[R.O. 2011 §505.010; CC 1974 §41.010]
A. All
buildings or structures which have any or all of the following defects
shall be deemed "dangerous buildings/public nuisances":
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 falls outside of the middle third (3rd) 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 have become dangerous to life, safety, or the general health and
welfare of the occupants or the people of this City.
5. 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.
6. 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.
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 and injure property or members of the public.
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.
[R.O. 2011 §505.020; CC 1974 §41.020]
A. The
following standards shall be followed in ordering repair, vacation,
or demolition:
1. 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.
2. 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.
3. 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.
[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.
[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.
[R.O. 2011 §505.050; CC 1974 §41.050]
A. The
Building Inspector shall:
1. 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.
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.
3. Inspect any building, wall or structure reported as probably existing
in violation of the terms of this Chapter.
4. 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:
a. The owner must vacate, 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 may have it repaired
in accordance with the notice and remain in possession;
c. 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.
5. 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.
6. Report in writing to the Mayor any non-compliance with the notice provided for in Subsection
(4) and
(5) hereof.
7. Appear at all hearings conducted under this Chapter.
8. 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."
[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.
[R.O. 2011 §505.100; CC 1974 §41.060]
The Mayor shall act as Building Commissioner under this Chapter.
[R.O. 2011 §505.110; CC 1974 §41.070; Ord. No. 614 §§I — II, 9-10-1990]
A. The
Mayor (Building Commissioner) shall:
1. 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).
2. 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.
3. 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.
4. 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.
5. 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.
6. Report to the City Attorney the names of all persons not complying with the order provided for in Subsection
(4) hereof.
7. 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.
[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.
[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).
[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.
[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.
[R.O. 2011 §505.160; Ord. No. 537 §1, 11-8-1984]
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 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.
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 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.
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 provided
for in this Subsection.
4. No provision of this Section shall be construed to make the City
a party to any insurance contract.