City of Park Hills, MO Building Commissioner

[R.O. 2016 § 510.080; CC 1994 § 45.310]

The Building Commissioner shall have the power to:

Supervise all inspections and inspectors required by this Chapter, and cause the Director of Community Development 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 and public nuisance 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/her 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.

Upon receipt of a report from the Director of Community Development 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 unnecessary delay, the Building Commissioner shall hold a hearing giving the affected parties full and adequate hearing on the matter.

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 for ten (10) 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 and public nuisance should not be repaired, vacated, or demolished in accordance with the statement of particulars set forth in the Director of Community Development's notice as provided herein.

Any party may be represented by counsel and all parties shall have an opportunity to be heard.

Make written findings of fact from the evidence offered at said hearing as to whether or not the building in question is a dangerous building and public nuisance within the terms of this Chapter.

If the evidence supports a finding based upon competent and substantial evidence that the building or structure is a dangerous building and public nuisance, the Building Commissioner shall issue an order based upon its findings of fact commanding the owner, occupant, mortgagee, lessee, agent, or other person(s) having an interest in said building as shown by the land records of St. Francois County to repair, vacate, or demolish any building found to be a dangerous building and public nuisance and to clean up the property, 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 wherein the land is may vacate and demolish said dangerous building and public nuisance at his/her own risk to prevent the acquiring by the City of the lien against the land where the dangerous building and public nuisance stands. If the evidence does not support a finding that a building or structure is a dangerous building and public nuisance, no order shall be issued.

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 and the property cleaned up 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 or clean up 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) unless the building or structure is demolished, secured, or repaired by a contractor pursuant to an order issued by the City and such contractor files a mechanic's lien against the property where the dangerous building and public nuisance is located. The contractor may enforce this lien as provided in the Revised Statutes of Missouri. Except as provided in 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 eight percent (8%) per annum until paid.

As to damage 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 (A)(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. 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 following procedure is established for the payment of up to twenty-five percent (25%) of the insurance proceeds, as set forth in this Section. This Section 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.

The insurer shall withhold from the covered claim payment up to 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 this Chapter.

The City shall release the proceeds and any interest that has accrued on such proceeds received under this Section to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after the receipt of such insurance monies, unless the City has instituted legal proceedings under the provisions of Subsection (A)(5) of this Section. If the City has proceeded under the provisions of Subsection (A)(5) of this Section, all monies in excess of that necessary to comply with the provisions of Subsection (A)(5) of this Section for the removal, securing, repair, and clean up of the building or structure and the lot on which it is located, less salvage value, shall be paid to the insured.

If there are no proceeds of any insurance policy as set forth in Subsection (A)(6) of this Section, at the request of the taxpayer, 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.

Subsection (A)(6) of this Section shall apply to fire, explosion, or other casualty loss claims arising on all buildings and structures.

Subsection (A)(6) 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.

10.

The Building Commissioner may certify in lieu of payment of all or part of the covered claim under Subsection (A)(6) 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)(6) 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.