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.
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 (⅓) 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.
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.
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.
The Building Inspector shall be the Building Inspector(s) within
the meaning of this Chapter.
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 the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the building or structure, as shown by the land records of the Recorder of Deeds of Webster County, of any building or structure found by him/her to be a dangerous building or structure within the standards set forth in Section 505.020. Such notice shall be in writing and shall be given 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 notice required shall state that:
a.
The owner must vacate, 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
Webster 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 Webster 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. 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).
[1]
Editor's Note — Ord. no. 627 §3, adopted October 6, 2008, repealed sections 505.070 "building commissioner", 505.080 "duties of the building commissioner", 505.090 "insurance proceeds — how handled", 505.100 "appeal", 505.110 "emergencies" and 505.120 "violations — disregarding notices or orders" and enacted new provisions set out above in sections 505.070 — 505.100.
