[R.O. 2012 §515.010; Ord. No. 420 §1, 4-14-1998]
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
the 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 Normandy, Missouri.
[R.O. 2012 §515.020; Ord. No. 420 §2, 4-14-1998]
A.
All
buildings or structures that are detrimental to the health, safety
or welfare of the residents of the City of Normandy, and that have
any or all of the following defects shall be deemed "dangerous
buildings":
1.
Those with interior walls or other vertical structural members that
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside the middle third of its base.
2.
Those that, exclusive of the foundation, show ten percent (10%) or
more damage or deterioration of the supporting member or members,
or twenty percent (20%) damage or deterioration of the non-supporting
enclosing or outside walls 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 so as
to become dangerous to life, safety or the general health and welfare
of the occupants or the people of the City.
5.
Those that are so 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 work 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 their property.
9.
Those that because of their condition are unsafe, unsanitary or dangerous
to the health, safety or general welfare of the people of this City.
[R.O. 2012 §515.030; Ord. No. 420 §3, 4-14-1998]
All dangerous buildings, as defined by Section 515.020, are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as provided herein.
[R.O. 2012 §515.040; Ord. No. 420 §4, 4-14-1998; Ord. No. 633 §1, 12-7-2010]
A.
The
following standards shall be followed in substance by the Building
Inspector and the Building Commissioner in ordering the repair, vacation
or demolition of any dangerous building.
1.
If the dangerous building can reasonably 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 the City of Normandy, or Statute of the State of Missouri, it shall
be repaired or demolished.
5.
Upon a determination that the cost to repair the dangerous building,
so as to bring it into compliance with this Chapter, would exceed
the fair market value of the building, it shall be demolished. This
Section shall not apply to any building designated as a historic structure
by any authorized Federal, State, or local agency, or governmental
entity.
[R.O. 2012 §515.050; Ord. No. 420 §5, 4-14-1998]
All Police Officers and all other employees of the City of Normandy,
Missouri, so designated by the Mayor of the City of Normandy, shall
be Building Inspectors within the meaning of this Chapter.
[R.O. 2012 §515.060; Ord. No. 420 §6, 4-14-1998; Ord. No. 656 §1, 10-2-2012]
A.
The
Building Inspector(s) 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
to be a dangerous building when he/she 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 that a 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 Normandy
Fire District or the Normandy Police Department 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 at least one (1) publication in a newspaper of general circulation in the City of Normandy and by posting a copy in some permanent place on the premises, 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 St. Louis County of any building found by him/her to be a dangerous building within the standards set forth in Section 515.020.
The notice required shall state that:
a.
The owner must vacate, vacate and repair, or vacate and demolish
said building and clean up the lot or property on which the building
is located in accordance with the terms of the notice and this Chapter.
b.
The occupant or lessee must vacate said building or have it repaired
in accordance with the notice and remain in possession.
c.
The mortgagee, agent or other persons having an interest in said
building as shown by the land records of the Recorder of Deeds of
the County wherein the land is located may, at his/her own risk, repair,
vacate or demolish the building and clean up the property or have
such work done; provided, that any person notified under this Subsection
to repair, vacate or demolish any building or clean up the property
shall be given such reasonable time not exceeding thirty (30) days
to commence and complete the required work.
5.
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.
6.
Report in writing to the City Building Commissioner and City Prosecutor
the non-compliance with any notice to vacate, repair, demolish, clean
up the property or upon the failure to proceed continuously with the
work without unnecessary delay.
7.
Appear at all hearings conducted by the Building Commissioner and
testify as to the condition of dangerous buildings.
8.
Immediately report to the Building Commissioner concerning any building
found by him/her to be inherently dangerous and that he/she 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:
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"This building has been found to be a dangerous building by
the Building Inspector. This notice is to remain on this building
and/or property until it is repaired, vacated or demolished and the
property is cleaned up in accordance with the notice that 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 St. Louis County.
It is unlawful to remove this notice until such notice is complied
with."
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Provided however, that the order by the Building Commissioner
and the posting of said notice, shall not be construed to deprive
all persons entitled thereto by this Chapter to the notice and hearing
prescribed herein.
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[Ord. No. 666 §4, 9-3-2013]
The Mayor, with the approval of the Council, shall appoint a
Building Commissioner to perform the functions required of the Building
Commissioner pursuant to the City's Municipal Code. The Building
Commissioner is authorized to designate any Deputy Building Commissioners
he/she sees fit to perform any of the duties of the Building Commissioner.
[R.O. 2012 §515.070; Ord. No. 420 §7, 4-14-1998; Ord. No. 656 §2, 10-2-2012]
A.
The
Building Commissioner shall have the powers and duties 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/her 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/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 services necessary.
2.
Hold hearings concerning any property found by the Building Inspector
to be dangerous, and which a notice was issued pursuant to Section
515.060(4). Such hearing shall afford all affected parties full and
adequate hearing on the matter. The date of the hearing shall be set
forth in any notice issued by the Building Inspector pursuant to Section
515.060(4). 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 evidence offered at said hearing as to whether or not the building in question is a dangerous building within the terms of Section 515.020 of this Chapter.
4.
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 its findings
of fact commanding the owner, occupant, mortgagee, lessee, agent or
other persons(s) having an interest in said building as shown by the
land records maintained by the Recorder of Deeds of St. Louis County
to repair, vacate or demolish any building found to be a dangerous
building 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 the City of Normandy, or the owner or any person having an interest
in said building as shown by the land records of the County wherein
the land is located, may vacate and demolish said dangerous building
at his/her 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 dangerous building or structure
is a dangerous building, no order shall be issued.
5.
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 shall certify the cost of the work borne, by the City of Normandy, for such repair, vacation or demolition (including administrative costs and inspection fees) 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 that building or structure is demolished, secured or repaired by a contractor pursuant to an order issued by the City of Normandy, and such contractor files a mechanic's lien against the property where the dangerous building is located. The contractor may enforce this lien as provided in Sections 429.010 to 429.360, RSMo. Except as provided in Subsection (6) 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 eighteen percent (18%) per annum until paid.
6.
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 (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 Subsections (1) and (2) of this Section. 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:
a.
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 of Normandy, to deposit into an interest-bearing account.
Any named mortgagee on the insurance policy shall maintain priority
over any obligation under this Chapter.
b.
The City of Normandy, shall release the proceeds and any interest that 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 of Normandy, has instituted legal proceedings under the provisions of Subsection (5) of this Section. If the City of Normandy has proceeded under the provisions of Subsection (5) of this Section, all monies in excess of that necessary to comply with the provisions of Subsection (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.
7.
If there are no proceeds of any insurance policy as set forth in Subsection (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 the date of its issuance shall be a lien on the property and a personal debt against the property owner(s) until paid.
8.
Subsection (6) of this Section shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.
9.
Subsection (6) of this Section does not make the City of Normandy 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 that in lieu of payment of all or part of the covered claim payment under Subsection (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 (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 for in this Subsection.
11.
The City of Normandy, shall also recover from the property owner
its reasonable attorney's fees, collection costs, and court costs
incurred in filing or enforcing the lien or incurred in collecting
any amount due under this Chapter.
[R.O. 2012 §515.080; Ord. No. 420 §8, 4-14-1998]
Any owner, occupant, lessee, mortgagee, agent or any other person(s)
having an interest in a dangerous building as shown by the land records
of the Recorder of Deeds of St. Louis County, wherein the land is
located, may, within thirty (30) days from receipt of the order of
the Building Commissioner, appeal such decision to the Circuit Court
of St. Louis County, wherein the land is located, pursuant to the
procedure established in Chapter 536, RSMo.
[R.O. 2012 §515.090; Ord. No. 420 §9, 4-14-1998]
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 and the property is cleaned up, 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 and cleanup of the property. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in Section 515.070.
[R.O. 2012 §515.100; Ord. No. 420 §10, 4-14-1998]
A.
The owner, occupant or lessee in possession of any dangerous building who shall fail to comply with the order to repair, vacate or demolish said building given by the Building Commissioner shall be guilty of an ordinance violation and upon conviction shall be punishable as set forth in Section 100.210 of this Code.
