[R.O. 2010 §565.010; Ord. No. 250 Art. I, 9-10-1979; Ord.
No. 387, 3-10-1997]
A.
Any
building or structure which has any or all of the following defects
shall be deemed a "dangerous and unsafe building":
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 the middle third 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 be 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 communications.
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. 2010 §565.020; Ord. No. 250 Art. II, 9-10-1979; Ord. No. 387, 3-10-1997]
A.
The
following standards shall be followed in ordering repair, vacation
or removal:
1.
If the "dangerous or unsafe building" can be reasonably 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 or unsafe 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 any case where a dangerous building is fifty percent (50%) damaged
or decayed or deteriorated from its original value or structure, it
shall be removed, 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 removed. In all cases where a "dangerous building"
is a fire hazard existing or erected in violation of any provision
of this Chapter or other ordinances of this City or Statute of the
State, it shall be repaired or removed.
4.
Dangerous buildings are nuisances. All dangerous
buildings within the terms of this Chapter are hereby declared to
be public nuisances and shall be repaired, vacated or removed as hereinbefore
and hereinafter provided.
5.
Buildings inspectors. All City Police Officers and
all other City employees so designated by the Mayor shall be "Building
Inspectors" within the meaning of this Chapter.
[R.O. 2010 §565.030; Ord. No. 250 Art. III, 9-10-1979; Ord. No. 387, 3-10-1997]
A.
The
Building Inspector shall have duties as follows:
1.
Inspect or cause to be inspected all public buildings, schools, halls,
churches, commercial, manufacturing or loft buildings and all dwellings
for the purpose of determining whether any conditions exist which
render such places to be dangerous buildings within the terms of this
Chapter, only upon complaint of any adult citizen of the City of LaGrange.
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 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 by publication in a newspaper qualified
to publish legal notices for two (2) successive weeks, the owner,
occupant, lessee, mortgagee, agent and all other persons having an
interest in said building as shown by the land records of the Lewis
County, Missouri, Recorder of Deeds or any building found by him/her
to be dangerous within the standards set forth by this Chapter, that:
a.
The structure is a nuisance.
b.
The owner must vacate the building if such be required and recondition
or remove said building in accordance with the terms of the notice
and the Chapter.
c.
The occupant or lessee must vacate said building or may have it reconditioned
in accordance with the notice and remain in possession.
d.
The mortgagee or agent or either person having an interest in said
building as shown by the land records of the Recorder of Deeds of
Lewis County, Missouri, may at his/her own risk recondition, vacate
or remove said building or have such work or act done, provided that
any person notified under this Chapter to repair, vacate or remove
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 unsafe or dangerous 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.
7.
Appear at all hearings conducted under this Chapter.
8.
Place a notice on all "dangerous buildings" reading 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 removed in accordance with this 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 this County. It is unlawful
to remove this notice until such notice is complied with."
[R.O. 2010 §565.040; Ord. No. 250 Art. IV, 9-10-1979; Ord. No. 387, 3-10-1997; Ord. No. 400 §1, 5-8-2000]
A.
The
Mayor shall act as Building Commissioner under this Chapter and his/her
duties shall be as follows:
1.
Upon receipt of a written report of a Building Inspector of failure
to commence work of reconditioning or removal within the time specified
or upon failure to proceed continuously with the work without unnecessary
delay as provided for in Section 565.030(6), the Building Commissioner
shall call and have a full and adequate hearing upon the matter, giving
at least ten (10) 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 this 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 or
unsafe building or structure should not be repaired, vacated or removed
in accordance with the statement of particulars set forth in the Building
Inspector's notice provided for in this Chapter.
2.
Hold a hearing and hear such testimony as the Building Inspector
or the owner, occupant, mortgagee, lessee or any other persons having
an interest in said building as shown by the land records of the County
shall offer relating to the dangerous building. Any party may be represented
by counsel and all parties shall have the opportunity to be heard.
3.
After the hearings, if the evidence supports a finding that the building or structure is a nuisance or detrimental to the health, safety or welfare of the residents of the City, the Building Commissioner or designated officer or officers shall issue an order making specific findings of fact, based upon competent and substantial evidence, which shows the building or structure to be a nuisance and detrimental to the health, safety or welfare of the residents of the City and order the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the County land records to remove or repair the building or structure. If the evidence does not support a finding that the building or structure is a nuisance or detrimental to the health, safety or welfare of the residents of the City, no order shall be issued. Any person so notified shall have the privilege of either vacating or repairing said dangerous building or any person not the owner of said dangerous building but having an interest in said building as shown by the land records of the County may remove said dangerous building at his/her own risk to prevent the acquiring of a lien against said land which said dangerous building stands on by the City, or a mechanic's lien by a contractor, as provided in Subsection (4) hereof.
4.
If the owner, occupant, mortgagee or lessee fails to comply with the order provided for in Subsection (3), and if the Building Commissioner issues an order whereby the building or structure is removed, secured or repaired or the property is cleaned up, the cost of performance shall be certified to the City Clerk who shall cause a special tax bill or assessment therefore against the property to be prepared and collected by the City Collector, unless the building or structure is removed, 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 is located. The contractor may enforce this lien as provided in Sections 429.010 to 429.360, RSMo. 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 deemed a personal debt against the property owner and shall also be a lien on the property until paid, which may be recovered in a suit against the owner.
5.
If the owner, occupant, mortgagee or lessee fails to comply with the order provided for in Subsection (3) hereof within thirty (30) days, the Mayor (Building Commissioner) shall cause such building or structure to be repaired, vacated or removed, as the facts may warrant, under the standards hereinbefore provided for in this Chapter and the cost of performance shall be certified and collected according to the procedures set forth in Subsection (4) hereof. In cases where delay will not cause additional or immediate danger to the health, safety or general welfare of the people of this City, the Mayor may notify the City Attorney to take legal action to force the owner to make all necessary repairs or remove the building or structure.
6.
Report to the City Attorney the names of all persons complying with
the order provided for in this Chapter.
7.
At the request of the taxpayer the special tax bill provided for
by Section 565.040(4) may be paid in installments over a period of
not more than ten (10) years; said assessment shall bear interest
at the rate of ten percent (10%) per annum until paid.
8.
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 casualty loss,
and 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:
a.
The insurer shall withhold from the covered claim payment 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; and
b.
The City shall release the proceeds and any interest which has accrued on such proceeds which the City received under Subsection (8)(a) 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 Subsection (4). If the City has proceeded under the provisions of Subsection (4), all monies in excess of that necessary to comply with the provisions of Subsection (4) for the removal, securing, repair and cleanup of the building or structure, and the lot on which it is located, less salvage value, shall be paid to the insured.
9.
Supervise all inspectors.
[R.O. 2010 §565.050; Ord. No. 250 Art. V, 9-10-1979; Ord.
No. 387, 3-10-1997]
Any owner, occupant, lessee, mortgagee, agent or any other person
having an interest in a dangerous building as shown by the land records
of this County may within thirty (30) days from receipt of the Mayor
(Building Commissioner) provided for by Section 565.040(3) of this
Chapter appeal such decision to the Circuit Court of this County pursuant
to the procedure established in Chapter 536, RSMo.
[R.O. 2010 §565.060; Ord. No. 250 Art. VI, 9-10-1979; Ord. No. 387, 3-10-1997]
In cases where it reasonably appears that there is immediate
danger to the life or safety of any person unless a "dangerous building"
as defined in this Chapter is immediately repaired, vacated or removed,
the Building Inspector shall report to the Mayor (Building Commissioner)
who shall cause immediate repair, vacation or removal of such building.
The costs of such emergency repair, vacations or removal of such building
shall be collected in the same manner as provided in Section 565.040(4).
[R.O. 2010 §565.070; Ord. No. 250 Art. VII, 9-10-1979; Ord. No. 387, 3-10-1997]
In cases, except emergency cases, where the owner, occupant,
lessee, 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 or all other persons having an interest in said
building as shown by the County Recorder of Deeds to the last known
address of each, and a copy of such notice shall be posted in a conspicuous
place on the dangerous building to which it relates. Such mailing
and posting shall be deemed adequate service.
[R.O. 2010 §565.080; Ord. No. 387, 3-10-1997]
Notwithstanding any applicable provisions of Section 82.300, RSMo., it shall be an ordinance violation for any owner to violate or fail to perform any order of the Building Commissioner under Sections 565.010 through 565.070 and upon conviction be fined up to one thousand dollars ($1,000.00), unless the owner of the property is not also a resident of the property, in which case the fine shall not exceed two thousand dollars ($2,000.00). Each day that such violation occurs shall be punishable as a separate offense under this Section.
