Editor's Note — Ord. no. 15-10 I §2 adopted August
1, 2008, repealed ch. 505 "dangerous buildings" and enacted new provisions
set out herein. Former ch. 505 derived from Code 1974 §§225.040
— 225.120; CC 1984 §§6-122 — 6-125, 6-136 —
6-141; ord. no. 4-14A §1(225.040 — 225.120), 9-19-1983;
ord. no. 4-14B §1, 12-14-1984; ord. no. 4-14C §§1 —
2, 7-17-2000; ord. no. 15-1G §1, 6-20-2005.
[Ord. No. 15-10I §1, 8-1-2008]
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 that may endanger the life, limb, health,
property, safety or welfare of the occupants of such buildings or
general public, and this Chapter shall apply to all dangerous buildings,
as herein defined, that now are in existence or that may hereafter
exist in the City of Farmington, Missouri.
[Ord. No. 15-10I §§2 —
3, 8-1-2008]
No officer, agent, or employee of the 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. Any suit brought against any officer, agent
or employee of the City as a result of any act required or permitted
in the discharge of his/her duties under this Chapter shall be defended
by the City Counselor until the final determination of the proceedings
thereupon.
[Ord. No. 15-10I §§2 —
3, 8-1-2008]
A.
All
buildings that are detrimental to the health, safety or welfare of
the residents of the City of Farmington and that have any or all of
the following defects shall be deemed "dangerous buildings":
1.
Those with interior walls, exterior walls, building envelope or other
vertical structural members that list, lean or buckle to such an extent
that a plumb line passing through the center of gravity fall outside
the middle third of its base.
2.
Those that, exclusive of the foundation, show thirty-three percent
(33%) or more damage or deterioration of the supporting member or
members or fifty percent (50%) damage or deterioration of the non-supporting
enclosing or outside wall or covering.
3.
Those that have improperly distributed loads upon the floors or roofs,
or in which the same are overloaded or that have insufficient strength
to be reasonably safe for the purpose used.
4.
Those that have been damaged by fire, wind or other causes as to
be dangerous to life, safety or general health and welfare of the
occupants or the people of the City.
5.
Those that are dilapidated, decayed, unsafe, unsanitary or that 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 cause injury to the health, safety or welfare
of those occupying such building.
6.
Those having light, air and sanitation facilities that 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 adequate means of evacuation.
8.
Those that have parts thereof that are so attached that they may
fall and injure members of the public or property.
9.
Those that because of their condition, are unsafe, unsanitary or
dangerous to the health, safety or general welfare of the people in
this City.
[Ord. No. 15-10I §§2 —
3, 8-1-2008]
All dangerous buildings as defined by Section 505.020 are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as provided in this Chapter.
[Ord. No. 15-10I §§2 —
3, 8-1-2008]
A.
The
following standards shall be followed in substance by the Building
Inspector and the Building Commissioner in ordering repair, vacation
or demolition of any dangerous building.
1.
If the dangerous building reasonably can be repaired so that it no
longer will 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 no longer
will 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. 15-10I §§2 —
3, 8-1-2008]
All City Police Officers and all other City of Farmington employees
so designated by the Mayor or City Administrator shall be Building
Inspectors within the meaning of this Chapter.
[Ord. No. 15-10I §§2 —
3, 8-1-2008]
A.
The
Building Inspector 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 that render such places
a dangerous building when he 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 of that building, wall or structure
is or may be existing in violation of this Chapter, and the Building
Inspector determines that there are reasonable grounds to believe
that such building is dangerous.
3.
Inspect any building, wall or structure reported by the 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, then service may be had by publication in a newspaper qualified to publish legal notices once each week for two (2) successive weeks, the owner, occupant, lessee, mortgagee, agent and all other persons having interest in said building as shown by the land records of the Recorder of Deeds of St. Francois County of any building found by him to be a dangerous building within the standards set forth in Section 505.020.
5.
Report in writing to the City Building Commissioner the non-compliance
with any notice to vacate, repair or demolish or upon the failure
to proceed continuously with the work without unnecessary delay.
6.
Appear at all hearings conducted by the Building Commissioner and
testify as to the condition of dangerous buildings.
7.
Immediately report to the Building Commissioner concerning any building
found by him to be inherently dangerous and that he determined to
be a nuisance per se. The Building Commissioner may direct that such
building be marked or posted with a written notice reading substantially
as follows:
"This building has been found to be a dangerous building by
the Building Inspector. This notice is to remain on this building
until it is repaired, vacated or demolished in accordance with the
notice that has been given the owner, occupant, lessee, mortgagee
or agent of his building, and all other persons having an interest
in said building as shown by the land records of the Recorder of Deeds
of St. Francois County. It is unlawful to remove this notice until
such notice is complied with."
B.
The
notice required shall state that:
1.
The owner must vacate, vacate and repair or vacate and demolish said
building in accordance with the terms of the notice and this Chapter;
2.
The occupant or lessee must vacate said building or have it repaired
in accordance with the notice and remain in possession;
3.
The mortgagee, agent or other persons having an interest in said
building as shown by the land records of the Recorder of Deeds of
St. Francois County, may, at his own risk, repair, vacate or demolish
or have such work done, provided 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;
4.
The notice provided for in this Section shall state a description
of the building or structure deemed dangerous, a statement of the
particulars that make the building or structure a dangerous building
and an order requiring the designated work to be commenced within
the time provided for in the above Subsection; provided however, that
the order by the Building Commissioner and the posting of said notice
shall not be constructed to deprive all persons entitled thereto by
this Chapter to the notice and hearing prescribed herein.
[Ord. No. 15-10I §§2 —
3, 8-1-2008; Ord. No. 15-12, 10-22-2018]
The Mayor, with the advice and consent of a majority of City
Council, shall appoint a resident to serve as Building Commissioner.
[Ord. No. 15-10I §§2 —
3, 8-1-2008]
A.
The
Building Commissioner shall have the power pursuant to this Chapter
to:
1.
Supervise all inspections required by this Chapter, and cause the
Building Inspector to make inspections and perform all the duties
required of him by this Chapter. Upon receiving a complaint or report
from any source that a dangerous building exists in the City, the
Building Commissioner shall cause an inspection to be made forthwith.
If the Building Commissioner deems it necessary to the performance
of his duties and responsibilities imposed herein, the Building Commissioner
may request an inspection and report be made by any other City department
or retain services of an expert whenever the Building Commissioner
deems such service necessary.
2.
Upon receipt of a report from the Building Inspector indicating failure
by the owner, lessee, occupant, mortgagee, agent or other person(s)
having interest in said building to commence work of reconditioning
or demolition within the time specified by this Chapter or upon failure
to proceed continuously with work without necessary delay, the Building
Commissioner shall hold a hearing giving the affected parties full
and adequate hearing on the matter.
3.
Written notice, either by personal service or by certified mail,
return receipt requested, or by publication once each week 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 St. Francois County to appear before the Building Commissioner
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 Building Inspector's notice as provided herein. Any
party may be represented by legal counsel and all parties shall have
an opportunity to be heard.
4.
Make written findings of fact from the evidence offered at said hearings to whether or not the building in question is a dangerous building within the terms of Section 505.020.
5.
If the evidence supports a finding based upon competent and substantial
evidence that the building or structure is a dangerous building, the
Building Commissioner shall issue an order based upon his or her findings
of fact commanding the owner, occupant, mortgagee, lessee, agent or
other person(s) having interest in said building as shown by the land
records of St. Francois County to repair, vacate or demolish any buildings
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 ordinances of this
City, or the owner or any person having an interest in said building
as shown by the land records of St. Francois County may vacate and
demolish said dangerous building at his 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 Building Commissioner shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant; and the Building Commissioner shall certify the cost of the work borne by the City 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 shall be deemed a personal debt against the property owner(s). Except as provided in Subsection (5) of this Section, at the request of the taxpayer 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 rate of two percent (2%) per annum until paid. As to damages or loss to a building or other structure caused by or arising out of any fire, explosion or other casualty loss, if an order is issued by the Building Commissioner as provided in Subsection (5) of this Section, and a special tax bill or assessment is issued against the property, it shall be deemed a personal debt against the property owner.
[Ord. No. 15-10I §§2 —
3, 8-1-2008]
A.
If
there are proceeds of any insurance policy based upon covered claim
payment made for damage or loss to building or other structure caused
by or arising out of any fire, explosion or other casualty loss, the
following procedure is established for the payment of insurance proceeds,
as set forth in Subdivisions (1) and (2) of this Subsection. This
Subsection shall apply only to a covered claim payment that 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 up to ten
percent (10%) of the covered claim payment, and shall pay such monies
to the City to deposit into an interest-bearing account.
2.
Any named mortgagee on the insurance policy shall maintain priority
over any obligation under the ordinance.
3.
The City shall release the proceeds and any interest that has accrued on such proceeds received under Subdivision (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 Subsection (A) of this Section. If the City has proceeded under the provisions of Subsection (A) of this Section, all monies in excess of that necessary to comply with the provision of Subsection (A) of this Section for the removal of the building or structure, less salvage value, shall be paid to the insured.
4.
If there are no proceeds of any insurance policy as set forth in Subsection (A) of this Section, at the request of the tax payer, the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from date of its issuance shall be a lien on the property and a personal debt against the property owner(s) until paid.
B.
Subsection (A) of this Section shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.
C.
Subsection (A) of this Section 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.
D.
The Building Commissioner may certify in lieu of payment of all or part of the covered claim under Subsection (A) that it has obtained satisfactory proof that the insured has removed or will remove the debris and repair, rebuild or otherwise make the premises safe and secure. In this event, the Building Commissioner shall issue a certificate within thirty (30) days after receipt of proof to permit covered claim payment to the insured without the deduction pursuant to Subsection (A) of this Section. It shall be the obligation of the insured or other person making the claim to provide the insurance company with the written certificate provided from this Subsection.
[Ord. No. 15-10I §§2 —
3, 8-1-2008]
Any owner, occupant, lessee, mortgagee, agent or any other person(s)
having an interest in a dangerous building as shown by the land records
or the Recorder of Deeds of St. Francois County may, within thirty
(30) days from the receipt of the order of the Building Commissioner,
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. 15-10I §§2 —
3, 8-1-2008]
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 Building Inspector shall report such facts to the Building Commissioner and the Building Commissioner may cause the immediate repair, vacation or demolition of such dangerous building. The cost of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in Section 505.080.
[Ord. No. 15-10I §§2 —
3, 8-1-2008]
[Ord. No. 15-10I §§2 —
3, 8-1-2008]
Any person violating the provisions of this Chapter is guilty
of a misdemeanor and upon conviction thereof shall be fined not more
than five hundred dollars ($500.00). Each day that a person fails
to comply with an order of the Building Commissioner may be deemed
a separate offense.
