City of Cabool, MO Demolition of Substandard Buildings

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 falls outside of the middle third (3rd) of its base.

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.

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.

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 this City.

Those which have become or 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 general welfare of those living therein.

Those having light, air and sanitation facilities which are inadequate to protect the health, safety, or general welfare of human beings who live or may live therein.

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.

Those which have parts thereof which are so attached that they may fall and injure property or members of the public.

Those which because of their condition are unsafe, unsanitary, or dangerous to the health, safety, or general welfare of the people of this City.

Section 505.020 Standards for Repair, Vacation or Demolition.

[R.O. 2011 §505.020; CC 1974 §41.020]

The following standards shall be followed in ordering repair, vacation, or demolition:

If the "dangerous buildings/public nuisances" can reasonably be repaired so that it will no longer exist in violation of the terms of this Chapter it shall be ordered repaired.

If the "dangerous buildings/public nuisances" 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.

In any case where a "dangerous buildings/public nuisances" is fifty percent (50%) damaged or decayed, or deteriorated from its original value or structure, it shall be demolished, and 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. In all cases where a "dangerous buildings/public nuisances" is a fire hazard existing or erected in violation of any provision of this Chapter or other ordinance of the City or Statute of the State it shall be repaired or demolished.

Section 505.030 Dangerous Buildings Are Nuisances.

[R.O. 2011 §505.030; CC 1974 §41.030]

All "dangerous buildings" within the terms of Section 505.010 of this Chapter are hereby declared to be public nuisances, and shall be repaired, vacated, or demolished as hereinbefore and hereinafter provided.

Section 505.040 Building Inspector/Code Enforcement Official.

[R.O. 2011 §505.040; CC 1974 §41.040]

The City Administrator shall be the "Building Inspector" and "Code Enforcement Official" within the meaning of this Chapter.

Section 505.050 Building Inspector — Duties.

[R.O. 2011 §505.050; CC 1974 §41.050]

The Building Inspector shall:

Inspect or cause to be inspected semi-annually, all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial, manufacturing, or loft buildings, and all dwellings, for the purpose of determining whether any conditions exist which render such places to be a "dangerous buildings/public nuisances" within the terms of Section 505.010 of this Chapter.

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.

Inspect any building, wall or structure reported as probably existing in violation of the terms of this Chapter.

Notify, as provided for in Section 505.060, 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 the County, of any building found by him/her to be a "dangerous buildings/public nuisances" within the standards set forth in Section 505.010 of this Chapter, that:

The owner must vacate, vacate and repair, or vacate and demolish said building in accordance with the terms of the notice and this Chapter;

The occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession;

The mortgagee, agent or other person having an interest in said building as shown by the Land Records of the Recorder of Deeds of the County may at his/her own risk repair, vacate, or demolish said building or have such work or act done: Provided, that any person notified under this Subsection (4) to repair, vacate, or demolish any building shall be given such reasonable time, not exceeding thirty (30) days, as may be necessary to do, or have done, the work or act required by the notice provided for herein.

Set forth in the notice provided for in Subsection (4) hereof, a description of the building, or structure deemed unsafe, a statement of the particulars which make the building or structure a "dangerous buildings/public nuisances" and an order requiring the same to be put in such condition as to comply with the terms of this Chapter within such length of time, not exceeding thirty (30) days, as is reasonable.

Report in writing to the Mayor any non-compliance with the notice provided for in Subsection (4) and (5) hereof.

Appear at all hearings conducted under this Chapter.

Place a notice on all "dangerous buildings/public nuisances" reading as follows:

"This building has been found to be a "dangerous buildings/public nuisances" by the Building Inspector. 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 the County. It is unlawful to remove this notice until such notice is complied with."

Section 505.060 Inspection — Posting of Notice on Building.

[R.O. 2011 §505.060]

The Code Enforcement Official shall inspect or cause to be inspected the following:

Any building or structure about which a written complaint has been filed by any person alleging that the building or structure contains any of the conditions described in Section 505.010.

Any building or structure designated by any department of the City or any City official who has reason to believe that the said building or structure has any of the conditions set forth in Section 505.010.

Any building or structure of the City whenever the Code Enforcement Official has reason to believe that the building or structure has a condition described in Section 505.010.

The Code Enforcement Officer or Building Inspector may enter private property for the purpose of inspecting to ascertain if any building or structure contains any of the conditions set forth in Section 505.010 of this Section of the Code. If any person refuses to allow entry upon his private property, the Code Enforcement Officer or Building Inspector may request of the Municipal Court Judge that an order be issued allowing such entry and inspection.

[Ord. No. 005-2015, 9-22-2014]

In the event the inspection reveals that a building or structure has any of the conditions set forth in Section 505.010, the Code Enforcement Official shall determine whether or not the condition reasonably appears to constitute an immediate danger to the health, safety, or welfare of any occupant or persons in the vicinity thereof and, if it does reasonably appear to constitute such an immediate danger, then the Code Enforcement Official shall immediately notify the Building Commissioner. If the Building Commissioner concurs in the finding of the Code Enforcement Official that there is an immediate danger, then the Code Enforcement Official shall post immediately upon the building or structure a notice which shall read as follows:

	DANGER - NOTICE OF PUBLIC NUISANCE
	The City of Cabool, Missouri has found this building or structure to be a public nuisance and an immediate danger to the health, safety or welfare of occupants and persons in the vicinity thereof. This notice shall remain affixed to this building or structure until the same is brought in compliance with the City's ordinances. It is unlawful to remove this notice until such compliance has occurred.
	Dated this _____ day of _________, 20 ___.
	Building Commissioner	Code Enforcement Official

Nothing contained in this Section shall be construed to deprive any person of the notice and hearings which such person is entitled to receive as hereinafter provided.

Section 505.070 Inspection by Engineer or Other Specialist.

[R.O. 2011 §505.070]

Whenever the Building Commissioner shall deem it advisable, he/she may employ an engineer, architect or other person having special or expert knowledge or information to conduct an inspection and assist in the determination of whether a building or structure is a public nuisance or how the condition might be alleviated.

Section 505.080 Notice With Abatement Order to Owner, Etc.

[R.O. 2011 §505.080]

When the Code Enforcement Official has determined that a building or structure is a public nuisance in accordance with Section 505.010, he/she promptly shall cause written notice that such building or structure has been found to be a public nuisance to be served upon all interested persons as hereinafter provided. The notice also shall provide for abatement of the nuisance by ordering the building or structure to be vacated, secured, reconditioned, or removed, as the case may be, giving a reasonable time for commencement of the work, and requiring the work to proceed continuously without unnecessary delay.

Persons upon whom notice shall be served. 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 of Texas County, Missouri.

Methods of service. The notice may be served by either:

Personal service by anyone competent to be a witness handing the notice to the person to be served or by leaving the notice at the usual abode of the person to be served with a member of the household over the age of fifteen (15) years, or

By certified mail, return receipt requested.

But if the whereabouts or address of the person to be served is unknown or if service cannot be had by either personal service or certified mail, then service shall be by publication. The publication shall contain the full text of the notice and shall be published at least once each week for four (4) consecutive weeks in a newspaper of general circulation published in the County; provided however, that in the event of service by publication the time specified in the notice for a hearing to be held, for the commencement of work, or for any other thing to be done shall be at least forty-five (45) days after the date of the first (1st) publication of the notice.

Section 505.090 Vacate, Complete, Repair, or Demolish — Abatement Standards.

[R.O. 2011 §505.090]

The Code Enforcement Official shall consider the following abatement standards to determine the necessary actions he/she shall order to abate the public nuisance, to wit:

Vacate. The building or structure shall be ordered vacated pending abatement of the nuisance if the conditions constituting the public nuisance are such as to make the building or structure immediately dangerous to the health, safety or welfare of its occupants or users.

Complete. If the building or structure constitutes a public nuisance because of the conditions described in Subsection (5) of Section 505.010, then the same shall be ordered completed within a specified time in accordance with lawful plans and specifications, and if it thereafter shall not be so completed or demolished by the owner, then the City shall abate the nuisance by demolition.

Repair. The building or structure shall be ordered repaired or maintained if the condition or conditions which cause the same to be a public nuisance reasonably can be repaired or maintained so that the building or structure will no longer constitute a public nuisance.

Demolish. The building or structure shall be ordered demolished by the owner, and if not demolished by the owner within the time specified, then the City shall demolish the same under the following conditions:

When the condition or 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 fair market value of the building or structure.

When the conditions causing the building or structure to be a public nuisance reasonably cannot be repaired or maintained so that the building or structure will no longer constitute a public nuisance.

When the building or structure is found to be a public nuisance because of conditions described in Subsection (6) of Section 505.010.

When the owner has failed to complete the building or structure as provided in Subsection (2) of this Section.

When the owner has failed to complete repairs within the time specified in the order to repair issued under Subsection (3) of this Section.

Section 505.100 Building Commissioner.

[R.O. 2011 §505.100; CC 1974 §41.060]

The Mayor shall act as Building Commissioner under this Chapter.

Section 505.110 Building Commissioner — Duties.

[R.O. 2011 §505.110; CC 1974 §41.070; Ord. No. 614 §§I — II, 9-10-1990]

The Mayor (Building Commissioner) shall:

Upon receipt of a report of a Building Inspector as provided for in Section 505.050, give twenty-one (21) days written notice 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 to appear before him/her on the date specified in the notice to show cause why the building or structure reported to be a "dangerous buildings/public nuisances" should not be repaired, vacated, or demolished in accordance with the statement of particulars set forth in the Building Inspector's notice provided for herein in Section 505.050(4).

Hold a hearing and hear such testimony as the Building Inspector or the owner, occupant, mortgagee, lessee, or any other person having an interest in said building as shown by the Land Records of the County shall offer relative to the "dangerous buildings/public nuisances." Any party may be represented by counsel and all parties shall have an opportunity to be heard.

Make written findings of fact from the testimony offered pursuant to Subsection (2) above as to whether or not the building in question is a "dangerous buildings/public nuisances" within the terms of Section 505.010.

Issue an order based upon findings of fact made pursuant to Subsection (3) above commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the Land Records of the County, to repair, vacate, or demolish any building found to be a "dangerous buildings/public nuisances" within the terms of this Chapter or any person not the owner of said "dangerous buildings/public nuisances" but having an interest in said building as shown by the Land Records of the County may demolish said "dangerous buildings/public nuisances" at his/her own risk to prevent the acquiring of a lien against the land upon which said "dangerous buildings/public nuisances" stands by the City, as provided in Subsection (5) hereof.

If the owner, occupant, mortgagee, or lessee fails to comply with the order provided for in Subsection (4) hereof, within thirty (30) days, the Mayor (Building Commissioner) shall cause such building or structure to be repaired, vacated, or demolished as the facts may warrant, under the standards hereinbefore provided for in Section 505.020. The cost of performance shall be certified to the City Clerk, who shall cause a special tax bill against the property to be prepared and collected by the City Collector. The special tax bill from the date of its issuance shall be deemed a personal debt against the property owner, and shall in addition be a lien on the lot, tract, or parcel of land until paid and shall be registered in the office of the City Collector in a book to be kept by him/her for such purposes. The tax bill shall be collected by the City Collector.

Report to the City Attorney the names of all persons not complying with the order provided for in Subsection (4) hereof.

Except as provided in Section 505.160 hereof, at the request of the taxpayer, the special tax bill provided for by Subsection (5) above may be paid in installments over a period of not more than ten (10) years; said assessment shall bear interest at the rate of eight percent (8%) per annum until paid.

Section 505.120 Appeal to Circuit Court.

[R.O. 2011 §505.120; CC 1974 §41.080]

Any owner, occupant, lessee, mortgagee, agent or any other person having an interest in a "dangerous buildings/public nuisances" as shown by the Land Records of the Recorder of Deeds of the County may, within thirty (30) days from the receipt of the order of the Mayor (Building Commissioner) provided for by Section 505.110(4) of this Chapter, appeal such decision to the Circuit Court of the County wherein the land is located, pursuant to the procedure established in Chapter 536, RSMo.

Section 505.130 Emergency Cases.

[R.O. 2011 §505.130; CC 1974 §41.090]

In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a "dangerous buildings/public nuisances" as defined in Section 505.010 is immediately repaired, vacated, or demolished, the Building Inspector shall report such facts to the Mayor (Building Commissioner) and the Mayor (Building Commissioner) shall cause the immediate repair, vacation, or demolition of such "dangerous buildings/public nuisances". The costs of such emergency repair, vacation or demolition of such building shall be collected in the same manner as provided in Section 505.110(5).

Section 505.140 Owner Absent From the City.

[R.O. 2011 §505.140; CC 1974 §41.100]

In cases, except emergency cases, where the owner, occupant, lessee, or mortgagee is absent from the City all notices or orders provided for herein shall be sent by registered mail to the owner, occupant, mortgagee, lessee and all other persons having an interest in said building as shown by the Land Records of the Recorder of Deeds of the County to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the "dangerous buildings/public nuisances" to which it relates. Such mailing and posting shall be deemed adequate service.

Section 505.150 Liability for Wrongful Action.

[R.O. 2011 §505.150; CC 1974 §41.110]

In the event any building or structure is wrongfully demolished by this City, or is demolished without adhering to the procedures provided in this Chapter, the City shall be liable for damages as determined by a court of law in a suit brought by the party so damaged.

Section 505.160 Insurance Proceeds From Damage or Loss to Buildings or Structures.

[R.O. 2011 §505.160; Ord. No. 537 §1, 11-8-1984]

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:

The insurer shall withhold from the covered claim payment twenty-five percent (25%) 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 for the expenses of demolition of such building as a "dangerous buildings/public nuisances", the monies held by the City shall be applied toward payment of 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.

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 Section 505.110. If the City has proceeded under the provisions of Section 505.110, all monies in excess of that necessary to comply with the provisions of Section 505.110 for the removal of the building or structure, less salvage value, shall be paid to the insured.

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 provided for in this Subsection.

No provision of this Section shall be construed to make the City a party to any insurance contract.