[Ord. No. 162 §1, 7-24-1980]
These regulations shall be known as the "Dangerous and Unsafe Structure Ordinance" of the City of Forsyth.
[Ord. No. 162 §2, 7-24-1980]
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 to the general public, and this Chapter shall apply to all dangerous buildings, as herein defined, which are now in existence or which may hereafter exist in the City of Forsyth, Missouri.
[Ord. No. 162 §3, 7-24-1980]
A. 
All buildings or structures which have any or all of the following defects shall be deemed "dangerous buildings":
1. 
Those whose interior walls or other vertical structural members lift, lean or buckle to such extent that a plumb line passing 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 become dangerous to life, safety, or the general health and welfare of the occupants or the people of the City of Forsyth, Missouri.
5. 
Those which are so dilapidated, decayed, unsafe, unsanitary or which 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 which are inadequate to protect the health, safety or general welfare of human beings who inhabit, occupy or use the premises.
7. 
Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of communication.
8. 
Those which have parts thereof which are so attached that they may fall or injure members of the public or property.
9. 
Those which because of their condition are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of this City.
[Ord. No. 162 §5, 7-24-1980]
A. 
The following standards shall be followed in substance by the City Engineer and the Board of Aldermen in ordering repair, vacation or demolition of any "dangerous building".
1. 
If the "dangerous building" can reasonably be 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, 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 will no longer 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. 162 §6, 7-24-1980]
A. 
The City Engineer 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 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 City Engineer shall determine if there are reasonable grounds to believe that such building is dangerous.
3. 
Inspect any building, wall or structure reported by Fire or Police Departments of this City as probably existing in violation of this Chapter.
4. 
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 of service, it may be had by publication for two (2) successive weeks in a newspaper qualified to publish legal notices, 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 Taney County, Missouri, of any building found by him/her to be a "dangerous building" within the standards set forth in Section 505.030 of this Chapter.
The notice required shall state that:
a. 
The owner must repair, vacate and repair, or vacate and demolish said building 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 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 Taney County, Missouri, may, at his/her own risk, repair, vacate or demolish or have such work done; provided however, that any person notified under this Subsection to repair, vacate or demolish any building, shall be given such reasonable time not exceeding thirty (30) days to commence the required work unless, in the judgment of the City Engineer, it is determined to be necessary to extend such time to commence the work. A reasonable time for completion of such work shall be determined by the City Engineer.
d. 
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", and an order requiring the designated work to be commenced within the time, or extension thereof, provided for in the above Subsection.
e. 
Report in writing to the Mayor of the City the non-compliance with any notice to vacate, repair or demolish.
f. 
Appear at hearings conducted by the Board of Aldermen and testify as to the condition of "dangerous buildings".
g. 
If he/she determines it to be advisable or upon receipt of an order from the Board of Aldermen by resolution directing the same to be done, the City Engineer shall place a notice on the building or structure deemed dangerous reading as follows:
"This building has been found to be a dangerous building by the City Engineer. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, 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 Taney County. It is unlawful to remove this notice until such notice is complied with.
[Ord. No. 162 §6A, 7-24-1980]
A. 
The Mayor of the City shall keep the Board of Aldermen informed and advised of matters pending under this Chapter as they occur and are brought to his/her attention and, in addition, shall:
1. 
Oversee all inspections required by this Chapter.
2. 
Forward to the Board of Aldermen all written reports of the City Engineer notifying him/her of non-compliance with any notice to vacate, repair or demolish made pursuant to this Chapter under Section 505.060.
3. 
Preside at all meetings and hearings of the Board of Aldermen conducted pursuant to the requirements of this Chapter.
4. 
Carry out and sign all orders of the Board of Aldermen made pursuant to the provisions of this Chapter.
[Ord. No. 162 §7, 7-24-1980]
A. 
The Board of Aldermen shall have the power pursuant to this Chapter to:
1. 
Supervise all inspections required by this Chapter, and cause the City Engineer 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, it shall cause an inspection to be made forthwith. If it deems it necessary to the performance of its duties and responsibilities imposed herein, it may request an inspection and report be made to it by any other City Department or retain services of an expert whenever it deems such service necessary.
2. 
Upon receipt of a report of the City Engineer, give written notice, either by personal service or by certified mail, return receipt requested, or by publication for two (2) successive weeks, in a newspaper qualified to publish legal notices, at least twenty-one (21) days in advance of a 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 the County wherein the land is located, to appear before it 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 City Engineer's notice provided for herein.
3. 
Upon receipt of a report of the City Engineer and after having given the notice required, the Board of Aldermen shall hold a hearing and hear such testimony as the City Engineer and the owner, occupant, mortgagee, lessee or any other person having an interest in said building as shown by the land records of the Recorder of Deeds of the County wherein the land is located, shall offer relative to the "dangerous building". Any party may be represented by counsel, and all parties shall have an opportunity to be heard.
4. 
Make written findings of fact from evidence offered at said hearing as to whether or not the building in question is a "dangerous building" within the terms of Section 505.030 hereof.
5. 
If the evidence supports a finding based upon competent and substantial evidence that the building or structure is a "dangerous building", the Board of Aldermen shall issue an order based upon its findings of fact commanding the owner, occupant, mortgagee, lessee, agent or other persons having an interest in said building as shown by the land records of the County wherein the land is located, to repair, vacate or demolish any building found to be a "dangerous building"; provided, that any person so notified, shall have the privilege of either repairing, or vacating and repairing said building, if such repair will comply with the ordinance of this City or the owner or any person having any interest in said building as shown by the land records of the County wherein the land is located, 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 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.
6. 
If the owner, occupant, mortgagee or lessee fails to comply with the order within thirty (30) days, the Board of Aldermen shall cause building or structure to be repaired, vacated or demolished as the facts may warrant; and the Board of Aldermen 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; said tax bill shall be a lien upon said property and be enforced to the same extent and in the same manner as all other special tax bills. At the request of the tax payer, this special tax bill may be paid in installments over a period of not more than ten (10) years; said assessment shall bear interest at the right of eight percent (8%) per annum until paid.
[Ord. No. 187 §§1-2, 1-3-1985]
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, 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 payment ten percent (10%) of the covered claim payment, 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 in accordance with Subsection (6) of Section 505.080 of this Chapter for the expenses of repair, vacation or demolition as a dangerous building, the monies held by the City shall be applied toward payment of such 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 Subsection (1) of this Section 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 Subsection (6) of Section 505.080 of this Chapter. If the City has proceeded under those said provisions, all monies in excess of that necessary to comply with such provisions for the repair, vacation or demolition and removal of the building or structure, 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 claim to provide the insurance company with the written certificate provide for in this Subsection.
4. 
No provision of this Section shall be construed to make the City a party to any insurance contract.
[Ord. No. 162 §8, 7-24-1980]
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 the County wherein the land is located, may, within thirty (30) days from the receipt of the order of the Board of Aldermen appeal such decision to the Circuit Court of the County wherein the land is located, pursuant to the procedure established in Chapter 536, RSMo.
[Ord. No. 162 §9, 7-24-1980]
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, the City Engineer shall report such facts to the Board of Aldermen, by resolution, may cause the immediate boarding up of all openings, repair, vacation or demolition of such "dangerous building". The costs of such emergency boarding up, repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in Section 505.080, Subsection (6) of this Chapter.
[Ord. No. 162 §10, 7-24-1980]
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 Board of Aldermen shall be guilty of a misdemeanor and upon conviction shall be punishable as set forth in Section 505.130 of this Chapter. Any person removing any notices provided for in this Chapter shall be guilty of a misdemeanor and upon conviction shall be punished in accordance with Section 505.130 of this Chapter.
[Ord. No. 162 §11, 7-24-1980]
Any person violating the provisions of this Chapter is guilty of a misdemeanor and upon conviction thereof shall be punished as set out in Section 100.050 of this Code. Each day that a person fails to comply with an order of the Board of Aldermen may be deemed a separate offense.
[Ord. No. 162 §12, 7-24-1980]
No officer, agent, or employee of this City 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.