[CC 1976 §7-50; Ord. No. 1347, 12-14-1982]
A.
Pursuant
to Sections 67.400 through 67.450, RSMo., the buildings or structures
[which] are determined to be detrimental to the health, safety or
welfare of the residents of the City of Pacific, are hereby declared
to be a public nuisance.
B.
Definition. For the purpose of this Article, a "building" or "structure" is declared to be that which is
built or constructed, including without limitation because of enumeration,
buildings for any occupancy or use whatsoever, fences, signs, billboards,
fire escapes, chute escapes, railings, water tanks, towers, open grade
steps, sidewalks, or stairways, tents or anything erected and framed
of component parts which is fastened, anchored or rests on a permanent
foundation or on the ground.
[CC 1976 §7-51; Ord. No. 1347 §1, 12-14-1982; Ord. No. 3140, 6-19-2019]
A.
Buildings and structures as hereinafter described are declared to
be detrimental to the health, safety and welfare of City residents
and may be subject to demolition:
1.
Those buildings or structures which have been damaged by fire,
wind, or any other cause whatsoever, thus rendering them dangerous
to life, safety, morals or the general health and welfare of any occupant
or any other person.
2.
Those buildings or structures which have parts thereof which
have detached or have deteriorated in such a way that they constitute
a threat of falling upon public ways or upon the property of others
or which may constitute a threat of injury to members of the public
or the occupants thereof.
3.
Those buildings or structures which have become so dilapidated,
decayed, unsafe, or unsanitary so that they are unfit for human habitation,
or are likely to cause sickness or disease to the occupants thereof
or to any other person.
4.
Those buildings or structures which, because of their condition,
become harboring places for rats, stray animals, vermin or other disease-bearing
creatures, and which are unsafe, unsanitary or dangerous to the health,
safety or general welfare of any person.
5.
Those occupied buildings or structures having light, air, or
sanitary facilities that are inadequate to protect the health, safety
or general welfare of any person who may live or work therein.
6.
Those buildings or structures which, because of their condition,
are unsafe, unsanitary or dangerous to the health, safety or welfare
of any person.
7.
Those buildings or structures whose interior walls or other
vertical structural members list, lean or buckle to such an extent
that a plumb line passed through the center of gravity of such wall
or vertical structural member falls outside of the middle third (1/3)
of its base.
8.
Those buildings or structures which, exclusive of the foundation,
show thirty-three percent (33%) or more 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.
9.
Those which have improperly distributed loads upon the floors
or roofs or in which the floors or roofs are overloaded, or those
having floors or roofs of insufficient strength to be reasonably safe
for the purpose for which they are being used or intended to be used.
B.
In addition, buildings and structures as hereinafter described are
declared to be detrimental to the health, safety and welfare of City
residents and shall be repaired or secured:
1.
Those buildings or structures which are uninhabited, but which
remain open or unlocked so that the same may be entered by unauthorized
persons.
2.
Those buildings or structures, whether occupied or unoccupied,
having inadequate facilities for egress in case of fire, or other
catastrophe, or those buildings with structures having insufficient
stairways, elevators, fire escapes to allow adequate egress therefrom.
3.
Those which are uninhabited and are open at the door, window,
wall or roof, and may be entered by unauthorized persons.
[CC 1976 §7-52; Ord. No. 1347 §2, 12-14-1982; Ord. No. 1971 §1, 3-18-1997]
A.
The
City Administrator or Building Commissioner shall:
1.
Inspect or cause to be inspected any building or structure about which written complaints are filed by any person alleging that the building or structure contains any of the conditions described in Section 500.210.
2.
Inspect, or cause to be inspected, any building or structure reported by any department of the City, any City Official or Fire District Officer, who has reason to believe that the building or structure has any of the conditions set forth in Section 500.210.
3.
Inspect, or cause to be inspected, any building or structure in the City at any time whenever there is reason to believe that the building or structure has a condition described in Section 500.210.
4.
Determine in any case where inspection shows that a building or structure has any of the conditions referred to in Section 500.210, and if it does so reasonably appear that there is immediate danger as aforesaid, the Building Commissioner shall immediately post upon the building or structure a notice reading as follows:
This building or structure has been found to be a public nuisance
by the City of Pacific. 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 Pacific, Missouri. It is unlawful to remove
or deface this notice until such compliance has occurred. Anyone removing
or defacing this notice is subject to a fine of five hundred dollars
($500.00), ninety (90) days in jail, or both.
[CC 1976 §7-53; Ord. No. 1347 §3, 12-14-1982; Ord. No. 1971 §2, 3-18-1997; Ord. No. 2290 §1, 6-4-2002]
Whenever the City Administrator or Building Commissioner shall
deem it advisable, he/she may also request inspections be made by
the Fire District, or any department of the City, or by any person
who might have knowledge and information useful in the determination
of whether a building or structure is a public nuisance or, if so,
how it might be alleviated. In addition, the City Administrator or
Building Commissioner, if he/she deems it advisable, may request such
an inspection be made by an architect or engineer especially employed
by the City for the purpose of that inspection.
[CC 1976 §7-54; Ord. No. 1347 §4, 12-14-1982; Ord. No. 1971 §3, 3-18-1997; Ord. No. 2290 §2, 6-4-2002]
A.
Whenever the Building Commissioner or inspector designated in Section 500.230 has determined that any building or structure is a public nuisance under the provisions of this Article, he/she shall as soon as possible thereafter notify the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the building as shown by the land Recorder of Deeds for the County that such building or structure has been found to be a public nuisance under the provisions of this Article. The notice shall set forth a description of the condition found in the building or structure so as to constitute the building or structure as a public nuisance under Section 500.210. The notice shall also provide for abatement of the nuisance by ordering the building or structure to be vacated if such be the case, reconditioned or removed, giving a reasonable time for commencement of the work, and requiring the work to proceed continuously without unnecessary delay. The Building Commissioner may extend the above time limit at his/her discretion.
[Ord. No. 3140, 6-19-2019]
B.
Whenever
under this Article 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 as shown by the land Recorder of
Deeds for the County. The notice shall be served, if the party or
parties to be served reside in the City, by handing the same 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 or by
certified mail, return receipt requested. If the person to be served
shall not reside in the City or shall have absented himself/herself
from the City or concealed himself/herself so that personal service
may not be made as herein provided for and if his/her address shall
be known, then service shall be made by certified mail, return receipt
requested; but if his/her address shall not be known, then service
of notice shall be by publication. The publication shall contain the
full text of the notice and shall be published in a newspaper of general
circulation qualified to publish legal notice as defined by the Revised
Statutes of Missouri, and the time specified in the notice for a hearing
to be held, or for the commencement of work or for any other thing
to be done shall be at least ten (10) days from the date of publication
of the notice.
[CC 1976 §7-55; Ord. No. 1347 §5, 12-14-1982; Ord. No. 3214, 8-18-2020]
A.
Whenever
a notice shall be given that any building or structure constitutes
a public nuisance under the provisions of this Article, the party
responsible for giving the notice shall base his/her order as to necessary
actions to abate the nuisance by observation of the following standards:
1.
If the condition or conditions which cause the building or structure
to be a public nuisance can be reasonably repaired or maintained so
that the building or structure will no longer exist in violation of
the terms of this Article, the building or structure shall be ordered
so repaired or maintained.
2.
If the conditions are such as to make the building or structure immediately
dangerous to the health, safety or welfare of its occupants, the building
or structure shall be ordered vacated pending abatement of the nuisance.
3.
In all cases where the conditions causing the building or structure
to be a public nuisance cannot be reasonably repaired or maintained
so that the building or structure will no longer exist in violation
of the terms of the Article, the building or structure shall be 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, and in the event it is not
repaired or demolished by the owner, then the City shall abate the
nuisance by demolition.
5.
Any building or structure constituting a public nuisance because of the conditions prescribed in Subsection (3) of Section 500.210 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.
[CC 1976 §7-56; Ord. No. 1347 §6, 12-14-1982; Ord. No. 2290 §3, 6-4-2002; Ord. No. 3140, 6-19-2019]
A.
Whenever there shall be a failure to obey a notice to abate a public nuisance issued as provided in Section 500.240 by not commencing work in the time specified in such notice, or there shall be a failure to proceed continuously without unnecessary delay, the City Administrator shall call and have a full and adequate hearing upon the matter giving all affected parties at least ten (10) 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 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 Article;
2.
Whether the procedures required by this Article shall have been
substantially followed; and
3.
Whether or not the abatement order of the Building Commissioner
was reasonable and within the standards of this Article. The testimony
shall be under oath, which may be administered by the City Administrator,
and a written record of the hearing shall be 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 costs of performance
for demolition or repair in the event the City shall be required to
do so and payable as provided for such costs.
|
In lieu of a written record of the hearing, the City Administrator
may order that all testimony be recorded and the recording preserved
and, if needed, subsequently transcribed, which record then shall
be admissible and used for all purposes the same as a transcript reported
by a reporter.
|
[CC 1976 §7-57; Ord. No. 1347 §7, 12-14-1982; Ord. No. 3140, 6-19-2019]
Within thirty (30) days from the date of the hearing required by Section 500.260, the City Administrator 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 Article and detrimental to the health, safety or welfare of 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 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 Article have been substantially met and complied with and whether or not the abatement order of the Building Commissioner was reasonable in its terms and conditions and within the standards of this Article. In the event it is found that the abatement order was not reasonable or within the standards of this Article, it shall be the duty of the City Administrator to make his/her own finding of fact as to what is reasonably required to abate the public nuisance within the standards of this Article. If the City Administrator finds the public nuisance does not exist or that the procedures of this Article have not been substantially met and complied with, no order to abate a nuisance shall be issued.
[CC 1976 §7-58; Ord. No. 1347 §8, 12-14-1982; Ord. No. 1971 §4, 3-18-1997; Ord. No. 2290 §4, 6-4-2002; Ord. No. 3140, 6-19-2019]
If the structure is found to be a nuisance and detrimental to the health, safety and welfare of the inhabitants of the City, the City Administrator 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 Article. This order, together with the findings of fact and conclusions of law required by Section 500.270, shall be immediately delivered or mailed to each party to the hearing or to his/her attorney of record. In addition, copies of the order and findings of fact shall be posted in a conspicuous place in City Hall. The order shall state a reasonable time 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 City Administrator shall cause the work to be done by the City or by contractors employed by the City for that purpose.
[CC 1976 §7-59; Ord. No. 1347 §9, 12-14-1982; RSMo. §67.410; Ord. No. 1971 §5, 3-18-1997; Ord. No. 2290 §5, 6-4-2002]
A.
Whenever the City shall have caused the work to be done as provided by Section 500.280, the City Administrator shall certify the cost 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 City Administrator, to be issued against the lot, tract or parcel of land upon which the building or structure is located. The tax bill from 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 and shall be registered in the office of the Collector of the City.
B.
Notwithstanding
any other provisions of this Section, 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 payment of twenty-five
percent (25%) of the insurance proceeds shall be paid to the City.
This Subsection shall apply only to a covered claim payment which
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 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 the ordinance.
2.
The City shall release the proceeds and any interest which has
accrued on such proceeds received under this Article 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 provision of this
Article. If the City proceeded under the provisions of this Article,
all monies in excess of that necessary to comply with the provisions
of this Article for the removal, securing, repair and cleanup of the
building or structure and the lot on which it is located, less salvage
value, shall be paid to the insured.
[Ord. No. 3140, 6-19-2019]
3.
This Subsection shall apply to fire, explosion or other casualty
loss claims arising on all buildings and structures.
4.
This Subsection 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.
C.
If
there are no proceeds of any insurance policy as set forth herein,
at the written request of the taxpayer delivered to the City Clerk,
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 at the rate of nine percent (9%) per annum 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. The tax bill from the
date of its issuance shall be a lien on the property until paid.
D.
If request for ten (10) annual payments is not made in writing to
the City, the tax bill shall be deemed to be due and payable in sixty
(60) days from its date of issuance with interest thereon at nine
percent (9%) per annum until paid.
[Ord. No. 3140, 6-19-2019]
E.
Tax
bills issued under this Section shall be prima facie evidence of the
validity of the bill, the doing of the work and the liability of the
property and property owner for the charges stated in the bill and
shall be collected if default should occur by suit brought in the
court of competent jurisdiction by the City Attorney 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.
[CC 1976 §7-60; Ord. No. 1347 §10, 12-14-1982; Ord. No. 3140, 6-19-2019]
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 City Administrator made under the provisions of Sections 500.270 and 500.280. The appeal shall be to the Circuit Court of the County as established in Chapter 536, RSMo.
[CC 1976 §7-61; Ord. No. 1347 §11, 12-14-1982; Ord. No. 1971 §6, 3-18-1997]
In all cases where it reasonably appears that an immediate danger
to the health, safety or welfare of any person exists, the City Administrator
and Building Commissioner may take emergency measures to vacate, repair
or demolish a building or structure which is a public nuisance under
the provisions of this Article.
[Ord. No. 1971 §7, 3-18-1997]
A.
Permit Required. Demolition of any building or structure
may not be undertaken without first having obtained a demolition permit
from the Building Commissioner.
B.
Fee Schedule. The fee for demolition work shall be as indicated in the schedule established in Article XII of this Chapter. In addition, a cash deposit in an amount as established in Article XII of this Chapter shall be paid to the City Collector in advance of the demolition of the building or structure as bond to insure the timely and satisfactory completion of the work in accordance with the regulations established in this Section as determined by the Building Commissioner.
C.
Time Limit. Demolition of any building or structure shall
be completed within thirty (30) days of the issuance of a demolition
permit, unless otherwise extended by the Building Commissioner.
D.
Building Commissioner To Establish Rules. The Building Commissioner
is authorized to establish additional regulations to insure the safe
and workmanlike demolition of buildings and structures.
E.
Deposit Forfeiture. If the permittee fails to complete the
demolition within thirty (30) days of permit issuance, unless otherwise
extended by the Commissioner, or fails to complete the demolition
satisfactorily in accordance with the regulations of the Building
Commissioner, the permittee's deposit shall be forfeited and become
the funds of the City of Pacific and will be placed in the general
fund of the City.
[CC 1976 §7-62; Ord. No. 1347 §12, 12-14-1982]
No officer, agent or employee of the City shall be personally
liable for any damage that may occur to any persons or property as
a result of any act required of him/her or permitted to be taken by
him/her under the terms of this Article. 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 Attorney
until the final determination of the proceedings, and if judgment
shall be obtained, it shall be paid by the City. It is hereby further
declared that no officer, agent or employee of the City owes any duty
under the provisions of this Article to any citizen or other individual,
but that the duties described herein and imposed upon the officers,
agents or employees of the City are duties to be performed for the
government of the City.
[CC 1976 §7-63; Ord. No. 1347 §13, 12-14-1982; Ord. No. 3140, 6-19-2019]
A.
Except as otherwise set forth herein, any person or entity violating
any provision of this Article shall be subject, upon conviction, to
a fine or imprisonment up to ninety (90) days or by both fine and
imprisonment. Such fine shall not exceed one thousand dollars ($1,000.00),
unless the owner of the property is not also a resident of the property;
then such fine shall not exceed two thousand dollars ($2,000.00).
B.
However, failure to obtain a demolition permit shall result in punishment
of a fine of up to five hundred dollars ($500.00) or imprisonment
up to ninety (90) days or both such fine and imprisonment.
C.
Each day after the time specified by notice the violation continues,
each days' continuance thereof shall be deemed to be a separate offense;
either owner, occupant, or both may be held liable for each day's
offense.
