[R.O. 2010 § 505.010; CC 1996 § 505.010]
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 Bowling Green, Missouri.
[R.O. 2010 § 505.020; CC 1996 § 505.020]
A.
All buildings or structures that are detrimental
to the health, safety or welfare of the residents of the City 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 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 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 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. 2010 § 505.030; CC 1996 § 505.030]
All dangerous buildings or structures, as defined by Section 505.020 of this Chapter, are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided herein.
[R.O. 2010 § 505.040; CC 1996 § 505.040]
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 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 this City or Statute of the State
of Missouri, it shall be repaired or demolished.
[R.O. 2010 § 505.050; CC 1996 § 505.050]
The Building Inspector shall be the
Building Inspector(s) within the meaning of this Chapter.
[R.O. 2010 § 505.060; CC 1996 § 505.060; Ord. No. 1523 §§ I — II, 5-15-2006]
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 place 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 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 for two (2) consecutive 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 Recorder of Deeds of Pike County of any building found by him/her to be a dangerous building within the standards set forth in Section 505.020. The notice required shall state that:
a.
The owner must repair, 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 Pike County 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 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, a statement indicating that as a dangerous building,
said building or structure constitutes a nuisance 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 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 Pike 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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[R.O. 2010 § 505.065; Ord. No. 1523 § III(505.065), 5-15-2006]
A.
It shall be unlawful for the owner of any
dwelling or dwelling unit upon whom a notice of violation or compliance
order has been served to sell, transfer, mortgage, lease or otherwise
dispose of the dwelling to another until the provisions of the notice
of violation or compliance order have been complied with or until
such owner shall first furnish to the grantee, lessee or mortgagee
a true copy of any notice of violation or compliance order issued
by the Building Commissioner. A transferee, lessee or mortgagee who
has received actual or constructive notice of the existence of a notice
of violation or compliance order shall be bound by such notice as
of the date of the transfer without further service or notice upon
him/her.
B.
The owner to whom a dwelling or dwelling
unit has been transferred may consent to make repairs, which have
been required by a notice of violation from the Building Commissioner,
by signing an agreement with the City agreeing to make the repairs
required by the violation notice on or before a date as determined
by the Building Commissioner. Upon receipt of such agreement, the
Building Commissioner may issue an occupancy permit to be held by
the City until such time as the repairs are completed by the new owner
of the dwelling or dwelling unit. The form of this agreement shall
contain the following:
[R.O. 2010 § 505.070; CC 1996 § 505.070]
The City Administrator shall act
as Building Commissioner under this Chapter.
[R.O. 2010 § 505.080; CC 1996 § 505.080]
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/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 service necessary.
2.
Upon receipt of a report from the
Building Inspector indicating failure by the owner, lessee, occupant,
mortgagee, agent or other persons(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.
a.
Written notice of said hearing shall be given either by personal
service or by certified mail, return receipt requested, or if service
cannot be had by either of those modes of service, then by publication
in a newspaper qualified to publish legal notices, at least ten (10)
days in advance of the 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 Pike 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.
b.
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 505.020 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 and a nuisance and detrimental to
the health, safety or welfare of the residents of the City, 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 of Pike 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 this City or the owner or any person having
an interest in said building as shown by the land records of Pike
County 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 building or structure is a dangerous
building or a nuisance or detrimental to the health, safety or welfare
of the residents of the City, 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 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 cleanup 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 is located. The contractor may enforce this lien as provided in Sections 429.010 to 429.360, RSMo. Except as provided in Subsection (A)(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 eight percent (8%) 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 (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 Subsections (A)(6)(a) and (A)(6)(b) 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:
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 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 shall release the proceeds and any interest that has accrued on such proceeds received under Subsection (A)(6)(a) 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)(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 cleanup 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 (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.
8.
Subsection (A)(6) of this Section shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.
9.
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.
[R.O. 2010 § 505.090; CC 1996 § 505.090]
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 Pike County
may, within thirty (30) days from the receipt of the order of the
Building Commissioner, appeal such decision to the Circuit Court of
Pike County pursuant to the procedure established in Chapter 536,
RSMo.
[R.O. 2010 § 505.100; CC 1996 § 505.100]
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. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in Section 505.080, Subsection (5) et seq.
[R.O. 2010 § 505.110; CC 1996 § 505.110]
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 or who shall fail to proceed continuously without unnecessary delay; and any person removing any notices provided for in this Chapter; and any person violating any other provisions of this Chapter shall be guilty of an ordinance violation and upon conviction thereof shall be fined as set forth in Chapter 100, Article III, of this Code. Each day that a person fails to comply with an order of the Building Commissioner may be deemed a separate offense.
