[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).
[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).