[CC 1974 §41.010; Ord. No. 4215 §1(41.010), 1-6-2003]
A.
All buildings
or structures in the corporate limits of the City which are detrimental
to the health, safety or welfare of the residents and which have any
or all of the following defects are declared to be a public nuisance:
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 general health and welfare
of the occupants or the people of this 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, safety or
general welfare of those living therein.
6.
Those
having light, air and sanitation facilities which 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
means of communication.
8.
Those
which have parts thereof which are so attached that they may fall
and injure property or members of the public.
9.
Those
which because of their condition are unsafe, unsanitary or dangerous
to the health, safety or general welfare of the people of this City.
[CC 1974 §41.020; Ord. No. 4215 §2(41.020), 1-6-2003]
A.
The following
standards shall be followed in ordering repair, vacation or demolition:
1.
If the
nuisance building or structure can reasonably be repaired so that
it will no longer exist in violation of the terms of this Chapter,
it shall be ordered repaired.
2.
If the
nuisance building or structure is in such condition as to make it
dangerous to the health, safety or general welfare of its occupants,
it be ordered to be vacated and repaired.
3.
In any
case where a nuisance building or structure 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 so that it will no longer exist in violation of the terms
of this Chapter, it shall be demolished. In all cases where a nuisance
building or structure is a fire hazard existing or erected in violation
of any provision of this Code or other ordinance of the City or Statute
of the State, it shall be repaired or demolished.
[CC 1974 §41.030; Ord. No. 4215 §3(41.030), 1-6-2003]
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 of Stoddard
County, Missouri, and shall be signed by the person who has the responsibility
to issue the notice. 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 posting a copy
of such notice in a conspicuous place on the building or structure
to which it relates and by certified mail, return receipt requested;
but if his/her address shall not be known, the service of notice shall
be by posting and by publication. The publication shall contain the
full text of the notice and shall be published at least once a week
for three (3) consecutive weeks on the same day of the week in some
newspaper of general circulation published in the City 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 thirty
(30) days from the date of the first (1st) publication of notice.
[CC 1974 §41.040]
Any City employees so designated by the Mayor or the City Administrator
shall be Building Inspectors within the meaning of this Chapter.
[CC 1974 §41.050; Ord. No. 4215 §4(41.050), 1-6-2003]
A.
The Building
Inspectors shall:
1.
Inspect or cause to be inspected, as often as may be necessary, any public buildings, schools, halls, churches, theaters, hotels, tenements, commercial manufacturing or loft buildings and any dwellings for the purpose of determining whether any conditions exist which render such places to be a nuisance building or structure within the terms of 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 this Chapter.
3.
Inspect
any building, wall or structure reported as probably existing in violation
of the terms of this Chapter.
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 by publication in a newspaper qualified to publish notices for two (2) successive weeks the owner, occupant, lessee, mortgagee and all other persons having an interest in said building as shown by the records of the Recorder of Deeds of the County of any building found to be a nuisance building or structure within the standards set forth in Section 505.010 of this Code that:
a.
The
owner must vacate, vacate and repair or vacate and demolish said building
in accordance with the terms of the notice and this Chapter;
b.
The
occupant or lessee must vacate said building or may have it repaired
in accordance with the notice and remain in possession;
c.
The mortgagee, agent or other person having an interest in said building as shown by the land records of the Recorder of Deeds of the County may at his/her own risk repair, vacate or demolish said building or have such work or act done; provided, that any person notified under this Subsection (4) to repair, vacate or demolish any building shall be given such reasonable time, not exceeding thirty (30) days, as may be necessary to do or have done the work or act required by the notice provided for herein.
5.
Set forth in the notice provided for in Subsection (4) hereof a description of the building or structure deemed a nuisance, a statement of the particulars which make the building or structure a nuisance, and an order requiring the same to be put in such condition as to comply with the terms of this Chapter within such length of time, not exceeding thirty (30) days, as is reasonable.
7.
Appear
at all hearings conducted under this Chapter.
8.
Place
a notice on all nuisance buildings or structures reading as follows:
"This building or structure has been found to be a nuisance
building or structure by the Building Inspector. This notice is to
remain on this building until it is repaired, vacated or demolished
in accordance with the notice which 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 the County. It is unlawful to remove this
notice until such notice is complied with."
[CC 1974 §41.060; Ord. No. 4215 §5(41.060), 1-6-2003]
The City Administrator shall act as Building Commissioner under
this Chapter.
[CC 1974 §41.070; Ord. No. 4215 §6(41.070), 1-6-2003]
Upon failure to commence work of reconditioning or demolition
within the time specified or upon failure to proceed continuously
with the work without unnecessary delay, the Building Commissioner
or designated officer or officers shall call and have a full and adequate
hearing upon the matter giving the affected parties at least ten (10)
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 Building Commissioner or
designated officer or officers 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 and ordering
the building or structure to be demolished and removed or repaired.
If the evidence does not support a finding that the building or structure
is a nuisance or detrimental to the health, safety or welfare of the
residents of the City, no order shall be issued.
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 505.090. If the City has proceeded under the provisions of Section 505.090, all monies in excess of that necessary to comply with the provisions of Section 505.090 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 1974 §41.075; Ord. No. 4215 §7(41.075), 1-6-2003]
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 nuisance building is located. The contractor
may enforce this lien as provided in Sections 429.010 to 429.360,
RSMo. 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 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.
[CC 1974 §41.080; Ord. No. 4215 §8(41.080), 1-6-2003]
Any owner, occupant, lessee, mortgagee, agent or any other person having an interest in a nuisance building or structure as shown by the land records of the Recorder of Deeds of Stoddard County, Missouri, may, within thirty (30) days from the receipt of the order of the City Administrator (Building Commissioner) provided for by Section 505.070 of this Code, appeal such decision to the Circuit Court of Stoddard County, Missouri, pursuant to the procedure established in Chapter 536, RSMo.
[CC 1974 §41.090; Ord. No. 4215 §9(41.090), 1-6-2003]
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a nuisance building or structure, as defined in Section 505.010 is, immediately repaired, vacated or demolished, the Building Inspector shall report such facts to the City Administrator (Building Commissioner) and the City Administrator (Building Commissioner) shall cause the immediate repair, vacation or demolition of such nuisance building or structure. The cost of such emergency repair, vacation or demolition of such nuisance building or structure shall be collected in the same manner as provided in Section 505.090.
[CC 1974 §41.100; Ord. No. 4215 §10(41.100), 1-6-2003]
In cases, except emergency cases, where the owner, occupant,
lessee or mortgagee is absent from the City, all notices or orders
provided for herein shall be sent by registered mail to the owner,
occupant, mortgagee, lessee and all other persons having an interest
in said building or structure as shown by the land records of the
Recorder of Deeds of the County to the last known address of each
and a copy of such notice shall be posted in a conspicuous place on
the nuisance building or structure to which it relates. Such mailing
and posting shall be deemed adequate service.
[CC 1974 §41.110]
In the event any building or structure is wrongfully demolished
by this City or is demolished without adhering to the procedures provided
in this Chapter, the City shall be liable for damages as determined
by a court of law in a suit brought by the party so damaged.
[CC 1974 §41.120; Ord. No. 4215 §11(41.120), 1-6-2003]
The owner, occupant or lessee in possession of any nuisance
building or structure who shall fail to comply with the order to repair,
vacate or demolish such building or structure given by the City Administrator
(Building Commissioner) or any person removing any notices provided
for in this Chapter shall be punished by imprisonment not to exceed
ninety (90) days or by a fine not to exceed five hundred dollars ($500.00),
or by both fine and imprisonment.
