Cross References — Building, ch. 500; electricity, ch. 515; fire prevention and protection, ch. 205; housing, ch. 510; mobile homes, ch. 535; planning and zoning commission, ch. 415; plumbing, ch. 530; urban renewal, ch. 410; utilities, title VII; subdivisions, §400.020; zoning, §400.010; housing authority, §§410.010 et seq.; land clearance for redevelopment, §§410.140 et seq.
[R.O. 2012 §505.010; Ord. No. 90-9-5 §1, 11-5-1990; Ord. No. 94-6-2 §§I — II, 6-6-1994; Ord. No. 99-5-8 §1, 5-3-1999]
A.
The
following conditions with respect to any building or structure have
been determined to be detrimental to the health, safety, and welfare
of the residents of the City of Excelsior Springs, and therefore constitute
a dangerous building being a public nuisance:
1.
Those whose exterior or interior walls or other vertical structural
members list, lean or buckle to such an extent that a plumb line passing
through the center of gravity of any such wall or vertical structural
members fall outside of the middle third (3rd) 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.
Whenever the stress in any materials, member or portion thereof,
due to all dead and live loads, is more than one and one-half (1½)
times the working stress or stresses allowed in the Building Code
for new buildings of similar structure, purpose or location.
4.
Those which have improperly distributed loads upon the floors, roofs,
or other horizontal structural members, or in which the same are overloaded,
or which have insufficient strength or deflections to be reasonably
safe for the purpose used or intended to be used.
5.
Whenever any portion thereof has cracked, warped, buckled or settled
to such an extent that walls or other structural portions have materially
less resistance to winds or earthquakes than is required in the case
of similar new construction.
6.
Those or any portion thereof which, because of:
a.
Dilapidation, deterioration or decay;
b.
Faulty construction;
c.
The removal, movement or instability of any portion of the ground
necessary for the purpose of supporting such building;
d.
The deterioration, decay or inadequacy of its foundation; or
e.
Any other cause, is likely to partially or completely collapse.
7.
Those which have been damaged by fire, wind, flood, vandals or any
other causes so as to have become dangerous to life, safety or the
general health and welfare of the occupants or the people of the City.
8.
Those which are uninhabited and are open at door, window, wall or
roof.
9.
Those which are manifestly unsafe for the purpose for which it is
being used.
10.
Those under construction upon which no current building permit is
held and no substantial work shall have been performed for the immediately
preceding thirty (30) days.
11.
Those in the process of demolition upon which no current demolition
permit is held and no substantial work shall have been performed for
the immediately preceding fourteen (14) days or those which have any
portion of a building or structure remaining on a site after the demolition
or destruction of the building or structure or whenever any building
or structure is abandoned for a period in excess of six (6) months
so as to constitute such building or portion thereof an unattractive
nuisance or hazard to the public.
12.
Those containing therein substantial accumulations of trash, garbage
or other materials susceptible to fire, or constituting or proving
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.
13.
Those which are used or intended to be used for dwelling purposes,
because of inadequate maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light, air or sanitation facilities,
or otherwise, is determined by the Building Inspector to be unsanitary,
unfit for human habitation or in such a condition that is likely to
cause sickness or disease.
14.
Those having inadequate or unsafe facilities for egress in case of
fire or panic.
15.
Whenever any door, aisle, passageway, stairway or other means of
exit is not of sufficient width or size or is not so arranged as to
provide safe and adequate means of exit in case of fire or panic.
16.
Whenever the walking surface of any aisle, passageway, stairway or
other means of exit is so warped, worn, loose, torn or otherwise unsafe
as to not provide safe and adequate means of exit in case of fire
or panic.
17.
Those which have part or parts thereof which are so attached or deteriorated
that they may fall upon public ways or upon the property of others
or may injure members of the public or the occupants thereof, or that
are not of sufficient strength or stability or are not anchored, attached
or fastened in place so as to be capable of safely resisting wind
pressure, snow or other loads.
18.
Those buildings built or maintained in violation of any applicable
provision of the Building Code, Electrical Code, Plumbing Code, Mechanical
Code, Minimum Housing Standards Code, or the Fire Prevention Code
of the City, or used in violation thereof.
19.
Those which, whether or not erected in accordance with all applicable
laws and ordinances, has in any non-supporting part, member or portion
less than fifty percent (50%), or in any supporting party, member
or portion less than sixty-six percent (66%) of the:
20.
Those buildings in which the electrical, plumbing, mechanical or
other systems are totally or partially damaged, destroyed, removed
or otherwise made inoperable, unsafe or unsanitary.
21.
Those buildings or any portion thereof that, because of obsolescence,
dilapidated condition, deterioration or damage, inadequate maintenance,
faulty construction or arrangement, or any other causes, constitute:
a.
A blighting influence upon the neighborhood or an eyesore so as to
deprive owners or occupants of neighboring property of the beneficial
use and enjoyment of their premises or which presents an appearance
which is offensive to persons of ordinary sensibilities;
b.
A fire hazard under the Fire Prevention Code of the City; or
c.
A public nuisance known to the common law or in equity jurisprudence.
[R.O. 2012 §505.020; Ord. No. 90-9-5 §2, 11-5-1990; Ord. No. 99-5-8 §1, 5-3-1999]
A.
The
following shall be followed in substance by the Building Inspector
and the City Manager in ordering repair, vacation or demolition:
1.
If the dangerous building can reasonably be repaired or maintained
so that it will no longer exist in violation of the terms of this
Chapter, it shall be ordered so repaired or maintained and such repair
or maintenance shall be performed in full compliance with all requirements
of the Code.
2.
If the dangerous building is in such condition as to make it dangerous
to the health, safety, or welfare of its occupants, it shall be ordered
to be vacated, pending abatement of the nuisance.
3.
In any case where the dangerous building cannot be reasonably repaired
or maintained so that the dangerous building will no longer exist
in violation of the terms of this Chapter, the dangerous building
shall be ordered repaired or demolished and such repair or demolition
shall be performed in full compliance with all requirements of the
Code.
4.
In any case where the conditions constituting the public nuisance
are such that the costs to repair or maintain the dangerous building
so that it will no longer constitute a public nuisance equal or exceed
fifty percent (50%) of the value of the dangerous building, it shall
be ordered repaired or demolished, and such repair or demolition shall
be performed in full compliance with all requirements of the Code,
and in the event it is not repaired or demolished by the owner, then
the City shall abate the nuisance by demolition.
5.
Any dangerous building constituting a public nuisance because of the conditions described in Subsections (1), (2), (3) or (4) of Section 505.010 of this Chapter shall be ordered to be completed in full compliance with all requirements of the Code, and if it shall not be so completed or demolished by the owner in full compliance with all requirements of the Code, then the City shall abate the nuisance by demolition.
6.
Any dangerous building constituting a public nuisance because of the conditions described in Subparagraph (7) of Section 505.010 of this Chapter shall be ordered demolished and such demolition shall be performed in full compliance with all requirements of the Code.
7.
If any building or structure is under construction pursuant to an approved plan of action and duly issued current building permit upon which no substantial work shall have been performed for ninety (90) days immediately after the date a notice is issued under Section 505.040 of this Chapter, then the City shall abate such nuisance.
8.
If any building or structure is in the process of being demolished pursuant to an approved plan of action and duly issued current permit upon which no substantial work has been performed for a period of fourteen (14) days after the date a notice issued under Section 505.040 of this Chapter, then the City shall abate such nuisance.
[R.O. 2012 §505.030; Ord. No. 90-9-5 §3, 11-5-1990]
A.
The
Building Inspector shall:
1.
Inspect or cause to be inspected annually, all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial, manufacturing, or loft buildings for the purpose of determining whether any conditions exist as set forth in Section 505.010 of this Chapter.
2.
Inspect any building or structure about which complaints are filed by any person alleging that the building or structure contains any of the conditions described in Section 505.010 of this Chapter.
3.
Inspect any building or structure reported by the Fire or Police Departments of this City when that Department has reason to believe that the building or structure has any of the conditions set forth in Section 505.010 of this Chapter.
4.
Inspect any building or structure of the City at any time whenever there is reason to believe that the building or structure has a condition described in Section 505.010 of this Chapter.
5.
Determine in any case where inspection shows that a building or structure has any of the conditions referred to in Section 505.010 of this Chapter, whether or not it reasonably appears there is immediate danger to the health, safety, or welfare of any person because of such condition, and if it does so reasonably appear, to immediately notify the City Manager or his/her representative thereof. Should the City Manager or his/her representative concur in the finding of the Building Inspector that there is immediate danger as aforesaid, the Building Inspector shall immediately post upon the building or structure a notice reading as follows:
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"This building has been found to be a public nuisance by the
City Manager of the City of Excelsior Springs. It also reasonably
appears that this building or structure is an immediate danger to
the health, safety, or welfare of persons thereabout or therein. This
notice is to remain on this building or structure until it is brought
into compliance with the ordinances of the City of Excelsior Springs.
It is unlawful to remove this notice until such compliance has occurred".
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6.
Nothing contained in this Subsection shall be construed to deprive
any person entitled thereto by this Chapter of the notice and hearings
prescribed herein.
7.
Report to the City Manager or his/her representative, any non-compliance
with the notice provided for in this Chapter.
[R.O. 2012 §505.040; Ord. No. 90-9-5 §4, 11-5-1990; Ord. No. 99-5-8 §1, 5-3-1999]
Whenever the Building Inspector has determined that any building or structure is a public nuisance under the provision of this Chapter, the Building Inspector shall, as soon as possible thereafter, 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 for the appropriate County that such building or structure has been found to be a public nuisance under the provisions of this Chapter. The notice shall set forth a description of the conditions found in the building or structure so as to constitute the building or structure as a public nuisance under Section 505.010 of this Chapter. The notice shall also provide for abatement of the nuisance by ordering the building or structure to be vacated, if such be the case, repaired, maintained or demolished, specify a time for commencement of the work, which commencement shall include the scheduling of an appointment with the Building Inspector and the establishment of an acceptable plan of action for such work, and requiring the work to proceed continuously without unnecessary delay to completion.
[R.O. 2012 §505.050; Ord. No. 90-9-5 §5, 11-5-1990]
Whenever under this Chapter a notice is required to be served
upon the persons interested in any building or structure, the notice
shall be served upon 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 for the appropriate
County, and shall be signed by the person who has the responsibility
to issue the notice. The notice shall be served, if the party or parties
to be served reside in the City, by handing the notice to the person
to be served by anyone competent to be a witness or by leaving the
notice at the usual place of abode of the one to be served with a
member of the household over the age of fifteen (15) years. If the
person to be served shall not reside in the City or shall have absentee
himself/herself from the City or concealed himself/herself so that
personal service may not be made as herein provided for and if his/her
address shall be known, then service shall be made by posting a copy
of such notice in a conspicuous place on the building or structure
to which it relates and by certified mail, return receipt requested;
but if his/her address shall not be known, the service of notice shall
be by posting and by publication. The publication shall contain the
full text of the notice and shall be published at least once a week
for three (3) consecutive weeks on the same day of the week in some
newspaper of general circulation published in the appropriate County,
and the time specified in the notice for a hearing to be held, or
for the commencement of work or for any other thing to be done shall
be at least thirty (30) days from the date of the first publication
of notice.
[R.O. 2012 §505.055; Ord. No. 95-5-4 §1, 5-8-1995; Ord.
No. 96-1-2 §1, 1-8-1996; Ord. No. 99-5-8 §1, 5-3-1999]
A.
Whenever the Building Inspector has determined that any building or structure is a public nuisance under the provisions of this Chapter, and upon issuance of the notice thereof to all persons having an interest in the property pursuant to Section 505.040 of this Chapter, the City Manager shall prepare a "Statement of Violation of Chapter 505" and cause the same to be filed and recorded in the office of the Recorder of Deeds or Director of Records of the County wherein the property is located. Such statement shall set forth the address and legal description of the property upon which the dangerous building is located and a statement that such building or structure is dangerous within the provisions of this Chapter, and that the owner thereof has been given proper notice and ordered to comply with the requirements of this Chapter.
B.
The
recording of such statement shall place persons purchasing such property
subsequent to the date of such recording on notice that such property
has been declared a dangerous building. The act of subsequent purchase
shall not delay the processing or cause a delay in such matter and
shall not be an exception to the time requirements of the notices
provided herein.
C.
Upon
application and after verification that the owner of the property
has complied with the requirements of this Chapter by vacating, repairing
or demolishing the dangerous building, the City Manager shall issue
to the owner of the property a "Release of Statement of Violation
of Chapter 505" which is in such form that it may be filed with and
recorded by the office of the Recorder of Deeds or Director of Records
of the County wherein the property is located stating that the dangerous
condition has been abated.
[R.O. 2012 §505.060; Ord. No. 90-9-5 §6, 11-5-1990; Ord. No. 96-1-2 §1, 1-8-1996; Ord. No. 99-5-8 §1, 5-3-1999]
A.
Whenever there shall be a failure to obey a notice to abate a public nuisance issued as provided in Section 505.040 of this Chapter by not commencing work in the time specified in said notice, or there shall be a failure to proceed continuously with the work required therein without unnecessary delay, the City Manager shall call and have a full and adequate hearing upon the matter giving all affected parties at least ten (10) days' written notice of the hearing. Any party may be represented by counsel, and all parties shall have the opportunity to be heard and present such evidence as shall be relevant to a determination of:
B.
All
testimony shall be under oath, which may be administered by the City
Manager, and a written record of the hearing shall be made by a reporter
to be employed by the City, the cost of which shall be paid by the
City should the proceeding be eventually held against the City and
by the owner if it should not. In the latter case, the cost of such
reporting shall be a lien upon the lot, tract, or parcel of land upon
which the building or structure stands, and shall be added to the
cost of performance for demolition or repair or maintenance in the
event the City shall be required to do so, and payable as provided
for such costs.
[R.O. 2012 §505.070; Ord. No. 90-9-5 §7, 11-5-1990; Ord. No. 96-1-2 §1, 1-8-1996]
Within thirty (30) days from the date of the hearing required by Section 505.060 of this Chapter, the City Manager or his/her representative shall, upon the basis of competent and substantial evidence offered at the hearing, make a finding of fact as to whether or not the building or structure in question is a public nuisance under the terms of this Chapter and detrimental to the health, safety, and welfare of the residents of the City; specifically finding as a matter of fact the condition or conditions of such building or structure which constitute the nuisance. If it is found that the building or structure is a public nuisance, further findings shall be made as to whether or not the procedures required by this Chapter have been substantially met and complied with, and whether or not the abatement order of the Building Inspector to abate the nuisance was reasonable in its terms and conditions and within the standards of this Chapter. In the event it is found that the abatement order was not reasonable or within the standards of this Chapter, it shall be the duty of the City Manager or his/her representative to make his/her own findings of fact as to what is reasonably required to abate the public nuisance within the standards of this Chapter. If the City Manager or his/her representative finds that a public nuisance does not exist or that the procedures of this Chapter have not been substantially met and complied with, the proceedings against the building or structure shall be dismissed.
[R.O. 2012 §505.080; Ord. No. 90-9-5 §8, 11-5-1990; Ord. No. 94-6-2 §III, 6-6-1994; Ord. No. 96-1-2 §1, 1-8-1996; Ord. No. 99-5-8 §1, 5-3-1999]
A.
If a proceeding is not dismissed following the findings required by Section 505.070 of this Chapter, the City Manager shall issue an order directing the building or structure to be completed, repaired, or demolished and vacated as the case may be, within the standards of this Chapter. This order, together with the findings of fact required by Section 505.070 of this Chapter, shall be in writing and shall be immediately delivered or mailed to each party to the hearing or to his/her attorney of record by certified mail, return receipt requested. In addition, copies of the order and findings of fact shall be posted in a conspicuous place in the office of the City Manager for a period of thirty (30) days from the date of issuance thereof. The order shall state a reasonable time which, except in cases of emergency, shall not be less than thirty (30) days from the date of issuance within which to comply with the order, and shall further provide that if it is not complied with within such time, the City Manager shall cause the work to be done by the City and its own crew or by contractors employed by the City for that purpose.
B.
If
there shall be no contractor employed by the City for that purpose,
the City Manager or his/her representative is hereby authorized to
enter into contracts not to exceed five thousand dollars ($5,000.00)
with persons engaged in the business of repairing or demolishing buildings
for the purpose of enforcing the order provided for in this Section
if there are sufficient funds provided for that purpose in the budget
or a supplemental appropriation. Additional contracts or contracts
for amounts in excess of five thousand dollars ($5,000.00), must be
approved by Council. The contracts can be signed only after compliance
with the City's prescribed bidding procedures.
C.
Certificates of Dangerous Buildings.
1.
After a building has been determined to be a dangerous building by
the City Manager, a "Certificate of Existence of Dangerous Building"
will be filed and recorded in the office of the Recorder of Deeds
or Director of Deeds of the County wherein the land is located. Such
certificate shall set forth the address and description of the premises
upon which such dangerous building is located, and a certification
that such building thereon is dangerous within the provisions of this
Chapter, and that the owner thereof has been given proper notice and
ordered to repair or demolish such building. Such certification shall
be made and signed by the City Manager.
2.
The recording of a "Certificate of Existence of Dangerous Building"
shall place persons purchasing such property subsequent to such recording
on notice that such property has been declared a dangerous building
and ordered repaired or demolished. The act of subsequent purchase
shall not delay the processing or cause a delay in such matter and
shall not be an exception to the time requirements of the notices
provided herein.
3.
Upon application and after verification that the order of the City
Manager to vacate, repair or demolish a dangerous building has been
complied with, the City Manager shall issue to the owner a "Release
of Certificate of Existence of Dangerous Building" which is in such
form that it may be filed with and recorded by the office of the Recorder
of Deeds or Director of Records of the County in which the land is
located stating that the dangerous condition has been abated.
[R.O. 2012 §505.090; Ord. No. 90-9-5 §9, 11-5-1990; Ord. No. 96-1-2 §1, 1-8-1996]
A.
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, whenever the City shall have caused the work to be done as provided by Section 505.080 of this Chapter, the City Manager or his/her representative shall certify the costs of the work to the Finance Director who shall cause a special tax bill therefor and for the costs associated with the processing of the order to include publication, court reporter, certified mail, and the Inspector's time which shall be likewise certified by the City Manager or his/her representative, to be issued against the lot, tract or parcel of land upon which the building or structure is located. The special tax bill from the date of its issuance shall be deemed a personal debt against the property owner, and in addition shall be a lien on the lot, tract or parcel of land until paid and shall be registered in the office of the Director of Finance of the City of Excelsior Springs. The tax bill shall be collected by the City Collector or other official collecting taxes.
B.
If there are no proceeds of any insurance policy as set forth in Section 505.100, at the written request of the taxpayer delivered to the City Clerk of the City, a tax bill for repair or demolition of a building or structure may be paid in ten (10) equal annual installments, which installments with interest thereon to date on the unpaid balance shall be due annually on the anniversary of the date of issuance of the bill. Interest shall be paid at the maximum rate per annum allowable by law on the unpaid balance of the special assessment computed from the date of issuance. If any annual payment of principle or interest shall not be paid within thirty (30) days of its due date the entire remaining balance of the tax bill shall immediately become due and payable.
C.
If
request for ten (10) annual payments is not made prior to the time
the City Manager or his/her representative shall certify the cost
of the work to the Finance Director, the tax bill shall be payable
in sixty (60) days from its date of issuance with interest therein
at the maximum rate per annum allowable by law.
[R.O. 2012 §505.095; Ord. No. 94-6-2 §IV, 6-6-1994; Ord. No. 96-1-2 §1, 1-8-1996; Ord. No. 99-5-8 §1, 5-3-1999; Ord. No. 16-12-05 § 3, 12-19-2016]
A.
Any owner of a dangerous building who shall fail to comply with an order of the City Manager to vacate, repair or demolish said dangerous building or who fails to proceed continuously to vacate, repair or demolish the dangerous building without unnecessary delay shall be guilty of an ordinance violation and upon conviction thereof shall be punishable as set forth in Section 100.150 of this Code.
B.
The party in actual or constructive possession, or one who has a legal duty to act for a party, who fails to comply with an order of the City Manager to vacate, repair or demolish a dangerous building shall be guilty of an ordinance violation and upon conviction shall be punished as set forth in Section 100.150 of this Code.
C.
Any person failing to immediately vacate a building upon the verbal or written order of the City Manager in cases of emergency pursuant to Section 505.030(A)(5) or 505.120 of this Chapter shall be guilty of an ordinance violation and upon conviction shall be punished as set forth in Section 100.150 of this Code.
D.
Any person who hinders, threatens or interferes with any inspector, contractor or any person working for a contractor having a permit to demolish a dangerous building shall be guilty of an ordinance violation and upon conviction shall be punished as set forth in Section 100.150 of this Code.
E.
The authority to administer violations of this Section is vested
in the Code Enforcement Officer or his/her duly authorized representative,
who shall file a written complaint in the Municipal Court.
[R.O. 2012 §505.100; Ord. No. 90-9-5 §10, 11-5-1990; Ord. No. 96-1-2 §1, 1-8-1996]
A.
Tax bills issued under Section 505.090 of this Chapter, shall be prima facie evidence of the validity of the bill, the doing of the work and the liability of the property for the damages stated in the bill and shall be collected if default should occur by suit brought in a court of competent jurisdiction by the City Counselor on behalf of the City. Judgment in any such suit shall be special and against the property owner and shall be satisfied by sale of the property or so much thereof as is necessary to satisfy the judgment and the costs of the sale.
B.
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 up to twenty-five
percent (25%) 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 endorsement thereto, provide.
2.
The City shall release the proceeds and any interest which has accrued on such proceeds received under Subsection (A) 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 monies, unless the City has instituted legal proceedings under the provisions of Sections 505.080 and 505.090 of this Chapter. If the City has proceeded under the provisions of Sections 505.080 and 505.090 of this Chapter, all monies in excess of that necessary to comply with the provisions of Sections 505.080 and 505.090 of this Chapter for the removal of the building or structure and the lot on which it is located, 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 the
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.
[R.O. 2012 §505.110; Ord. No. 90-9-5 §11, 11-5-1990]
Any owner, occupant, lessee, mortgagee, agent or other person having an interest in the building or structure may appeal from the order and determination of the City Manager or his/her representative made under the provisions of Section 505.080 of this Chapter. The appeal shall be to the Circuit Court of Clay or Ray County as established in Chapter 536, RSMo.
[R.O. 2012 §505.120; Ord. No. 90-9-5 §12, 11-5-1990; Ord. No. 99-5-8 §1, 5-3-1999; Ord. No. 20-03-04, 3-2-2020]
A.
Notwithstanding anything to the contrary contained in this Chapter, in all cases where it reasonably appears that a danger to the health, safety or welfare of any person exists, the City Manager may take emergency measures to inspect, vacate, repair, or demolish a building or structure which is a public nuisance under the provisions of Section 505.010 of this Chapter.
B.
If
the owner or other person having possession or control of the property
will not allow inspection by the Building Inspector or cannot be located,
the City Manager may authorize the Building Inspector to submit a
written application to the Municipal Judge for a warrant to enter
the property.
C.
The
application must include a statement of probable cause, supported
by affidavit, detailing the actual or suspected property conditions
whether applicable to a specific property or in general that justify
entry. For the purposes of this Section, probable cause means the
facts, circumstances and inferences drawn are sufficient to cause
a person of reasonable caution to believe that the items or evidence
subject to inspection are located in a particular place.
D.
If
the Municipal Judge finds facts that establish probable cause, the
judge shall sign the warrant and authorize the requested entry. The
Enforcement Officer then has forty-eight (48) hours to execute the
warrant. The Building Inspector must inspect the property and record
the property conditions as evidence, all as directed by the terms
of the search warrant.
E.
The
Building Inspector must also prepare a return, and include in a report
the property that was searched and the evidence obtained. A copy must
also be provided to the owner. If the owner is unavailable, a copy
must be left at the site of the search in a conspicuous place.
[R.O. 2012 §505.125; Ord. No. 99-5-8 §1, 5-3-1999]
Whenever the term "City Manager" or "Building Inspector" is used in this Chapter 505, such term shall be deemed to include the representative(s) of the City Manager or the representative(s) of the Building Inspector, as the case may be.
[R.O. 2012 §505.130; Ord. No. 90-9-5 §13, 11-5-1990]
No officer, agent, or employee of the City of Excelsior Springs
shall be personally liable for any damage that may occur to any persons
or property as a result of any act required of him/her or permitted
to be taken by him/her 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
until the final determination of the proceedings, and if judgment
shall be obtained it shall be paid by the City of Excelsior Springs.
It is hereby further declared that no officer, agent or employee of
the City of Excelsior Springs owes any duty under the provisions of
this Chapter to any citizen or other individual but that 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.
[1]
State Law Reference — Similar state law, §67.410,
RSMo.
