[CC 1996 §505.010; CC 1981 §502.010]
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 Breckenridge Hills, Missouri.
[CC 1996 §505.020; CC 1981 §502.020; Ord. No. 912 §1, 10-17-1994]
A. All
buildings or structures 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 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 this City.
10. Any room, building, structure or inhabitable structure as defined
in Section 569.010, RSMo., which is used for the illegal use, keeping
or selling of controlled substances, imitation controlled substances
or controlled substance analogues as defined in Chapter 195, RSMo.
11. Any violation of provisions of the Housing Code applying to the maintenance
of the building or dwelling unit which if not promptly corrected will
constitute a fire hazard or a substantial threat to the life, health
or safety of occupants thereof or to the public.
[CC 1996 §505.030]
All dangerous buildings or structures, as defined by Section
505.020 of this Chapter, are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided herein.
[CC 1996 §505.040; CC 1981 §502.100]
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 can reasonably 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.
[Ord. No. 1204 §1, 3-24-2014]
The offices of Building Inspector and Building Commissioner, pursuant to Sections
505.050 and
505.060, respectively, of the City of Breckenridge Hills Municipal Code, shall hereby be combined, and the same individual shall serve as both Building Inspector and Commissioner. The Building Inspector/Commissioner shall be appointed by the Mayor with the consent and approval of the City Council. He/she shall serve for a period of one (1) year or until his/her successor shall be named and qualified.
[CC 1996 §505.070; CC 1981 §502.130]
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 St. Louis County may appeal such decision to the Circuit Court of St. Louis County as provided for in Sections 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 Section
505.060 hereof. Otherwise, the appeal shall be made pursuant to the procedures provided for in Section 536.150, RSMo.
[CC 1996 §505.080]
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 is 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. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in Section
505.060, Subsection (5) et seq.
[CC 1996 §505.090]
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 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 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.