[R.O. 2011 §505.010]
The purpose of this Chapter is to provide for the mandatory
vacation, demolition or repair and maintenance of buildings or structures
within the corporate limits of the City of Trenton which are detrimental
to the health, safety or welfare of City residents and declared to
be a public nuisance.
[R.O. 2011 §505.020]
The following definitions shall apply in the interpretation
and enforcement of this Chapter:
BUILDING INSPECTOR
Any person appointed as such by the City Council, who shall
serve in that capacity at the pleasure of the City Council and who
is hereby empowered to enforce the provisions of this Chapter.
DANGEROUS BUILDINGS OR STRUCTURES
All buildings or structures, portions or parts of a building
or remains of a building or structure which may have any of the following
defects shall be deemed a dangerous building and a nuisance and such
conditions or defects are hereby declared to be detrimental to the
life, health, property, safety or welfare of the public, or the occupants
thereof:
1.
Whenever the exterior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity does not fall inside the middle one-third (1/3)
of the base.
2.
Whenever any portion thereof has cracked, warped, buckled or
settled to such an extent that walls or other structural portions
have materially less resistance to winds or snow than is required
in the case of similar new construction.
3.
Whenever the building or structure, or any portion thereof,
because of dilapidation, deterioration, decay, vandalism or faulty
construction or the removal, movement or instability of any portion
of the ground necessary for the purpose of supporting such building,
or the deterioration, decay or inadequacy of its foundation, or any
other cause, is likely to partially or completely collapse.
4.
Whenever the building or structure, exclusive of the foundation,
shows substantial damage or deterioration of the supporting or non-supporting
members, or enclosing or outside walls or wall coverings.
5.
Whenever the building or structure has 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.
6.
Whenever any portion thereof has been damaged by fire, earthquake,
tornado, wind, flood, vandals or any other cause, to such an extent
that the structural strength or stability thereof is materially less
than it was before such a catastrophe or damage and is less than the
minimum requirements of this Code for similar new construction.
7.
Whenever a door, aisle, passageway, stairway, fire escape or
other means of egress is not sufficient width or size, or is damaged,
dilapidated, obstructed or otherwise unusable, or so arranged so as
not to provide safe and adequate means of egress in case of fire or
panic.
8.
Whenever any portion or member or appurtenance thereof (i.e.,
porch, chimney or sign) is likely to fall, or to become detached or
dislodged, or to collapse and thereby injure persons or damage property.
9.
Whenever any building or structure has any portion, member or
appurtenance, or ornamentation on the exterior thereof, which is not
of sufficient strength or stability, or is not so anchored, attached
or fastened in place as to be capable of safely resisting wind pressure,
or snow or other loads.
10.
Whenever the building or structure, because of inadequate maintenance,
dilapidation, decay, damage, faulty construction or arrangement, trash,
filth, inadequate light, air ventilation or sanitation facilities,
or otherwise is determined to be unsafe, unsanitary, unfit for human
habitation or in such condition that it is likely to cause sickness
or disease.
11.
Whenever for any reason the building or structure, or any portion
thereof, is manifestly unsafe for the purpose for which it is being
used.
12.
Whenever the building or structure or land it occupies exists
or is maintained in violation of any specific requirement or prohibition
applicable to such building or structure or land provided by this
Chapter or other applicable laws or ordinances of the State or City
relating to the condition, use, location or maintenance of the building,
structure or land.
13.
Whenever the building or structure has become an attractive
nuisance to children or is open to unauthorized or unlawful entry.
14.
Whenever the building or structure, because of obsolescence,
dilapidated condition, deterioration, damage, trash and debris, unsafe
exits, lack of sufficient fire-resistive construction, unsafe electrical
wiring, gas connections or heating apparatus, previous fires or other
cause, is determined to be a fire hazard or is a fire hazard under
the Trenton City Code.
15.
Whenever the electrical system is totally or partially damaged,
destroyed, removed or otherwise made inoperable, unsafe or hazardous.
16.
Whenever the plumbing system is totally or partially damaged,
destroyed, removed or otherwise made inoperable or unsanitary.
17.
Whenever the mechanical system or any portion of the mechanical
system is totally or partially damaged, destroyed, removed or otherwise
made inoperable or unsafe.
18.
Whenever the building or structure is in such condition as to
constitute a public nuisance known to the common law or in equity
jurisprudence.
19.
Whenever any portion of a building or structure remains on a
site when construction or demolition work is abandoned.
DETERIORATION
The condition or appearance of a building or part thereof
characterized by evidence of physical decay or neglect, excessive
use or lack of maintenance or any combination of such characteristics.
DILAPIDATED
No longer adequate for the purpose or use for which the building
or structure was originally intended.
DWELLING
Any building which is wholly or partially used or intended
to be used for living or sleeping by human occupants.
OCCUPANT
Any person holding a written or oral lease or who occupies
the whole or any part of a structure or building, either alone or
with others.
OWNER
Any person, alone or jointly or severally with others, who:
1.
Shall have legal title to any building or structure, with or
without actual possession thereof; or
2.
Shall have charge, care or control of any structure or building
as the owner or agent of the owner, or as personal representative,
trustee or guardian of the person or estate of the owner. Any such
persons thus representing the actual owner shall be bound to comply
with the provisions of this Chapter, and the rules and regulations
adopted pursuant thereto, to the same extent as if he/she were the
owner.
PERSON
Any individual, firm, corporation, trust, association, partnership
or joint venture.
REPAIR
To restore to a sound and acceptable state of operation,
serviceability or appearance. Repairs shall be expected to last approximately
as long as would the replacement by new items.
REPLACE
To remove an existing item or portion of a system and to
construct or install a new item of similar or improved quality as
the existing item when new. Replacement will ordinarily take place
when the item is beyond repair.
SAFE
The condition of being free from danger and hazards which
may cause accidents or disease.
STRUCTURE
Anything constructed or erected, the use of which requires
permanent location on the ground or attachment to something having
a permanent location on the ground.
[R.O. 2011 §505.050; Ord. No. 97-54 §1, 6-11-1997; Ord. No. 98-11 §1, 3-11-1998; Ord. No. 05-21 §1, 6-13-2005; Ord. No. 06-32 §§1
— 2, 8-14-2006]
A. Establishment. A Building and Nuisance Board is hereby established in accordance with the provisions of State law governing the vacation, demolition or repair of buildings or structures constituting a public nuisance. For purposes of this Chapter
505, said Board may be referred to simply as "Building Board".
B. Membership Of Board. The Building and Nuisance Board shall
consist of seven (7) members who shall be resident, tax-paying citizens
of the City and shall be appointed by Mayor with the approval of the
City Council. No more than three (3) members of the City Council may
serve on the Building and Nuisance Board. The Building and Nuisance
Board shall consist of those members of the Building and Nuisance
Board already serving at the time of the passage of this amendment
wherein the Board previously consisted of five (5) members each serving
for staggered terms of four (4) years. Upon enactment of this amendment,
two (2) additional members shall be appointed — one (1) to serve
a three (3) year term and one (1) to serve a two (2) year term. Thereafter,
members shall be appointed for terms of four (4) years with said terms
expiring on June first (1st) of each year or until a successor has
been appointed. Vacancies which occur within the Board membership
shall be filled for the unexpired term of any member whose term becomes
vacant in the same manner as original appointments. The Building and
Nuisance Board shall elect its own Chairperson who shall serve for
one (1) year or until a successor is elected. Members of the Building
and Nuisance Board may be removed from the Board for misconduct or
neglect of duty by the Mayor with the approval of the City Council.
C. Meetings. Regular monthly meetings of the Building and Nuisance
Board shall be held on the fourth (4th) Monday of each month at 6:00
P.M. or at such other time and date as the Board shall determine.
Special meetings may be held whenever the Chairperson of the Board
deems it necessary and calls a special meeting by serving written
notice of the time, place and purpose of such special meeting upon
each member of the Building and Nuisance Board. Public notice of all
regular and special meetings of the Building and Nuisance Board shall
be given and shall conform to Section 610.020, RSMo., as may be amended
from time to time. Meetings shall be held in the Council Chambers
at Trenton City Hall unless another location is specified and due
notice thereof given.
[R.O. 2011 §505.120]
It shall be unlawful for any person to enter, occupy, use, remain
in or permit or cause any other person to enter, occupy, use or remain
in any building or structure which has been declared a dangerous building
by the Building Board, unless such entry and use is for the purpose
of repair or demolition, until such building or structure has been
inspected by the Building Board and a certificate of occupancy has
been issued. Such certificate shall be issued only when it has been
determined that the building is no longer a dangerous building and
is safe and fit for human occupancy.
[R.O. 2011 §505.180]
No officer, agent or employee of the City of Trenton shall be
personally liable for any damage that may occur to any person 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
such officer, agent or employee of the City as the result of any acts
required or permitted shall be defended by the City until the final
determination of the proceedings, and if judgment shall be obtained
it shall be paid by the City of Trenton. It is hereby further declared
that no officer, agent or employee of the City of Trenton 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.