[Ord. No. 88-10 §1, 6-7-1988]
There is hereby created the position of City Building Inspector.
[Ord. No. 88-10 §2, 6-7-1988]
The City Building Inspector shall be charged with all duties now or hereafter required by ordinance, including the enforcement of this Chapter 505.
[Ord. No. 789 §1, 4-16-1974]
These regulations shall be known as the "Dangerous Building
Code" of the City of Albany, Missouri, may be cited as such, and will
be referred to hereinafter as "this Chapter."
[Ord. No. 789 §2, 4-16-1974]
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 which may endanger the life, limb, health,
property, safety or welfare of the occupants of such buildings or
to the general public, and provide a means to dispose of all buildings
and structures which are dilapidated, decayed, unsafe or vacant and
this Chapter shall apply to all dangerous buildings, as herein defined,
which are now in existence or which may hereafter exist in the City
of Albany, Missouri.
[Ord. No. 789 §3, 4-16-1974]
A.
All
buildings or structures which have any or all of the following defects
shall be deemed "dangerous buildings":
1.
Those whose interior walls or other vertical structural members lift,
lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of 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 become dangerous to life, safety, or the general health and welfare
of the occupants or the people of the City of Albany, Missouri.
5.
Those which 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 welfare
of those occupying such building.
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 live herein.
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 communication.
8.
Those which have parts thereof which are so attached that they may
fall and injure members of the public or property.
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.
10.
Those which are uninhabited and are open at door, window, wall or
roof.
11.
Those in the process of demolition upon which no substantial work shall have been performed for a period of fourteen (14) days immediately next to the time a notice shall be issued to complete the demolition thereof under Section 505.080 of this Chapter.
12.
Those containing therein and or upon the premises thereon substantial
accumulations of trash, garbage or other materials susceptible to
fire, or constituting or providing a harboring place for vermin or
other obnoxious animals or insects or in any way threatening the health
of the occupants thereof or the health of persons in the vicinity
thereof.
[Ord. No. 789 §4, 4-16-1974]
All "dangerous buildings" within the terms of Section 505.050 of this Chapter are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as provided herein.
[Ord. No. 789 §5, 4-16-1974]
A.
The
following standards shall be followed in substance by the City Building
Inspector and the Board of Aldermen, in ordering repair, vacation
or demolition of any dangerous building.
1.
If the "dangerous building" can reasonably be 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 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 "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 ordered
repaired or demolished.
4.
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 ordered demolished.
[Ord. No. 789 §6, 4-16-1974]
A.
The
City Building Inspector 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 which render such places
a "dangerous building" when he 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 City Building
Inspector determines that there are reasonable grounds to believe
that such building is dangerous.
3.
Inspect any building, wall, or structure reported by 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) 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 Recorder of Deeds of Gentry County of any building found by him to be a "dangerous building" within the standards set forth in Section 505.050 of this Chapter. The notice required shall state that:
a.
The owner must vacate, vacate and repair, or vacate and demolish
said building in accordance with the terms of the notice of 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 own risk, repair,
vacate or demolish or have such work done; provided, that any person
notified under this Subsection to repair, vacate or demolish any building,
shall be given such reasonable time not exceeding thirty (30) days
to commence the required work unless in the judgment of the City Building
Inspector it is determined to be necessary to extend such time to
commence the 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 which make the building or structure a "dangerous building"
and an order requiring the designated work to be commenced within
the time, or extension thereof, provided for in the above Subsection.
6.
Report in writing to the Board of Aldermen, the non-compliance with
any notice to vacate, repair or demolish.
7.
Appear at all hearings conducted by the Board of Aldermen and testify
as to the condition of "dangerous buildings."
8.
Immediately report to the Board of Aldermen concerning any building
found by him to be inherently dangerous and which he determines to
be a nuisance per se. By resolution, the Board may direct that such
building be marked or posted with a written notice reading substantially
as follows:
"This building has been found to be a dangerous building by
the City Building Inspector, this notice is to remain on this building
until it is repaired, vacated or demolished in accordance with the
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 Gentry County. It is unlawful to remove this notice until such
notice is complied with."
B.
Provided
however, that the adoption of such a Resolution by the Board of Aldermen,
and the posting of said notice, shall not be construed to deprive
all persons entitled thereto by this Chapter to the notice and hearing
described herein.
[Ord. No. 789 §7, 4-16-1974]
A.
The
Board of Aldermen shall have the power pursuant to this Chapter to:
1.
Supervise all inspections required by this Chapter, and cause the
City Building Inspector to make inspections and perform all the duties
required of him by this Chapter. Upon receiving a complaint or report
from any source, that a dangerous building exists in the City, the
Board shall cause an inspection to be made forthwith. If the Board
deems it necessary to the performance of its duties and responsibilities
imposed herein, it may request an inspection and report be made to
it by any other City department or retain services of an expert whenever
the Board deems such service necessary.
2.
Upon receipt of a report of the Building Inspector, give 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, at least twenty-one (21) 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 the County wherein
the land is located, to appear before it 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 provided for herein.
3.
Upon receipt of a report of the City and after having given the notice
required, the Board of Aldermen shall hold a hearing and hear such
testimony as the City and the owner, occupant, mortgagee, lessee or
any other person 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, shall offer relative to the "dangerous building."
4.
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 505.050.
5.
If the evidence supports a finding based upon competent and substantial
evidence that the building or structure is a "dangerous building,"
the City Board shall issue an order based upon its findings of fact
commanding the owner, occupant, mortgagee, lessee, agent or other
persons having an interest in said building as shown by the land records
of the county wherein the land is located, to repair, vacate or demolish
any building found to be a "dangerous building," 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 the County
wherein the land is located, may vacate and demolish said "dangerous
building" at his 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," no order shall be issued.
6.
If the owner, occupant, mortgagee or lessee fails to comply with
the order within thirty (30) days, the Board of Aldermen shall cause
such building or structure to be repaired, vacated or demolished as
the facts may warrant; and the Board of Aldermen shall certify the
charge for such repair, vacation or demolition to the City Clerk as
a special assessment represented by a special tax bill against the
real property affected; said tax bill from date of its issuance shall
be a personal debt against the property owner and shall be a lien
upon said property until paid and be enforced to the same extent and
in the same manner as all other special tax bills. Except as provided
for in Section 505.160, 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.
A.
Appeal by the interested parties described in Section 505.090, from the determination of the Building Commissioner or designated officer or officers to the Circuit Court as established in Sections 536.100 to 536.140, RSMo., if a proper record as defined in Section 536.130, RSMo., is maintained of the hearing provided by Subsection (4) of Section 505.090; otherwise, the appeal shall be made pursuant to the procedures provided by Section 536.150, RSMo.
B.
In any appeal as provided by this Section, any person who owns or occupies property located within one thousand two hundred (1,200) feet of the perimeter of the building or structure which is the subject of the suit shall be allowed to present evidence to the court on behalf of the City, town, village or County having a charter form of government, of the condition of the building or structure, whether or not such person presented such evidence at the hearing provided by Subsection (3) of Section 505.090. The appellant before the court shall have the opportunity to cross-examine any such person presenting evidence to the court.
[Ord. No. 789 §9, 1-16-1974]
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, the Building Inspector shall report such facts to the
Board of Aldermen, and the Board of Aldermen, by resolution, 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 this Chapter.
[Ord. No. 789 §10, 4-16-1974]
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 Board of Aldermen shall be guilty of a misdemeanor and upon conviction shall be punishable as set forth in Section 505.130 of this Chapter.
[Ord. No. 789 §11, 4-16-1974]
Any person violating the provisions of this Chapter is guilty
of a misdemeanor and upon conviction thereof, shall be fined not more
than five hundred dollars ($500.00), or be imprisoned in the City
Jail for not more than ninety (90) days, or be both so fined and imprisoned.
Each day that a person fails to comply with an order of the Board
of Aldermen may be deemed a separate offense.
[Ord. No. 789 §12, 4-16-1974]
No officer, agent or employee of the City of Albany shall be
personally liable for any damage that may occur to any persons or
property as a result of any act required of him or permitted to be
taken by him under the terms of this Chapter. Any suit brought against
any such officer, agent or employee of the City as a result of any
such acts required or permitted shall be defended by the City Attorney
until the final determination of the proceedings, and if judgment
shall be obtained it shall be paid by the City of Albany. It is hereby
further declared that no officer, agent or employee of the City of
Albany owes any duty under the provisions of this Chapter to any citizen
or other individual but the duties prescribed herein and imposed upon
officers, agents or employees of the City are duties to be performed
for the government of said City.
[Ord. No. 991 §1, 11-20-1984]
A.
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,
and if 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 the following procedure shall apply:
1.
The insurer shall withhold from the covered claim payment ten percent
(10%) of the covered claim payment, and shall pay that amount 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 Section. If a special tax bill or assessment is issued
by the City for the expenses of demolition of such building as a dangerous
building, the monies held by the City shall be applied toward payment
of special tax bill or assessment. If there is any excess, it shall
be paid by the City to the insured or as the terms of the policy,
including any endorsements thereto, provide.
2.
The City shall release the proceeds and any interest which 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 money, unless the City has instituted legal proceedings under the provisions of Sections 505.080 — 505.110 of this Chapter. If the City has proceeded under the provisions of Sections 505.080 — 505.110 of this Chapter, all monies in excess of that necessary to comply with the provisions of said Sections for the removal of the building or structure, less salvage value, shall be paid to the insured.
3.
The City may certify that, in lieu of payment of all or part of the
covered claim payment under this Section, it has obtained satisfactory
proof that the insured has or will remove debris and repair, rebuild
or otherwise make the premises safe and secure. In this event, the
City shall issue a certificate within thirty (30) days after receipt
of proof to permit covered claim payment to the insured without deduction.
It shall be the obligation of the insured or other person making claim
to provide the insurance company with the written certificate provided
for in this Subsection.
4.
No provision of this Section shall be construed to make the City
a party to any insurance contract.
