[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.
[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.
[CC 1996 §505.050]
The Building Inspector shall be the Building Inspector(s) within
the meaning of this Chapter.
[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;
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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.
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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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[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:
2. Description and location of the dwelling or dwelling unit.
3. List of all required repairs.
4. The date upon which repairs will be completed.
5. Executed and notarized signatures by both the new owner and the Building
Commissioner.
[CC 1996 §505.070]
The City Administrator shall act as Building Commissioner under
this Chapter.
[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.
[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.
[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 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.