[R.O. 1993 § 510.010; Ord. No.
2008-2804 §§ 1 — 2, 9-9-2008]
These regulations shall be known as the "Dangerous and Unsafe
Structure Ordinance" of the City.
[R.O. 1993 § 510.015; Ord. No.
2008-2804 §§ 1 — 2, 9-9-2008]
The terms "Building Inspector," "Building Official," "City Engineer"
and "Zoning Inspector" shall mean such person or persons as may from
time to time be designated by the City Manager to perform the duties
and functions outlined in this Chapter.
[R.O. 1993 § 510.020; Ord. No.
2008-2804 §§ 1 — 2, 9-9-2008]
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 which may endanger the life, limb, health,
property, safety or welfare of the occupants of such buildings or
the general public, and this Chapter shall apply to all dangerous
structures, as herein defined, which are now in existence or which
may hereafter exist in the City.
[R.O. 1993 § 510.030; Ord. No.
2008-2804 §§ 1 — 2, 9-9-2008]
An "unsafe structure" is one that is found to be dangerous to
the life, health, property or safety of the public or the occupants
of the structure by not providing minimum safeguards to protect or
warn occupants in the event of fire, or because such structure contains
unsafe equipment or is so damaged, decayed, dilapidated, structurally
unsafe or is of such faulty construction or unstable foundation that
partial or complete collapse is possible.
[R.O. 1993 § 510.040; Ord. No.
2008-2804 §§ 1 — 2, 9-9-2008]
[R.O. 1993 § 510.050; Ord. No.
2008-2804 §§ 1 — 2, 9-9-2008]
A.
The standards used to determine the safe and healthy condition of
structures within the City shall be as outlined in applicable Sections
of the Municipal Code of the City of Aurora and all other codes relating
to structures within the City of Aurora as adopted by the City Council.
Based on the findings of the Building Official and/or the Building
Board of Appeals:
1.
If the dangerous and unsafe structure can reasonably be repaired
so that it will no longer exist in violation of this Chapter, it shall
be ordered repaired.
2.
If the dangerous and unsafe structure 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 dangerous and unsafe structure cannot be
repaired so that it will no longer exist in violation of this Chapter,
it shall be demolished.
4.
In all cases where a dangerous and unsafe structure is a fire
hazard existing or erected in violation of this Chapter or any ordinance
of this City or Statute of this State, it shall be repaired or demolished.
[R.O. 1993 § 510.060; Ord. No.
2008-2804 §§ 1 — 2, 9-9-2008]
A.
The Building Official shall have the duty under this Chapter to:
1.
Inspect or cause to be inspected, as often as may be necessary,
all structures within the City (residential, institutional, assembly,
commercial, industrial, garage, special or miscellaneous occupancy,
walls, etc.) for the purpose of determining whether any conditions
exist which render such structures as a dangerous and unsafe structure
when he/she has reasonable grounds to believe that any such structure
is dangerous and unsafe.
2.
Inspect or cause to be inspected any structure within the City [refer to Subsection A(1)] upon receipt of a complaint from any source that such structure is or may be existing in violation of this Chapter and shall determine if there are reasonable grounds to believe that such structure is dangerous and unsafe.
3.
Subsequent to inspecting or causing the inspection of a structure,
determine if the structure is or is not existing in violation of this
Chapter. If the structure is found to be in violation of this Chapter
the Building Official shall declare the structure dangerous and unsafe
and a public nuisance.
4.
Place a placard or written notice on the structure found by
the Building Official to be dangerous and unsafe and a public nuisance.
The placard or notice reading substantially as follows:
"This structure has been found to be a dangerous and unsafe
structure by the Building Official. This notice is to remain on this
structure until it is repaired, vacated or demolished in accordance
with the notice which has been given the owner, occupant, lessee,
mortgagee or agent of the structure, and all other persons having
an interest in said structure, as shown by the land records of the
Recorder of Deeds of Lawrence County. It is unlawful to remove this
placard until such notice of repair, vacation or demolition is complied
with."
5.
Upon determining the structure is dangerous and unsafe and a public nuisance as defined by Sections 510.040 and 510.050, prepare a written notice ordering the structure repaired, vacated or demolished as the circumstances require.
a.
The notice shall include:
(1)
A description of the property so as to separate it from all
other properties.
(2)
A description of the condition resulting in the existing violation.
(3)
A declaration that the structure is dangerous and unsafe and
as such a public nuisance.
(4)
A statement ordering the repair, vacation or demolishing of
the structure or combination thereof.
(5)
The date by which such order is to take effect and the amount
of time for compliance.
(6)
An explanation of actions that will be taken if there is non-compliance
of the order or if there is failure to proceed continuously with the
work without unnecessary delay.
b.
Such written notice shall be served upon the owner, occupant,
lessee, mortgagee, agent and all other persons having an interest
in the structure as shown by the land records of the Recorder of Deeds
of County wherein the structure is located as parties. The written
notice shall 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 can be made by publication.
6.
In instances of non-compliance, prepare and schedule a hearing
before the Building Board of Appeals.
7.
Appear at all hearings conducted by the Building Board of Appeals
and testify as to the condition of the declared dangerous and unsafe
structures.
[R.O. 1993 § 510.070; Ord. No.
2008-2804 §§ 1 — 2, 9-9-2008]
A.
Upon failure to commence work or failure to proceed continuously
with the work without unnecessary delay or vacation as ordered:
1.
The Building Official shall schedule a hearing before the Building
Board of Appeals giving all concerned parties at least ten (10) days'
written notice of the hearing.
2.
The Building Board of Appeals shall conduct a full and adequate
hearing upon the matter.
3.
Any party may be represented by counsel, and all parties shall
have an opportunity to be heard.
4.
After the hearing, if the evidence supports a finding that the
structure is a nuisance and dangerous and unsafe, detrimental to the
health, safety or welfare of the residents of the City as a public
nuisance, the Board of Appeals shall issue an order making specific
findings of fact, based upon competent and substantial evidence, which
shows the structure to be a nuisance and dangerous and unsafe and
detrimental to the health, safety or welfare of the residents of the
City as a public nuisance and ordering the structure to be demolished
and removed or repaired.
5.
If the evidence does not support a finding that the structure
is a public nuisance and dangerous and unsafe and detrimental to the
health, safety or welfare of the residents of the City as a public
nuisance, no such order is to be issued.
[R.O. 1993 § 510.080; Ord. No.
2008-2804 §§ 1 — 2, 9-9-2008]
Any owner, occupant, lessee, mortgagee, agent or any other person
having an interest in a dangerous and unsafe structure and declared
a public nuisance by the Building Board of Appeals as shown by the
land records of the Recorder of Deeds of Lawrence County may, within
thirty (30) days after the mailing or delivery of the notice of the
Board's final decision, file a petition of appeal in the Lawrence
County Circuit Court pursuant to the procedures established in Chapter
536, RSMo.
[R.O. 1993 § 510.090; Ord. No.
2008-2804 §§ 1 — 2, 9-9-2008; Ord. No. 2022-3246, 5-10-2022]
A.
In
cases where it reasonably appears that there is an immediate danger
to health, safety or welfare of any person, the Building Official
or designated officer or officers may take emergency measures to vacate,
board up, repair or demolish a dangerous building or structure forthwith.
B.
Upon designation by the Building Official that an emergency exists requiring a building to be boarded up, vacated, repaired or demolished, a hearing shall be scheduled with the Building Board of Appeals within sixty (60) days, ensuring notifications to interested parties as set forth in Section 510.070(A)(5) to determine the appropriateness of the emergency classification.
[R.O. 1993 § 510.095; Ord. No.
2008-2804 §§ 1 — 2, 9-9-2008]
If the owner, occupant, mortgagee or lessee fails to comply
with the Building Board of Appeals order within thirty (30) days;
or if appealed to the Circuit Court and the order is upheld and not
complied with within thirty (30) days, the Building Official is authorized
to cause the order to be carried out at the expense of the City. The
Building Official shall certify the charge 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. At the request
of the taxpayer, the special tax may be paid in installments over
a period of not more than ten (10) years at an interest rate of eight
percent (8%) per annum until paid. The special 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.
[R.O. 1993 § 510.100; Ord. No.
2008-2804 §§ 1 — 2, 9-9-2008]
A.
If there are proceeds of any insurance policy based on a covered
claim payment for damage or loss to a building or other structure
arising out of or caused by fire, explosion or other casualty loss,
and said covered claim payment exceeds fifty percent (50%) of the
face value of the policy covering said building or other structure,
then the insurer shall pay to the City of Aurora a sum equal to twenty-five
percent (25%) of the covered claim within thirty (30) days of the
determination of coverage to be held by the City in an interest-bearing
account. Said proceeds shall be used to reimburse the City for its
costs in the removal of said building or other structure on the premises.
B.
The City shall release the proceeds paid to it pursuant to Subsection (A) of this Section to the insured or in accordance with the provisions of the insurance policy and endorsements thereto as directed by the insurer unless, within thirty (30) days after receipt of said insurance proceeds, the designated official of the City has commenced an action under Section 510.010 et seq., for the building or other structure to be repaired, secured or demolished.
C.
The City shall apply the insurance proceeds first to the cost of the removal of any building or other structure on the premises found to be a nuisance as defined in Section 510.050, less any salvage value, prior to the expenditure of any City funds. Should any balance of any proceeds remain in the interest-bearing account after the expense of removal of said building or structure has been paid, said balance shall be paid over to the insured.
D.
Nothing in this Section shall be construed to affect the priority
of a named mortgagee on the insurance policy to the proceeds of said
policy.
E.
It shall be unlawful for an insurance carrier to fail to pay insurance
proceeds to the City after being notified pursuant to this Section.
F.
Any person violating provisions of this Section shall be fined not
less than one hundred dollars ($100.00) but not more than five hundred
dollars ($500.00) or by imprisonment for a period not exceeding three
(3) months, or by both such fine and imprisonment.
[R.O. 1993 § 510.110; Ord. No.
2008-2804 §§ 1 — 2, 9-9-2008]
This Chapter is enacted pursuant to authority granted in Section
67.400 et seq., RSMo.
[R.O. 1993 § 510.120; Ord. No.
2008-2804 §§ 1 — 2, 9-9-2008]
Conflicts with Sections of this Chapter and other Chapters or Sections of the Municipal Code or any other code adopted by the City Council shall be resolved in favor of Chapter 510. Nothing in this Chapter is intended to be in conflict with relevant Chapters or Sections of the Revised Statutes of Missouri.
