[Ord. No. 1195 §1, 11-16-1994]
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
the 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 Hermann, Missouri.
[Ord. No. 1195 §1, 11-16-1994]
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 their 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 have insufficient strength
to be reasonably 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 the City.
[Ord. No. 1195 §1, 11-16-1994]
All dangerous buildings, as defined by Section 525.020, are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided herein.
[Ord. No. 1195 §1, 11-16-1994]
A.
The
following standards shall be followed in substance by the Building
Inspector 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 other
provision of the Municipal Code of the City or the Statutes of the
State of Missouri, it shall be repaired or demolished.
[Ord. No. 1195 §1, 11-16-1994]
All City Police Officers and all other City employees so designated
by the Mayor shall be Building Inspectors within the meaning of this
Chapter.
[Ord. No. 1195 §1, 11-16-1994]
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 any such place
a dangerous building when he/she has reasonable grounds to believe
that any such building is dangerous.
2.
Inspect any building, wall or structure about which a complaint is
filed by any person to the effect that a building, wall or structure
is or may be existing in violation of this Chapter and about which
the Building Inspector determines there to be 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 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 Gasconade County, 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 local newspaper qualified to publish legal notices for two (2) successive weeks, of any building found by him/her to be a dangerous building within the standards set forth in Section 525.020. The notice required by this Section shall state that:
a.
The owner must vacate, vacate and repair, or vacate and demolish
said building and clean up the lot or property on which the building
is located 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 terms of the notice as a condition of remaining
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
Gasconade County, may, at his/her or their own risk, repair, vacate,
or demolish the building and clean up the property or have such work
done; and
d.
Any person notified under this Subsection to repair, vacate or demolish
any building or clean up the property shall be given a reasonable
time not exceeding thirty (30) days to commence the required work.
5.
State in the notice provided for in this Section a description of
the building or structure deemed dangerous, 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 preceding Subsection.
6.
Report in writing to the Board of Aldermen the noncompliance with
any notice to vacate, repair, demolish, or clean up the property,
or the failure to proceed continuously with the work without unnecessary
delay.
7.
Appear at all hearings conducted by the Building Commissioner and
testify as to the condition of dangerous buildings.
8.
Immediately report to the Building Commissioner concerning any building
found by him/her to be inherently dangerous and that he/she 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:
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This building has been found by the Building Inspector to be
a dangerous building. This notice is to remain on this building and/or
property until it is repaired, vacated or demolished and the property
is cleaned up in accordance with the notice that has been given the
owner, occupant, lessee, or mortgagee of this building, or any agent
of any such party, and all other persons having an interest in said
building as shown by the land records of the Recorder of Deeds of
Gasconade 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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[Ord. No. 1195 §1, 11-16-1994]
The City Administrator shall act as Building Commissioner under
this Chapter.
[Ord. No. 1195 §1, 11-16-1994]
A.
The
Building Commissioner shall have the power pursuant to this Chapter
to:
1.
Supervise all inspections required by this Chapter and cause the
Building Inspector to make inspections and perform all the duties
required of him/her by this Chapter. 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/her duties and responsibilities imposed herein, the Building
Commissioner may request an inspection and report be made by any other
City department or retain the 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 having
in interest in said building to commence work of repair or demolition
within the time specified by this Chapter, or upon the failure of
any such person to proceed continuously with such work without unnecessary
delay, the Building Commissioner shall hold a hearing, first giving
the affected parties full and adequate notice, on the matter.
a.
Written notice shall be given at least ten (10) days in advance of
the 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 Gasconade County,
either by personal service or by certified mail, return receipt requested,
or by publication for two (2) successive weeks in a newspaper published
in the City and qualified to publish legal notices, 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.
B.
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 to repair, vacate
or demolish any building found to be a dangerous building and to clean
up the property; provided that any person so notified shall have the
privilege of either (1) repairing or vacating and repairing said building,
if such repair will comply with this Chapter, or (2) vacating and
demolishing said dangerous building at his/her own risk to prevent
the acquiring by the City of a 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.
C.
If the owner, occupant, mortgagee, lessee, agent or other designated person 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 and the property cleaned up 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 and clean-up 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 unless the building or structure is demolished 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 dangerous building is located. The contractor may enforce such latter lien as provided in Sections 429.010 to 429.360, RSMo. Except as provided in Subsection (F) 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; and said assessment shall bear interest at a rate not to exceed the rate on ten-year United States treasury notes as established at the most recent auction, payable annually, until paid in full; all as provided generally in Section 88.816, RSMo.
D.
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 if issued by the Building Commissioner as provided in Subsection (C) 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 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 twenty-five percent (25%) of the insurance proceeds, as set forth in paragraphs (1) and (2) 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:
1.
The insurer shall withhold from the covered claim payment twenty-five
percent (25%) of the covered claim payment and shall pay such moneys
to the City Clerk 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 Clerk shall release the proceeds and any interest that has accrued on such proceeds received under paragraph (1) of this Subsection to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after the receipt of such insurance moneys, unless the City has exercised its rights under the provisions of Subsection (E) of this Section. If the City has proceeded under the provisions of Subsection (C) of this Section, all moneys in excess of that necessary to comply with the provisions of Subsection (C) of this Section for the repair or demolition and clean-up of the building or structure and the lot on which it is located shall be paid to the insured.
E.
If there are no proceeds of any insurance policy as set forth in Subsection (D) 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 until paid in full.
F.
Subsection (D) 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.
G.
The Building Commissioner may certify in lieu of payment of all or part of the covered claim under Subsection (D) that is 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 within thirty (30) days after receipt of proof issue a certificate to permit covered claim payment to the insured without the deduction pursuant to Subsection (D) 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.
[Ord. No. 1195 §1, 11-16-1994]
Any owner, occupant, lessee, mortgagee, agent or any other person
having an interest in a dangerous building as shown by the land records
of the Recorder of Deeds of Gasconade County may, within thirty (30)
days from the receipt of the order of the Building Commissioner, appeal
such decision to the Circuit Court of Gasconade County, pursuant to
the procedure established in Chapter 536, RSMo.
[Ord. No. 1195 §1, 11-16-1994]
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 and the property cleaned up, 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 and the clean-up of the property. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in Section 525.080(C).
[Ord. No. 1195 §1, 11-16-1994]
A.
The
owner, occupant or lessee in possession of any dangerous building
who shall fail to comply with the order to repair, vacate or demolish
said building given by the Building Commissioner shall be guilty of
a misdemeanor.
B.
Any
person who, without lawful authority, removes any notice provided
for in this Chapter shall be guilty of a misdemeanor.
C.
Each
day that a person fails to comply with an order of the Building Commissioner
shall be deemed a separate offense.
