[R.O. 2014 §508.010; Ord. No. 1509 §1, 11-10-2011]
It is the purpose of this Chapter 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
general public, and this Chapter shall apply to all dangerous buildings,
as herein defined, that now are in existence or that may hereafter
exist in the City of Marshfield, Missouri.
[R.O. 2014 §508.020; Ord. No. 1509 §2, 11-10-2011]
A.
All
buildings that are detrimental to the health, safety or welfare of
the residents of the City and that have any or all of the following
defects shall be deemed "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 reasonability 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.
[R.O. 2014 §508.030; Ord. No. 1509 §3, 11-10-2011]
All dangerous buildings, as defined by Section 508.020, are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as provided.
[R.O. 2014 §508.040; Ord. No. 1509 §4, 11-10-2011]
A.
The
following standards shall be followed in substance by the Building
Inspector and the Building Commissioner in ordering repair, vacation
or demolition of any dangerous building.
1.
If the dangerous building reasonably can be repaired so that it no
longer will exist in violation of the terms of this Chapter, it shall
be ordered repaired.
2.
If the 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 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 this Chapter or any ordinance
of this City or Statute of the State of Missouri, it shall be repaired
or demolished.
[R.O. 2014 §508.050; Ord. No. 1509 §5, 11-10-2011]
The Building Inspector shall be the officer charged with the
administration and enforcement of the Building Code and this Chapter
of the City's Municipal Code of Ordinances.
[R.O. 2014 §508.060; Ord. No. 1509 §6, 11-10-2011]
A.
The
Building Inspector shall have the duty under this Chapter 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
a dangerous building when he 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 Chapter, and the Building
Inspector 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 the City as probably existing in violation 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 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 Webster County of any building found by him to be a dangerous building within the standards set forth in Section 508.020. The notice required shall state 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 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
the County wherein the land is located may, at his/her/its own risk,
repair, vacate or demolish or have such work done, provided that any
person notified under this Subsection to repair, vacate or demolish
any building shall be given such reasonable time not exceeding thirty
(30) days to commence the required work.
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The notice provided for in this Section shall state a description
of the building or structure deemed dangerous, a statement of the
particulars that make the building or structure a dangerous building
and an order requiring the designated work to be commenced within
the time provided for in the above Subsection.
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5.
Report in writing to the City Building Commissioner the non-compliance
with any notice to vacate, repair or demolish or upon the failure
to proceed continuously with the work without unnecessary delay.
6.
Appear at all hearings conducted by the Building Commissioner and
testify as to the condition of dangerous buildings.
7.
Immediately report to the Building Commissioner concerning any building
found by the Building Inspector to be inherently dangerous and that
the Building Inspector 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 a dangerous building by
the Building Inspector. This notice is to remain on this building
until it is repaired, vacated or demolished in accordance with the
notice that has been given the owner, occupant, lessee, mortgagee
or agent of his building, and all other persons having an interest
in said building as shown by the land records of the Recorder of Deeds
of Webster County. It is unlawful to remove this notice until such
notice is complied with."
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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 Chapter to the notice and hearing
prescribed herein.
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[R.O. 2014 §508.070; Ord. No. 1509 §7, 11-10-2011]
The Mayor, with the consent and approval of a majority of the
members of the Board of Aldermen, shall appoint a Building Commissioner.
[R.O. 2014 §508.080; Ord. No. 1509 §8, 11-10-2011; Ord. No. 1954, 7-23-2020[1]; Ord. No. 2127, 1-11-2024]
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 to make inspections and perform all the duties
required of the Building Inspector by this Section. Upon receiving
a complaint or report from any source, that a 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 or 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 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.
a.
Written notice, either by personal service or by certified mail,
return receipt requested, or by publication for two (2) successive
weeks, in a newspaper qualified to publish legal notices, at least
twenty-one (21) 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 the County wherein the land is located, to appear before the Building
Commissioner on the date specified in the notice to show cause why
the building or structure reported to be a dangerous building should
not be repaired, vacated or demolished in accordance with the statement
of particulars set forth in the Building Inspector's notice as provided
herein.
b.
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 a dangerous building within the terms of Subsection (A)(2).
4.
If the evidence supports a finding based upon competent and substantial
evidence that the building or structure is a 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 the County wherein the land is located, to repair,
vacate or demolish any building found to be a dangerous building;
provided, that any person so notified, shall have the privilege of
either repairing or vacating and 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 the County wherein the land is located, may vacate and
demolish said dangerous building at his/her/its own risk to prevent
the acquiring by the City of the lien against the land where the dangerous
building stands. If the evidence does not support a finding that a
building or structure is a 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 as the facts may warrant; and the Building Commissioner shall certify the cost of the work borne by the City for such repair, vacation or demolition to the City Clerk as a special assessment represented by a special tax bill against the real property affected; said tax bill shall be a lien upon said property and shall be deemed a personal debt against the property owner(s). Except as provided in Subsection (A)(6) of this Section, at the request of the taxpayer this special tax bill may be paid in installments over a period of not more than ten (10) years; said assessment shall bear interest at the 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 Subsection (A)(5) of this Section, 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 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 Subsections (A)(6)(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 moneys
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 Section.
b.
The City shall release the proceeds and any interest that has accrued on such proceeds received under Subsection (A)(6)(a) 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 moneys, unless the City has instituted legal proceedings under the provisions or Subsection (A)(5) of this Section. If the City has proceeded under the provisions of Subsection (A)(5) of this Section, all moneys in excess of that necessary to comply with the provisions of Subsection (A)(5) of this Section for the removal of the building or structure, less salvage value, shall be paid to the insured.
7.
If there are no proceeds of any insurance policy as set forth in Subsection (A)(6) 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 date of its issuance shall be a lien on the property and a personal debt against the property owner(s) until paid.
8.
Subsection (A)(6) of this Section shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.
9.
Subsection (A)(6) of 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.
10.
The Building Commissioner may certify in lieu of payment of all or part of the covered claim under Subsection (A)(6) 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)(6) 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 from this Subsection.
[1]
Editor's Note: Ord. No. 1954 also changed the title of this
Section from "Duties of The Building Commissioner" to "Duties of Building
Inspector— Procedures and Notice."
[R.O. 2014 §508.090; Ord. No. 1509 §9, 11-10-2011]
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 the County wherein the land is located,
may, within thirty (30) days from the receipt of the order of the
Building Commissioner, appeal such decision to the Circuit Court of
the County wherein the land is located pursuant to the procedure established
in Chapter 536, RSMo.
[R.O. 2014 §508.100; Ord. No. 1509 §10, 11-10-2011]
In cases where it reasonably appears that there is immediate
danger to the health, life or safety of any person unless a dangerous
building, as defined herein, is immediately repaired, vacated or demolished,
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 dangerous building. The costs of such emergency
repair, vacation or demolition of such dangerous building shall be
collected in the same manner as provided in Section 508.080(5).
[R.O. 2014 §508.110; Ord. No. 1509 §11, 11-10-2011]
[R.O. 2014 §508.120; Ord. No. 1509 §12, 11-10-2011]
Any person violating the provisions of this Chapter is guilty
of a misdemeanor and upon conviction thereof shall be fined not more
than five hundred dollars ($500.00). Each day that a person fails
to comply with an order of the Building Commissioner may be deemed
a separate offense.
