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 Rogersville, Missouri.
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.
The Building Inspector shall be the Building Inspector(s) within
the meaning of this Chapter.
[Ord. No. 627 §3, 10-6-2008]
A. The Board of Aldermen shall designate a Building Commission ("Commission") to act as the Governing Body regarding dangerous buildings under this Chapter and the Commission may establish such rules or procedures as needed to accomplish the duties set forth in Section
505.080 and shall cause a copy of such rules or procedures to be filed with the City Clerk.
B. The
Commission shall act as the Governing Body in regards to dangerous
buildings.
C. The
Building Commission shall consist of the Board of Aldermen and Mayor
of the City of Rogersville.
[Ord. No. 627 §3, 10-6-2008]
A. The
Commission 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 duties required
of the Building Inspector by this Chapter. Upon receiving a complaint
or report from any source that a dangerous building exists in the
City, the Commission shall cause an inspection to be made forthwith.
If the Commission deems it necessary to the performance of the Commission's
duties and responsibilities imposed herein, the Commission may request
an inspection and report be made by any other City department or retain
services of an expert whenever the Commission 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 person(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 Commission
shall cause a hearing to be held giving the affected parties full
and adequate hearing on the matter.
a. Written notice, either by personal service or by certified mail,
return receipt requested, or by publication for two (2) successive
weeks, at least twenty-one (21) days in advance of a hearing date,
to the owner of record, 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 the Commission on the date specified in
the notice to show cause why the building or structure reported to
be a dangerous building shall 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.
c. Evidence may be received by the Commission in the manner set forth
in Section 536.070, RSMo.
3. The Commission shall make written findings of fact and conclusions of law in substantially the form required by Section 536.090, RSMo., 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.
4. If the evidence supports a finding based upon competent and substantial
evidence that the building or structure is a dangerous building, the
Commission shall issue an order based upon its findings of fact and
conclusions of law commanding the owner, occupant, mortgagee, lessee,
agent or other person(s) 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/her own risk to prevent the acquiring by
the City of the lien against the land where the dangerous building
stands. If the findings of fact and conclusions of law or that the
evidence does not support a finding that a 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 Commission shall forward the order to abate to the appropriate City department(s) and such department(s) shall cause such building or structure to be repaired, vacated or demolished and the property cleaned up as the facts may warrant. If the Commission issues an order whereby the building or structure is demolished, secured or repaired or the property is cleaned up, the cost of performance shall be certified to the City Clerk or officer in charge of finance by the Commission, who shall cause a bill to be prepared and sent to the property owner(s) for payment. In case of non-payment, a special tax bill or assessment against the property shall be sent to the County Collector or other official for collection of taxes, 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 Section
505.090, 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 deemed a personal debt against the property owner and shall also be a lien on the property until paid. Said tax bill or assessment shall bear interest at a 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 Commission as provided in Subsection
(5) of this Section, and a bill or 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 Subdivisions (a) and (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 the ordinance.
b. The City shall release the proceeds and any interest that has accrued on such proceeds received under Subdivision (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
(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 of the building or structure, 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 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 claim arising on all buildings and structures.
9. Subsection
(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 Commission may certify in lieu of payment of all or part of the covered claim under Subsection
(6) that the Commission 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 Commission 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 from this Subsection.
[Ord. No. 627 §3, 10-6-2008]
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 the County wherein the land is located
may, within thirty (30) days from the receipt of the order of the
hearing officer, appeal such decision to the Circuit Court of the
County wherein the land is located, pursuant to the procedure established
in Chapter 536, RSMo.
[Ord. No. 627 §3, 10-6-2008]
In cases where it reasonably appears that there is immediate
danger to the health, life or safety of any person from a dangerous
building, as defined herein, the Building Inspector shall report such
facts to the Commission or Mayor. The Commission or Mayor may cause
the immediate repair, vacation or demolition of such dangerous building.
If the Commission or Mayor are not available, the City Administrator
or Building Inspector shall have the power to 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(5).