[Ord. No. 2809 §3, 7-21-2015[1]]
It is the purpose of this Chapter to provide a just, equitable
and practical 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 are now in existence or that may hereafter
exist in the City of Saint Robert, Missouri.
[Ord. No. 2809 §3, 7-21-2015]
A.
All buildings or structures which have any or all of the following
defects shall be deemed dangerous buildings:
1.
Those which interior walls or other vertical structure members
list, lien or buckle to such an extent that a plumb line passed 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 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, morals or the general
health and welfare of the occupants or the people of the City of Saint
Robert, Missouri.
5.
Those which have become, or are so dilapidated, decayed, unsafe,
insanitary or which so utterly failed to provide the amenities essential
to decent living that they are unfit for human habitation or likely
to cause sickness or disease, so as to work injury to the health,
morals, safety or general 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 occupy such building.
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 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, insanitary
or dangerous to the health, morals, safety or general welfare of the
people of the City.
10.
Those buildings existing in violation of any provision of the
Building Code of the City or any provision of the Fire Prevention
Code or other ordinances of the City.
[Ord. No. 2809 §3, 7-21-2015]
All dangerous buildings or structures as defined by 515.020
of this Chapter are hereby declared to be public nuisances, and shall
be repaired, vacated, or demolished as provided herein.
[Ord. No. 2809 §3, 7-21-2015]
A.
The following standard shall be followed in substance by the Building
Inspector and the Building Official and ordering repair, vacation
or demolition:
1.
If the dangerous building can be reasonably repaired so that
it will no longer 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, 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 from its original value or structure,
it shall be demolished.
4.
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.
5.
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 the City, or statute of the State of Missouri, it shall be demolished.
[Ord. No. 2809 §3, 7-21-2015]
A.
The Building Inspector shall have the authority to do the following:
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 which render such places
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 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 the owner or occupant lessee, mortgagee agent, and all other persons having an interest in the building or structure, as shown by the land records of the Recorder of Deeds of Pulaski County of any building or structure found by him/her to be a dangerous building or structure within the standard set forth in Chapter 515. Such notice shall be in writing and shall be given 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) consecutive weeks.
The notice shall state that:
a.
The owner must vacate, or repair, or 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 may 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 Pulaski County, Missouri, may, at his own risk, repair, vacate
or demolish said building or have such work or act done.
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Provided, that any person notified under this Subsection to
repair, vacate or demolish any building shall be given reasonable
time not exceeding thirty (30) days to commence the required work.
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5.
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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 which make the building or structure a dangerous building,
a statement indicating that as a dangerous building, said building
or structure constitutes a nuisance, and an order requiring the designated
work to be commenced within the time provided for in the above Subsection.
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6.
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Report, in writing, to the City Building Official the non-compliance
with any notice to vacate, repair, demolish, clean up the property
or upon the failure to proceed continuously with the work without
unnecessary delay.
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7.
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Appear at all hearings conducted by the Building Official and
testify as to the condition of dangerous buildings.
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8.
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Immediately report to the Building Official concerning any building
found by him/her to be inherently dangerous and that he/she determined
to be a nuisance per se. The Building Official 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 to be a dangerous building by
the Building Inspector. This notice is to remain on this building
until it is repaired, vacated, or demolished and the property is cleaned
up in accordance with the notice that has been given the owner or
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 Pulaski County. It is unlawful to remove
this notice until such notice is complied with."
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Provided, however, that by order of the Building Official 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. 2809 §3, 7-21-2015]
The Building Official shall act as Building Commissioner under
this Chapter.
[Ord. No. 2809 §3, 7-21-2015]
A.
The Building Commissioner shall have the powers and duties 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 her/her duties and responsibilities imposed herein, the Building
Commissioner may request an inspection 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 of the Building Inspector indicating
failure by the owner, occupant, mortgagee, lessee, agent, or other
persons having an interest in said building to commence work of reconditioning,
or demolition within the time period specified by this Chapter or
upon failure to proceed continuously with work without unnecessary
delay, holding a hearing giving the affected parties full and adequate
hearing on the matter.
3.
Give written notice of said hearing, either by personal service
or by certified mail, return receipt requested, or if service cannot
be had by either of those modes of service, then by publication in
a newspaper qualified to publish legal notices, 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 Pulaski County,
who may 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. Any party may be represented
by counsel and all parties shall have an opportunity to be heard.
4.
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 Section 515.020 of this Chapter.
5.
If the evidence supports a finding based upon competent and
substantial evidence that the building or structure is a dangerous
building and a nuisance and detrimental to the health, safety or welfare
of the residents of the City, the Building Commissioner shall issue
an order based upon its findings of fact, commanding the owner, occupant,
mortgagee, lessee, agent or any other person(s) having an interest
in said building as shown by the land records of the recorder of deeds
of Pulaski County, Missouri, 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 repairing
or vacating and repairing such building, if such repair will comply
with the ordinances of the City, or may vacate and demolish said dangerous
building at his/her own risk to prevent the acquiring by the City
of the lien against the land where a dangerous building stands. If
the evidence does not support a finding that a building or structure
is a dangerous building or a nuisance or detrimental to the health,
safety or welfare of the residents of the City, no order shall be
issued.
6.
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 and the property cleaned up as the facts may warrant. If the Building Commissioner or other designated officer or officers issues an order whereby the building or structure is demolished, secured or repaired, or the property is cleaned up, the cost of performance shall be certified to the City Clerk or officer in charge of finance, who shall cause a special tax bill or assessment therefor against the property to be prepared and collected by the City Collector or other official collecting taxes, unless the building or structure is demolished, secured 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 a dangerous building is located. The contractor may enforce this lien as provided in Sections 429.010 to 420.630, RSMo. Except as provided in Section 515.120, 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 deemed a personal debt against the property owner and shall also be a lien on the property until paid. Said tax bill or assessment shall bear an interest rate of eight percent (8%) per annum until paid.
[Ord. No. 2809 §3, 7-21-2015]
The notices provided for in this Chapter may be served by personal
service upon the owner, occupant, lessee, mortgagee, agent, and all
other persons having an interest in the dangerous building as shown
by the land records of the Recorder of Deeds of Pulaski County, Missouri.
The notices may also be served upon such persons by certified mail,
return receipt requested, directed to the last known address of each
individual to be served. Provided that if service in said notices
cannot be had by either personal service or certified mail, then service
may be made by publication of such notices in an official newspaper
of general circulation in the City of St. Robert, Missouri, once a
week for four (4) consecutive weeks, the first publication to be at
least twenty-four (24) days before the date of action which is the
subject matter of such notice.
[Ord. No. 2809 §3, 7-21-2015]
No officer, agent or employee of the City of St. Robert, Missouri,
shall render himself/herself personally liable for any damage that
may accrue to persons or property as a result of any act required
or permitted in the discharge of his/her duties under this Chapter.
Any suit brought against any officer, agent or employee of the City
of Saint Robert, Missouri, as a result of any act required or permitted
in the discharge of his duties under this Chapter shall be defended
by the City of Saint Robert, Missouri, until the final determination
of the proceedings therein.
[Ord. No. 2809 §3, 7-21-2015]
The Chief of the Fire Department shall make or cause to be made
a report, in writing, to the Building Inspector of all buildings or
structures which are or may be or are suspected to be dangerous buildings
within the terms of this Chapter. Such reports must be delivered to
the Building Inspector within twenty-four (24) hours of the discovery
of such buildings by any employee of the Fire Department.
[Ord. No. 2809 §3, 7-21-2015]
A.
There is hereby created a Board of Appeals of determination of dangerous
buildings.
1.
The Board of Appeals shall consist of five (5) members to be
appointed by the City Council. The Board of Appeals shall consist
of members who are qualified by experience or training to pass on
matters pertaining to property maintenance and who are not employees
of the City. The Building Commissioner shall be an ex-officio member,
but shall have no vote on any matter before the board. The terms of
the members shall be of such length and so arranged that the term
of one (1) member shall expire each year. Each member shall serve
until his successor is appointed and qualified. A member shall be
subject to removal by the City Council for non-performance of duty
conduct, misconduct in office, or other serious cause upon which a
charge is filed with the City Council and after a hearing has been
held regarding such charges. A copy of such written charges must be
served on such board member at least ten (10) days prior to the hearing,
either personally or by certified mail, or by leaving the same at
his/her usual place of residence. The member shall be given opportunity
to be heard and answer such charges. Vacancies shall be filled by
the City Council and shall be for the unexpired term of the position
vacated.
2.
The Board of Appeals shall appoint a Chairman and a Secretary.
The Secretary need not be a member of the Board. In the absence of
the Chairman, the Board shall appoint an acting Chairman.
3.
Meetings of the Board of Appeals shall be held at the call of
the Chairman, acting Chairman, or as determined by a majority of the
Board. The Chairman or in his absence the acting Chairman shall have
the power to administer oaths, compel attendance of witnesses and
require production of records and documents. All meetings of the Board
shall be open to the public, and all business of the Board shall be
conducted at such meeting. The board shall keep minutes of its proceedings,
hearing, or other official actions which shall include the vote or
failure to vote of the members present, which minutes shall be promptly
filed in the office of the Clerk of the City of St. Robert, Missouri,
as a public record.
4.
The Board of Appeals shall have the right to have a closed meeting
after a hearing of any appeal, for the purpose of deliberation among
its members and before rendering its decisions, which, together with
the record of each member's vote or abstinence, if not voting
shall be open to the public. For purposes of this Chapter, the appeal
hearing and determination by the Board of Appeals shall be deemed
a meeting pertaining to a legal action as provided in Section 610.025.2
of the Revised Statutes of Missouri and the term "closed meeting"
shall mean a meeting closed to the public, the parties and attorneys
to the appeal.
5.
Appeals to the Board may be taken by any person aggrieved by
a decision, determination, order or requirement of the Building Commissioner.
Such appeal must be taken within thirty (30) days from the action
appealed from. A notice of appeal must be filed within the 30-day
period, with the Board of Appeals, with a copy delivered to the Building
Commissioner and such notice shall specify the action appealed, and
the grounds thereof. The Building Commissioner shall forthwith transmit
to the Board of Appeals all papers constituting the record upon which
the action or decision appealed from is based. An appeal stays all
proceedings in furtherance from the action appealed from. The Board
of Appeals shall fix a reasonable time for the hearing of the appeal,
not less than ten (10) nor more than thirty (30) days from the filing
of the notice of appeal. Notice of the date, time and place of the
hearing shall be given to the Building Commissioner and the aggrieved
person, not less than ten (10) days before such hearing. The time
of the hearing may be continued by the board for good cause or upon
the agreement of the Building Commissioner and the aggrieved person.
The Board of Appeals shall render its decision within a reasonable
time after the appeal has been submitted and concluded. The Board
may make rulings regarding and limiting the production of evidence
on such appeals.
6.
Notice of the decision of the Board of Appeals may be given
by ordinary mail or served in person to the Building Commissioner
and the aggrieved person or to the attorney of record of the aggrieved
person.
7.
Appeal from decision of the Board of Appeals may be taken to
the Circuit Court of appropriate jurisdiction as provided by chapter
536 of the Revised Statutes of Missouri.
[Ord. No. 2826 §2, 9-1-2015]
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 (1) of this Subsection (A) 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 Chapter 515, Section 515.110, Board of Appeals, Subsection (A)(5). If this City has proceeded under the provisions of Chapter 515, Section 515.110, Board of Appeals, Subsection (A)(5), all moneys in excess of that necessary to comply with the provisions of Chapter 515, Section 515.110, Board of Appeals, Subsection (A)(5), 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 Code Board Of Appeals 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 insurer has removed or will remove the debris and repair, rebuild, or otherwise make the premises safe and secure. In this event, the Building Code Board of Appeals 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. 2826 §2, 9-1-2015]
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 Pulaski County may appeal such decision to the Circuit Court of Pulaski County, as provided in Section 536.100 to 536.140, RSMo., if a proper record as defined in Section 536.130 RSMo., is maintained of the hearing provided for in Chapter 515, Section 515.110, Board of Appeals, Subsection (A)(5), hereof. Otherwise, the appeal shall be made pursuant to the procedures provided for in Section 536.150 RSMo.
[Ord. No. 2826 §2, 9-1-2015]
In cases where it reasonably appears that there is immediate danger to the health, life, safety or welfare of any person unless a dangerous building, as defined herein, is immediately repaired, vacated or demolished and the property is cleaned up, the Building Inspector shall report such facts to the Building Code Board of Appeals and the Building Code Board of Appeals 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 Chapter 515, Section 515.110, Board of Appeals, Subsection (A)(5), and Section 515.120, Insurance.
[Ord. No. 2826 §2, 9-1-2015]
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 Code Board of Appeals
or who shall fail to proceed continuously without unnecessary delay;
and any person removing any notices provided for in this Chapter;
and any person violating any other provisions of this Chapter shall
be guilty of an ordinance violation 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 Code Board
of Appeals may be deemed a separate offense.
