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City of Eldon, MO
Miller County
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Table of Contents
Table of Contents
Code
New Laws (30) Index
[1]
Editor's Note: Former Ch. 505, Dangerous Buildings, as derived from CC 1988 and Ord. No. 1491, was repealed 10-26-2021 by Ord. No. 39-2021.
[Ord. No. 39-2021, 10-26-2021]
A. 
"Dangerous buildings" are defined as any building, including, but not limited to, homes, residences, multi-family or apartment buildings, sheds and outbuildings of any type or nature, whether owned by individuals or a business entity, which fall into one (1) or more of the following categories:
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 the 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 the City of Eldon, Missouri.
5. 
Those which 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 occupying such buildings.
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 evacuation.
8. 
Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
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.
10. 
Those buildings existing in violation of any provisions of the building ordinance, the fire prevention ordinance, or other ordinances of this City.
11. 
Those buildings which are uninhabited and are open at any place, including doors, windows, walls, or roof.
12. 
A "condemned" structure is defined as a home, residence, shed or outbuilding on real property that is deemed unsafe pursuant to Section 505.010 of Chapter 505 of the Eldon Municipal Code of Ordinances relating to the structural safety of a structure.
13. 
An "uninhabitable" structure is that of a structure that is unsafe living conditions due to rental property for vermin, trash, filth or unsanitary living conditions, rodent, or insect infestation, not have public utilities such as water and electric services or any condition violating healthy living conditions.
[Ord. No. 39-2021, 10-26-2021]
It shall be unlawful for any person to cause, harbor, commit or maintain, or suffer to be caused, harbored, committed, or maintained, any nuisances as defined by the Statutes or common law of this State or as defined by ordinance of the City of Eldon at any place within the City of Eldon.
[Ord. No. 39-2021, 10-26-2021]
All "dangerous buildings" within the terms of Section 505.010 are hereby declared to be public nuisances and shall be repaired, vacated, and repaired or vacated and demolished as hereinbefore and hereinafter provided.
[Ord. No. 39-2021, 10-26-2021]
A. 
Upon being satisfied that a nuisance or dangerous building exists in accordance with the terms of this Article, the City Code Enforcement Officer or other authorized City employee shall enforce this Article. He/she may, however, report the existence of the nuisance or nuisances to the Chief of Police, Marshal or the Board of Aldermen for assistance and instructions if, in his/her judgment, he/she deems that assistance and instructions are necessary or advisable. The officer or employee shall cause notice, in writing, to be served upon any person causing or maintaining a nuisance to forthwith abate such nuisance or to abate such nuisance within ten (10) days after receipt of the notice, or time permitted upon agreement between the two (2) parties established in writing. It shall be the duty of the Code Enforcement Officer or other authorized City employee to prepare such notices and the duty of an authorized City Officer to serve them, and if the nuisance is not abated within the time required after the service of any such notice, any person so notified shall be guilty of an offense.
B. 
Authority To Abate Emergency Cases. In cases where it reasonably appears that there is an immediate danger to the health, safety, or welfare of the public due to the existence of a nuisance, the City shall have authority to immediately abate the nuisance in an appropriate manner as set out in Section 505.040(A)(8).
C. 
If the nuisance is not abated pursuant to the written notice, a probable cause affidavit will be prepared and reference the violation of this Chapter and sent to the Municipal Court of Eldon.
[Ord. No. 39-2021, 10-26-2021]
Subject to constitutional limitations, any authorized agent of the City shall have the right of entry for that purpose into and upon any premises in order to abate a nuisance pursuant to the provisions of this Article, and it shall be unlawful to interfere with any such authorized agents.
[Ord. No. 39-2021, 10-26-2021]
A. 
The following standards shall be followed in substance by the Codes Enforcement Officer in ordering repair, vacation, or demolition.
1. 
If the dangerous building can reasonably be repaired so that the violation will no longer exist in terms of this Chapter, it shall be ordered repaired. If the dangerous building cannot be reasonably repaired so that the violation will no longer exist in terms of this Chapter, it shall be demolished.
2. 
If the dangerous building is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants, it shall be ordered to be vacated.
3. 
In any case where a dangerous building is fifty percent (50%) damaged, decayed or deteriorated, it shall be repaired or demolished. 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 there is a violation of the terms of this Chapter or any ordinance of the City or Statute of the State of Missouri, it shall be repaired or demolished.
4. 
In all cases where the dangerous building is a fire hazard existing or erected in violation of the terms of the Code or ordinance of the City or Statute of the State, it shall be repaired or demolished.
[Ord. No. 39-2021, 10-26-2021]
A. 
The notice to abate a nuisance issued under the provisions of this Article shall contain:
1. 
An order to abate the nuisance within a stated time which shall be reasonable under the circumstances.
2. 
The location of the nuisance, if the same is stationary.
3. 
A description of what constitutes the nuisance.
4. 
A statement of acts necessary to abate the nuisance.
5. 
A statement that if the nuisance is not abated as directed and no request for hearing is made within the prescribed time, the City may abate such nuisance and assess the cost thereof against such person in conjunction with Sections 220.090 and 220.100.
6. 
A statement that the owner or owners of said property receiving the notice may request a hearing on the nuisance within the ten (10) days of receiving the notice to abate a nuisance. Such request for hearing shall be in writing and shall be served upon the City Clerk either by personal service or by U.S. Mail, certified, return receipt requested.
[Ord. No. 39-2021, 10-26-2021]
The notice to abate a nuisance shall be served as any other legal process may be served pursuant to law. Service for violation of Ch. 505 shall be by personal service, if applicable, and the owner of said property lives within a thirty-mile radius of the Eldon City limits. Attempts shall be made to serve the property owner in person. If personal service cannot be had, service may be made by publication in a newspaper of general circulation in Miller County, Missouri, pursuant to the requirements of the Missouri Rules of Civil Procedure and/or Missouri Statutes, and said notice shall also be posted upon property in a conspicuous place at the same time any initial attempts to serve the property owner or owners the notice to abate nuisance are made.
[Ord. No. 39-2021, 10-26-2021]
A. 
Upon the failure of the person upon whom notice to abate a nuisance was served pursuant to the provisions of this Article to abate the same or request a hearing within the designated period to request same, a duly designated agent or employee of the City, at its sole discretion, may proceed to abate such nuisance and if the City elects to abate, it shall prepare a statement of costs incurred in the abatement thereof. For violations of Chapter 505, the statement of cost may be made a part of restitution through the Municipal Court system; provided, however, that no structure will be demolished and removed or repaired prior to a hearing as set out in Section 505.050.
B. 
Authorized officers or employees of the City of Eldon may lawfully enter onto the premises upon which a nuisance is located to abate the nuisance only with a court order from a Court of Miller County, Missouri, ordering the abatement of the nuisance and executed by the Chief of Police/City Marshal.
[Ord. No. 39-2021, 10-26-2021]
A. 
The Codes Enforcement Officer shall:
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 and all other buildings for the purpose of determining whether any conditions exist which render such places a dangerous building within the terms of Section 505.010.
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 hereinafter provided for) by the Fire, Health or Police Departments of this City as probably existing in violation of the terms of the Chapter.
4. 
Notify, in writing, pursuant to Section 505.035, 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 the County where the land is located, of any building found by him/her to be a dangerous building within the standards set forth in Section 505.010 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 building owner, 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 where the land is located, may, at his/her own risk, repair, vacate or demolish or have such work or act done, provided, that any person notified under this Subsection to repair, vacate and repair or vacate and demolish said building shall be given such reasonable time not exceeding thirty (30) days to repair, vacate, or repair or vacate or demolish said building unless, in the judgment of the Building Commissioner, it is determined to be necessary to extend such time to do or have done the work and/or specify, in writing, any additional notice of the date to which said extension is made. All notices required under this Section will be served either by personal service or by certified mail, return receipt requested, but if service cannot be had by either of these modes of service, then service may be had by publication.
5. 
Set forth in one (1) notice provided for in Subsection (A)(4) hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building, and an order requiring the same to be put in such conditions to comply with the terms of this Chapter within the time or extension thereof provided for above in Subsection (A)(4).
6. 
Provide copies of all such notices and reports to the Building Commissioner and report to the Building Commissioner any non-compliance with the notice provided for in Subsection (A)(4) and (5) hereof.
7. 
Appear at all hearings conducted by the Building Commissioner and testify as to the condition of the dangerous building.
8. 
If the Codes Enforcement Officer completes inspections of a building and finds it to be inherently dangerous and, in his/her opinion, constitutes a nuisance per se, a notice shall be placed on such building forthwith, reading as follows:
"This building has been found to be a dangerous building by the Codes Enforcement Officer. This notice is to remain on this building until it is repaired, vacated and repaired or vacated and 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 where the land is located. It is unlawful to remove this notice until such notice is complied with."
Provided, however, 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.
9. 
It will be the duty of the Codes Enforcement officer to determine if a home within the City limits of Eldon is condemned or uninhabitable.
B. 
Codes Department.
[Ord. No. 57-2022, 9-27-2022]
1. 
The creation of the City of Eldon Codes Department is now established. The Codes Department shall encompass all Codes within Chapters 220, 400, 405, 500, 505, 510, and 520. The Codes Department will replace the Building Department within the Codes where listed.
2. 
The Codes Director duties shall include facilitating the policies and procedures for Codes; supervising the scheduling of inspections; overseeing the hiring and firing of personnel; overseeing the investigation of any complaints filed against the Department or within the Department; participating in the preparation of the fiscal budget for the Codes Department; overseeing the requisition and purchasing procedures; and coordinating Codes personnel and equipment so that the Department runs in an effective and efficient manner for the welfare of the public.
[Ord. No. 72-2023, 10-10-2023]
3. 
The Codes Director shall receive an additional salary of ten thousand dollars ($10,000.00) per year in addition to any other salaries obtained for positions held within the City.
[Ord. No. 72-2023, 10-10-2023]
[Ord. No. 39-2021, 10-26-2021]
A. 
The position of Building Commissioner is hereby created to be filled by appointment by the Board of Aldermen. The Building Commissioner shall be a registered professional engineer licensed in the State of Missouri. The Building Commissioner shall:
1. 
Supervise all inspections required by this Chapter and cause the Codes Enforcement Officer to make inspections and perform all duties required of him/her by this Chapter. Upon receiving a complaint or report from any source that a dangerous building exists in this City, he/she shall cause an inspection to be made forthwith. If he/she deems it necessary to the performance of his/her duties and responsibilities imposed herein, he/she may request an inspection and report be made to him/her by either the Fire Prevention Division of the Fire Department, the Police Department, or by any other City department or may retain services of an expert whenever he/she deems such service necessary.
2. 
Upon receipt of a report of the Codes Enforcement Officer, as provided for in Section 505.040(A)(6) hereof, give written notice to the owner, occupant, mortgagee, lessee, agent 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 where the land is located to appear before him/her on the date specified in the notice, but not less than twenty-one (21) days after the date specified in the notice, to determine whether the building or structure reported to be a dangerous building should be repaired, vacated and repaired, or vacated and demolished in accordance with the statement of particulars set forth in the Codes Enforcement Officer's notice provided for herein in Section 505.040.
3. 
After not less than twenty-one (21) days' notice, hold a full and adequate hearing and hear such testimony as the Codes Enforcement Officer or the owner, occupant, mortgagee, lessee, agent or any other person having an interest in said building as shown by the land records of the Recorder of Deeds of the county where the land is located shall offer relative to the dangerous building. Any party may be represented by counsel, and all parties shall have an opportunity to be heard and present such evidence as shall be relevant to a determination of:
a. 
Whether or not the building or structure involved is a dangerous building under the terms of this Article;
b. 
Whether or not the orders of the Code Enforcement Officer provided with the initial notice were reasonable and within the standards of this Article; and
c. 
Whether the procedures required by this Article have been substantially followed.
4. 
The Code Enforcement Officer and any other City employees with relevant information shall appear and testify as to the condition of the subject building.
5. 
All testimony shall be under oath, which may be administered by the Building Commissioner or other official qualified for the administration of oaths. A recording of the hearing shall be made by an electronic device capable of recording the hearing, or by a certified court reporter, and the Building Commissioner may cause a written record of the hearing to be made by a reporter from the recording of the hearing to be employed by the City, the cost of which shall be paid by the City should the Commissioner rule in favor of the owner, and by the owner if the Commissioner rules in favor of the City. If an electronic recording is made of the hearing, then the Building Commissioner shall maintain the recording and make it available to any party to the hearing upon request for transcription at the requesting party's expense.
6. 
After said hearing, the Building Commissioner shall make written findings of fact from the testimony offered pursuant to Subsection (A)(3) hereinabove as to whether or not the building in question is a dangerous building within the terms of Section 505.010 et seq.; and
7. 
If the evidence supports a finding based upon competent and substantial evidence that the building or structure is a dangerous building or nuisance or detrimental to the health, safety or welfare of the residents as provided in Section 505.010 et seq., and that the procedures required by the Code have been substantially followed, the Building Commissioner shall issue an order making specific findings of fact made pursuant to Subsection (A)(3) hereinabove commanding 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 where the land is located to repair, vacate and repair, or vacate and demolish any building found to be a dangerous building within the terms of this Chapter; provided that any person so notified shall have the privilege of either repairing or vacating and repairing said building at their expense 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 Recorder of Deeds in the county where the land is located may vacate and demolish said dangerous building at his/her own risk and expense to prevent the acquiring by the City of a lien against the land where the dangerous building stands as provided in Subsection (A)(8) hereof. If the evidence does not support a finding that the building or structure is a dangerous building, is a nuisance, or detrimental to the health, safety or welfare of the residents of the City, no order shall be issued. 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.
8. 
If the owner, occupant, mortgagee or lessee fails to comply with the order hereof within thirty (30) days of the date the order is issued, or within the time of any extension of the order granted by the Building Commissioner upon the written request of the party or parties against whom an order is entered, the Building Commissioner shall cause such building or structure to be secured, repaired, vacated and repaired, or vacated and demolished, as the facts may warrant under standards herein provided for in Section 505.030 of this Chapter, and the Building Commissioner shall certify the charge for such repair, vacation or demolition and its administrative cost incurred by the City in the prosecution of the proceedings and the conduct of the hearing to the Director of Finance, City Clerk or other official collecting taxes as a special assessment represented by a special tax bill against the real property affected; and said tax bill shall be lien upon said property and shall be enforced to the same extent and in the same manner as other special tax bills and shall be deemed a personal debt against the property owner(s). A taxpayer may elect to pay the special assessment in installments over a period of not more than ten (10) years, but said assessments shall bear interest per annum at the highest rate permitted by the State law until paid. The right to pay this debt in installments shall be deemed to be waived if the City reduces this debt to a judgment in a court of competent jurisdiction.
9. 
Report to the Municipal Prosecutor the names of the persons not complying with the order provided for in Subsection (A)(7) and (8) above.
10. 
The Building Commissioner shall cause repair or demolition work pursuant to Section 505.050(A)(6) to be performed within one (1) year of the Building Commissioner's order issued pursuant to Section 505.050(A)(5). If such work has not been performed within one (1) year of the Building Commissioner's order, the Building Commissioner shall call another hearing in which any interested party may submit evidence as to whether the Building Commissioner's order has been complied with and whether the conditions which cause such building or structure to be a dangerous building under this Article remain. Notice of this hearing shall be provided in the same manner set forth in Section 505.050(A)(2). Any party may be represented by counsel, and the hearing shall be on the record as provided in Section 505.050(A)(3). If the Building Commissioner determines that the Building Commissioner's order issued pursuant to Section 505.050(A)(5) has not been complied with and the conditions which cause the building or structure to be a dangerous building remain, the Building Commissioner may cause such dangerous building to be repaired or demolished and costs assessed as provided in Section 505.050(A)(6), (7) and (8).
[Ord. No. 39-2021, 10-26-2021]
The position of Assistant Building Commissioner is hereby created to be filled by appointment by the Mayor and Board of Aldermen of the City of Eldon, Missouri, said person to assume the duties of the office of Building Commissioner referred to in this Chapter upon the absence of the Building Commissioner from the City or due to his/her inability to act.
[Ord. No. 39-2021, 10-26-2021]
In cases, where the owner, occupant, lessee or mortgagee is absent from the City, all notices or orders provided for herein shall be sent by certified mail, return receipt requested, to the owner, occupant, mortgagee, lessee and all other persons having an interest in the said building as shown by the land records of the Recorder of Deeds of the county where the land is located to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the dangerous building to which it relates. Such mailing and posting shall be deemed adequate service.
[Ord. No. 39-2021, 10-26-2021]
All demolition permits shall be valid for a period of sixty (60) days from issuance unless otherwise extended.
[Ord. No. 39-2021, 10-26-2021]
If a building is not demolished within the original time period, an extension may be granted by the Building Commissioner upon a written request outlining in detail the reasons why the demolition is expected to require more than sixty (60) days. Such extension shall be issued by the Building Commissioner only for good and sufficient cause and shall specifically state the reasons the extension was granted and the facts relied upon.
[Ord. No. 39-2021, 10-26-2021]
The issuance of a demolition permit shall not stay the condemnation process for dangerous buildings as outlined in Sections 505.010 through 505.080 unless so ordered by the Building Commissioner. Such stay order shall be revoked in the event the terms of the demolition permit are not complied with by the holder of the permit, and the City shall have the right to continue the condemnation and demolition process from that point forward as if no stay had been issued.
[Ord. No. 39-2021, 10-26-2021]
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 Subsection (A)(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 Subsection (A)(6) of Section 505.050. If the City has proceeded under the provisions of Subsection (A)(6) of Section 505.050, all monies in excess of that necessary to comply with the provisions of Subsection (A)(6) of Section 505.050 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.
[Ord. No. 39-2021, 10-26-2021]
A. 
General. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Chapter or other applicable ordinances, codes, rules or regulations promulgated thereunder.
B. 
Penalty For Disregarding Notices Of Order. The owner of any dangerous building who shall fail to comply with any notice or order to repair, vacate or demolish said building given by any person authorized by Sections 505.010 to 505.080 to give such notice or order shall be guilty of a misdemeanor and upon conviction thereof shall be subject to punishment, as set forth in Section 100.130.