[Ord. No. 1274 §1, 12-3-1990]
A.
The following
conditions have been determined to be detrimental to the health, safety,
and welfare of the residents of the City of Plattsburg, and therefore
constitute a nuisance:
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 of any such wall or vertical structural member 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, roofs, or
other horizontal structural members, or in which the same are overloaded,
or which have insufficient strength or deflections to be reasonably
safe for the purpose used or intended to be 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.
5.
Those
which are uninhabited and are open at door, window, wall or roof.
6.
Those
containing therein substantial accumulations of trash, garbage or
other materials susceptible to fire, or constituting or proving a
harboring place for vermin or other obnoxious animals or insects or
in any way threatening the health of the occupants thereof or the
health of persons in the vicinity thereof.
7.
Those
having inadequate facilities for egress in case of fire or panic.
8.
Those
which have parts thereof which are so attached or deteriorated that
they may fall upon public ways or upon the property of others or may
injure members of the public or the occupants thereof.
9.
Those
buildings built in violation of any safety provision of the Building
Code, Electrical Code, Plumbing Code, or the Fire Prevention Code
of the City or used in violation thereof.
[Ord. No. 1274 §2, 12-3-1990]
A.
The following
Standards shall be followed in substance by the Building Regulations
Supervisor and the Director of Planning and Code Enforcement in ordering
repairs, vacation or demolition:
1.
If the
dangerous building can reasonably be repaired or maintained so that
it will no longer exist in violation of the terms of this Chapter,
it shall be ordered so repaired or maintained.
2.
If the
dangerous building is in such condition as to make it dangerous to
the health, safety, or welfare of its occupants, it shall be ordered
to be vacated pending abatement of the nuisance.
3.
In any
case where the dangerous building cannot be reasonably repaired or
maintained so that the building or structure will no longer exist
in violation of the terms of this Chapter, the building or structure
shall be ordered demolished.
4.
In any
case where the conditions constituting the public nuisance are such
that the costs to repair or maintain the building or structure so
that it will no longer constitute a public nuisance equal or exceed
fifty percent (50%) of the value of the building or structure, it
shall be ordered repaired or demolished by the owner, and upon failure
to so repair or demolish as provided in this Chapter, then the City
shall abate the nuisance by demolition.
5.
Any building or structure constituting a public nuisance because of the conditions described in Subparagraph (6) of Section 505.010 of this Chapter shall be ordered to be completed in accordance with lawful plans and specifications, and if it shall not be so completed or demolished by the owner, then the City shall abate the nuisance by demolition.
[Ord. No. 1274 §3, 12-3-1990]
A.
The Building
Regulations Supervisor shall:
1.
Inspect or cause to be inspected annually all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial, manufacturing, or loft buildings for the purpose of determining whether any conditions exist as set forth in Section 505.010 of this Chapter.
2.
Inspect any building or structure about which complaints are filed by any person alleging that the building or structure contains any of the conditions described in Section 505.010 of this Chapter.
3.
Inspect any building or structure reported by the Fire or Police Departments of this City when that Department has reason to believe that the building or structure has any of the conditions set forth in Section 505.010 of this Chapter.
4.
Inspect any building or structure of the City at any time whenever there is reason to believe that the building or structure has a condition described in Section 505.010 of this Chapter.
5.
Determine in any case where inspection shows that a building or structure has any of the conditions referred to in Section 505.010 of this Chapter, whether or not it reasonably appears there is immediate danger to the health, safety or welfare of any person because of such condition, and if it does so reasonably appear, to immediately notify the Director of Planning and Code Enforcement thereof. Should the Director of Planning and Code Enforcement concur in the finding of the Building Regulations Supervisor that there is immediate danger as aforesaid, the Building Regulations Supervisor shall immediately post upon the building or structure a notice reading as follows:
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"This building has been found to a be public nuisance by the
Director of Planning and Code Enforcement of the City of Plattsburg.
It also reasonably appears that this building or structure is an immediate
danger to the health, safety or welfare of persons thereabout or therein.
This notice is to remain on this building or structure until it is
brought into compliance with the ordinances of the City of Plattsburg,
Missouri. It is unlawful to remove this notice until such compliance
has occurred."
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Nothing contained in this Subsection shall be construed to deprive
any person entitled thereto by this Section of the notice and hearings
prescribed herein.
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[Ord. No. 1274 §4, 12-3-1990]
Whenever the Building Regulations Supervisor has determined that any building or structure is a public nuisance under the provisions of this Chapter, he shall notify in writing, either by personal service or by certified mail, return receipt requested, or, if service cannot be had by either of these modes, by publication in a newspaper qualified to publish legal notices for two (2) successive weeks, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in such building or structure, as shown by the land records of the Recorder of Deeds of Clinton County, that such building or structure has been found to be a public nuisance under the provisions of this Chapter. The notice shall set forth a description of the conditions found in the building or structure so as to constitute the building or structure as a public nuisance under Section 505.010 of this Chapter. The notice shall also provide for abatement of the nuisance by ordering the building or structure to be vacated, if such be the case, re-conditioned, or removed, giving a reasonable time for commencement of the work, and requiring the work to proceed continuously without unnecessary delay.
[Ord. No. 1274 §5, 12-3-1990]
Whenever under this Chapter a notice is required to be served
upon the persons interested in any building or structure, the notice
shall be served upon the owner, 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 for Clinton
County, and shall be signed by the person who has the responsibility
to issue the notice. The notice shall be served, if the party or parties
to be served reside in the City, by handing the notice to the person
to be served by anyone competent to be a witness or by leaving the
notice at the usual place of abode of the one to be served with a
member of the household over the age of fifteen (15) years. If the
person to be served shall not reside in the City or shall have absented
himself from the City or concealed himself so that personal service
may not be made as herein provided for and if his address shall be
known, then service shall be made by posting a copy of such notice
in a conspicuous place on the building or structure to which it relates
and by certified mail, return receipt requested; but if his address
shall not be known, the service of notice shall be by posting and
by publication. The publication shall contain the full text of the
notice and shall be published at least once a week for three (3) consecutive
weeks on the same day of the week in some newspaper of general circulation
published in the appropriate County, and shall contain the time specified
in the notice for a hearing to be held, or for the commencement of
work for any other thing to be done which shall be at least thirty
(30) days from the date of the first publication of notice.
[Ord. No. 1274 §6, 12-3-1990]
A.
Whenever there shall be a failure to obey a notice to abate a public nuisance issued, as provided in Section 505.040, by not commencing work in the time specified in said notice, or there shall be a failure to proceed continuously with the work required therein without unnecessary delay, the Director of Planning and Code Enforcement shall call and have a full and adequate hearing upon the matter giving all affected parties at least twenty-one (21) days written notice of the hearing. 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:
1.
Whether
or not the building or structure involved is a public nuisance under
the terms of this Chapter;
2.
Whether
the procedure required by this Chapter shall have been substantially
followed; and
3.
Whether
or not the abatement order of the Building Regulations Supervisor
was reasonable and within the standards of this Chapter.
B.
All testimony
shall be under oath, which may be administered by the Director of
Planning and Code Enforcement, and a written record of the hearing
shall be made by a reporter to be employed by the City, the cost of
which shall be paid by the City should the proceeding be eventually
held against the City and by the owner if it should not. In the latter
case the cost of such reporting shall be a lien upon the lot, tract,
or parcel of land upon which the building or structure stands, and
shall be added to the cost of performance for demolition or repair
in the event the City shall be required to do so, and payable as provided
for such costs.
[Ord. No. 1274 §7, 12-3-1990]
Within thirty (30) days from the date of the hearing required by Section 505.060 the Director of Planning and Code Enforcement shall, upon the basis of competent and substantial evidence offered at the hearing, make a conclusion of law as to whether or not the building or structure in question is a public nuisance under the terms of this Chapter and detrimental to the health, safety and welfare of the residents of the City; specifically finding as a matter of fact the condition or conditions of such building or structure which constitutes the nuisance, if such is the case. If it is found that the building or structure is a public nuisance, further findings shall be made as to whether or not the procedures required by this Chapter have been substantially met and complied with, and whether or not the abatement order of the Building Regulations Supervisor to abate the nuisance was reasonable in its terms and conditions and within the standards of this Chapter. In the event it is found that the abatement order was not reasonable or within the standards of this Chapter, it shall be the duty of the Director of Planning and Code Enforcement to make his own findings of fact as to what is reasonably required to abate the public nuisance within the standards of this Chapter. If the Director of Planning and Code Enforcement finds that a public nuisance does not exist or that the procedures of this Chapter have not been substantially met and complied with, the proceedings against the building or structure shall be dismissed.
[Ord. No. 1274 §8, 12-3-1990]
A.
If a proceeding is not dismissed following the findings required by Section 505.070, the Director of Planning and Code Enforcement shall issue an order directing the building or structure to be completed, repaired, or demolished and vacated as the case may be, within the standards of this Chapter. This order, together with the findings of fact and conclusions of law required by Section 505.070, shall be in writing and shall be immediately delivered or mailed to each party to the hearing or to his attorney of record. In addition, copies of the order and findings of fact and conclusions of law shall be posted in a conspicuous place in the office of the Director of Planning and Code Enforcement for a period of thirty (30) days from the date of issuance thereof. The order shall state a reasonable time which shall not be less than thirty (30) days from the date of issuance within which to comply with the order, and shall further provide, that if it is not complied with within such time, the Director of Planning and Code Enforcement shall cause the work to be done by the City and its own crews or by contractors employed by the City for that purpose.
B.
If there
shall be no contractor employed by the City for the purpose, the Director
of Planning and Code Enforcement is hereby authorized to enter into
contracts not to exceed five thousand dollars ($5,000.00) with persons
engaged in the business of repairing or demolishing buildings for
the purpose of enforcing the order provided for in this Section if
there are sufficient funds provided for that purpose in the budget
or a supplemental appropriation. Additional contracts, or contracts
for amounts in excess of five thousand dollars ($5,000.00), must be
approved by the Board. The contracts can be signed only after compliance
with the City's prescribed bidding procedures.
[Ord. No. 1274 §9, 12-3-1990]
A.
Whenever the City shall have caused the work to be done as provided by Section 505.080, the Director of Planning and Code Enforcement shall certify the costs of the work to the City Clerk who shall cause a special tax bill therefor and for the cost of the reporter at the hearing which shall be likewise certified by the Director of Planning and Code Enforcement, to be issued against the lot, tract or parcel of land upon which the building or structure is located. The special tax bill, from the date of its issuance, shall be deemed a personal debt against the property owner, and in addition shall be a lien on the lot, tract or parcel of land until paid and shall be registered in the office of the Director of Finance of the City of Plattsburg, in a book to be kept by him for such purposes. The tax bill shall be collected by the City Collector or other official collecting taxes.
B.
At the
written request of the taxpayer, delivered to the City Clerk of the
City, a tax bill for repair or demolition of a building or structure
may be paid in ten (10) equal annual installments, which installments
with interest thereon to date on the unpaid balance shall be due annually
on the anniversary of the date of issuance of the bill. Interest shall
be paid at the maximum rate per annum allowable by law on the unpaid
balance of the special assessment computed from the date of issuance.
If any annual payment of principal or interest shall not be paid within
thirty (30) days of its due date the entire remaining balance of the
tax bill shall immediately become due and payable.
C.
If request
for ten (10) annual payments is not made prior to the time the Director
of Planning and Code Enforcement shall certify the cost of the work
to the City Clerk, the tax bill shall be payable in sixty (60) days
from its date of issuance with interest thereon at the maximum rate
per annum allowable by law.
[Ord. No. 1274 §10, 12-3-1990; Ord. No. 1642 §1, 1-14-2004]
Tax bills issued under Section 505.090 shall be prima facie evidence of the validity of the bill, the doing of work and the liability of the property for the damages stated in the bill and shall be collected if default should occur by suit brought in a court of competent jurisdiction by the City Counselor on behalf of the City. Judgment in any such suit shall be special and against the property only and shall be satisfied by sale of the property or so much thereof as is necessary to satisfy the judgment and the costs of the sale.
[Ord. No. 1642 §2, 1-14-2004]
A.
If there
are proceeds of any insurance policy based on 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, and
if the covered claim payment is in excess of fifty percent (50%) of
the face value of the policy covering a building or other structure,
then the following procedure shall apply:
1.
The
insurer shall withhold from the covered claim amount twenty-five percent
(25%) of the covered claim amount and shall pay that amount 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 Section. If a special tax bill or assessment is issued
by the City for the expenses of demolition of such building as a dangerous
building, the monies held by the City shall be applied toward payment
of a special tax bill or assessment. If there is any excess, it shall
be paid by the City to the insured or as the terms of the policy,
including any endorsements thereto, provide.
2.
The City shall release the proceeds and any interest which has accrued on such proceeds received under Subparagraph (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 Sections 505.080 and 505.090. If the City has proceeded under the provisions of Sections 505.080 and 505.090, all monies in excess of that necessary to comply with the provisions of Sections 505.080 and 505.090 for the removal of the building or structures, less salvage value, shall be paid to the insured.
3.
The
City may certify that, in lieu of payment of all or part of the covered
claim payment under this Section, it has obtained satisfactory proof
that the insured has or will remove debris and repair, rebuild or
otherwise make the premises safe and secure. In this event, the City
shall issue a certificate within thirty (30) days after receipt of
proof to permit covered claim payment to the insured without deduction.
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 Subparagraph.
B.
No provision
of this Section shall be construed to make the City a part to any
insurance contract.
[Ord. No. 1274 §11, 12-3-1990]
Any owner, occupant, lessee, mortgagee, agent or other person having an interest in the building or structure may appeal from the order and determination of the Director of Planning and Code Enforcement made under the provisions of Section 505.080 of this Chapter. The appeal shall be to the Circuit Court of Clinton County as established in RSMo., Chapter 536.
[Ord. No. 1274 §13, 12-3-1990]
No officer, agent or employee of the City of Plattsburg, shall
be personally liable for any damage that may occur to any persons
or property as a result of any act required of him or permitted to
be taken by him under the terms of this Chapter. Any suit brought
against any such officer, agent or employee of the City as a result
of any such acts required or permitted shall be defended by the City
until the final determination of the proceedings, and if judgment
shall be obtained it shall be paid by the City of Plattsburg. It is
hereby further declared that no officer, agent, or employee of the
City of Plattsburg owes any duty under the provisions of this Chapter
to any citizen or other individual but that the duties prescribed
herein and imposed upon officers, agents or employees of the City
are duties to be performed for the Government of said City.
