mechanic's lien against the property where the dangerous building is located. The contractor may enforce this lien as provided in Sections 429.010 to 429.360, RSMo. Except as provided in Subsections (6 — 10) 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 deemed a personal debt against the property owner and shall also be a lien on the property until paid. Said tax bill or assessment shall bear interest at a rate of eight percent (8%) per annum until paid.
6. 
As to damage or loss to a building or other structure caused by or arising out of any fire, explosion or other casualty loss, if an order is issued by the Building Commissioner as provided in Paragraph (5) above, and a special tax bill or assessment is issued against the property, it shall be deemed a personal debt against the property owner. 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 a 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 Subdivisions (a) and (b) of 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:
a. 
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 ordinance.
b. 
The City shall release the proceeds and any interest that has accrued on such proceeds received under Subparagraph (a) above to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after the receipt of such insurance monies, unless the City has instituted legal proceedings under the provisions of Paragraph (5). If the City has proceeded under the provisions of Paragraph (5), all monies in excess of that necessary to comply with the provisions of Paragraph (5) 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.
7. 
If there are no proceeds of any insurance policy as set forth in Paragraph (6) above, at the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years; said assessment shall bear interest at a rate of prime plus two percent (2%) per annum until paid and in accordance with Section 515.080(5). The tax bill from date of its issuance shall be a lien on the property and a personal debt against the property owner(s) until paid.
8. 
Paragraph (6) above shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.
9. 
Paragraph (5) above does not make the City a part 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.
10. 
The Building Commissioner may certify in lieu of payment of all or part of the covered claim under Paragraph (6) above 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 Paragraph (6) above. It shall be the obligation of the insured or other person making the claim to provide the insurance company with the written certificate provided from this Subsection.
Any owner, occupant, lessee, mortgagee, agent or any other person(s) having an interest in a dangerous building as shown by the land records of the Recorder of Deeds of St. Francois County, may appeal such decision to the Circuit Court of St. Francois County, as provided for in Sections 536.100 to 536.140, RSMo., if a proper record as defined in Section 536.130, RSMo., is maintained of the hearing provided for in Section 515.080 hereof. Otherwise, the appeal shall be made pursuant to the procedures provided for in Section 536.150, RSMo.
[Ord. No. 99.023 §1, 6-28-1999]
In cases where it reasonably appears that there is immediate danger to the health, life or safety of any person unless a dangerous building/unsafe structure, as defined herein is immediately repaired, vacated or demolished and the property is cleaned up, the Building Inspector shall report such facts to the Building Commissioner and the Building Commissioner may cause the immediate repair, vacation or demolition of such unsafe structure/dangerous building and clean up of the property. The costs of such emergency repair, vacation or demolition of such unsafe structure/dangerous building shall be collected in the same manner as provided in Subsection (H)(5).
A. 
The owner, occupant or lessee in possession of any unsafe structure/dangerous building who shall fail to comply with the order to repair, vacate or demolish said building given by the Building Commissioner shall be guilty of a misdemeanor and upon conviction shall be punishable as set forth in Subsection (L).
B. 
Any person removing any notices provided for in this Section shall be guilty of a misdemeanor and upon conviction shall be punished in accordance with Subsection (L). (Ord. No. 99.023 §1, 6-28-99
[Ord. No. 99.023 §1, 6-28-1999]
A. 
Any person who shall violate a provision of the Code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the Code Official, or of a permit or certificate issued under the provisions of this Code, shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment of not exceeding ninety (90) days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
B. 
Any person who shall continue any work on or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than five dollars ($5.00) or more than five hundred dollars ($500.00).