[R.O. 1996 § 505.010; Ord. No. 824 §1, 11-10-2016[1]]
Pursuant to Section 67.400 et seq., of the Revised Statutes of Missouri, the City is authorized to enact orders or ordinances to provide for vacation and the mandatory demolition of structures or mandatory repair and maintenance of structures within the corporate limits of the City which are detrimental to the health, safety or welfare of the residents and declared to be a public nuisance. Chapter 505 has been adopted pursuant to that authority of Section 67.400, RSMo., as amended, and in full compliance with all requirements of Section 67.410, RSMo., as amended.
[R.O. 1996 § 505.020; Ord. No. 824 §1, 11-10-2016]
For the purposes of this Chapter,
the following terms shall have the meanings as set forth below:
Putting an end to, or terminating the nuisance, whether through
repair, remediation or removal.
Approved by Building Inspector or by another regulating authority,
if applicable.
Any covered structure permanently affixed to land and designed
or used to shelter persons, chattels or property.
The City Clerk.
The duly authorized representative of the City who is qualified
to inspect buildings and structures to determine if buildings and
structures meet the applicable regulations of the City.
The City of Gerald.
All buildings or structures deemed unsafe, unsanitary or
dangerous to the health, morals, safety or general welfare of the
people of this City because of any or all of the following characteristics:
Those whose 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 falls outside
of the middle third of its base;
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 wall or
covering;
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;
Those which have been damaged by
fire, wind or other causes so as to have become dangerous to life,
safety, morals or the general health and welfare of the occupants
or the people of the City;
Those which have become or 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, morals, safety or general welfare
of those living therein;
Those having light, air and sanitation
facilities which are inadequate to protect the health, morals, safety
or general welfare of human beings;
Those having inadequate facilities
for egress in case of fire or panic or those having insufficient stairways,
elevators, fire escapes or other means of communications;
Those which have parts thereof which
are so attached that they may fall and injure members of the public
or property; and/or
Those which, because of their condition,
are unsafe, unsanitary or dangerous to the health, morals, safety
or general welfare of the people of this City.
A calendar day, as differentiated from a "business day" which
means any day other than a Saturday, Sunday, or legal holiday.
The Mayor.
A condition which could cause serious or life-threatening
injury or death at any time.
Acts of repair and other acts to prevent a decline in the
condition of grounds and structures, such that the condition does
not fall below the standards established by this Code and other applicable
statutes, Codes and ordinances.
Any person living and/or sleeping in a dwelling unit or having
possession of a space within a building.
Any person or persons in whom is vested an interest in the premises as shown by the land records located in the office of the Recorder of Deeds in and for Franklin County, Missouri. For purposes of this Chapter 505, the term "owner" shall also include any person(s) or operator known to the City and who is recognized in equity as the owner of the property, because the real and beneficial use and title belong to that person or operator, although the bare legal title as shown by the conveyancing records in the office of the Recorder of Deeds of Franklin County, Missouri, remains in another. For purposes of enforcing the provisions of this Chapter 505, the City may, at its option, proceed against the legal or equitable interest in said premises, or against both said interests.
An individual, partnership, unincorporated association, corporation,
fraternal or religious organization or any other group acting as a
unit.
A lot, plot or parcel of land, including the structures thereon.
That which is built or constructed, including without limitation
because of enumeration, buildings for any occupancy or use whatsoever,
fences, signs, billboards, fire escapes, chute escapes, railings,
water tanks, towers, open grade steps, sidewalks or stairways, tents
or anything erected and framed of component parts which is fastened,
anchored or rests on a permanent foundation or on the ground.
[R.O. 1996 § 505.030; Ord. No. 824 §1, 11-10-2016]
All dangerous buildings, as defined in Section 505.020, are hereby declared to be public nuisances and the owner of such structures shall be responsible for their repair, removal or demolition.
[R.O. 1996 § 505.040; Ord. No. 824 §1, 11-10-2016]
A.
The following standards shall determine
whether a building or structure shall be ordered to be repaired, vacated
or demolished under this Chapter:
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, morals, safety or
general welfare of future occupants, it shall not be occupied until
repaired.
3.
In any case where a dangerous building is vacant and more than fifty percent (50%) damaged or decayed, or deteriorated from its original value, it shall be demolished; and in all cases where a dangerous building cannot be repaired so that it will no longer exist in violation of the terms of this Chapter 505, it shall be demolished.
[R.O. 1996 § 505.050; Ord. No. 824 §1, 11-10-2016]
The Building Inspector shall be appointed
by the Mayor, subject to the approval of the Board of Aldermen. No
member of the Municipal Government shall serve as the Building Inspector.
[R.O. 1996 § 505.060; Ord. No. 824 §1, 11-10-2016]
A.
The Building Inspector shall:
1.
Inspect any structure about which
complaints are filed by any person to the effect that a structure
is or may be existing in violation of this Chapter.
2.
Inspect any structure reported by
the Fire or Police Department as probably existing in violation of
the terms of this Chapter.
3.
Report receipt of such complaints
and the results of the investigation and inspection to the Building
Commissioner.
5.
Set out, in the notice provided for in Subsection (A)(4) hereof, a description of the structure deemed unsafe, a statement of the particulars which make the structure a dangerous building, and an order requiring the same to be put in such condition as to comply with the terms of this Chapter within such length of time, not exceeding thirty (30) days, as is reasonable.
7.
Appear at all hearings conducted
by the Hearing Officer and Board of Administrative Review, if necessary,
and testify as to the condition of dangerous buildings.
[R.O. 1996 § 505.070; Ord. No. 824 §1, 11-10-2016]
A.
It shall be the duty and responsibility
of the Building Inspector to enforce the provisions of this Chapter
as herein provided.
B.
For the safety, health and welfare of the
public, the Building Inspector in compliance with all applicable laws
may enter upon any premises at any reasonable time for the purpose
of making inspections and performing duties under this Code.
1.
Non-Conforming Conditions. If additional
non-conforming conditions are encountered during the course of any
approved alteration or repair which were not considered or known initially,
the Building Inspector shall have the authority to require compliance
with this Code of such additional conditions. The determination of
what is necessary to bring such conditions into compliance shall take
into consideration the use of alternatives and equivalent approaches
as provided for in this Code. The Building Inspector shall have the
authority to approve construction changes in the field when conditions
are encountered which make the originally approved work impractical,
provided such changes in approved work can be readily determined to
be in compliance with this Code and are requested by the owner or
the owner's agent prior to such construction changes. Such changes
shall be specifically documented by the owner or the owner's agent
describing the change in work and the reasons and justification for
the change and shall be filed with the permit for the project.
2.
Right Of Entry. If any owner, occupant,
operator or other person in charge of a structure subject to the provisions
of this Code refuses entry and free access to any exterior part of
the premises where inspection authorized by this Code is sought, the
Building Inspector for good cause shall be permitted to seek from
the Circuit Court or other court of competent jurisdiction, an administrative
search warrant to allow entry onto the premises for inspection of
any exterior feature or area not freely observable from the public
right-of-way or other adjacent property.
[Ord. No. 885, 4-11-2019]
C.
Credentials. The Building Inspector shall
display proper official credentials for the purpose of inspecting
the exterior of any and all structures and premises in the performance
of duties under this Chapter.
D.
Relief From Personal Liability. Any Building
Inspector, officer or employee of the City who acts in good faith,
without malice and within the scope of duties or enforcement of this
Code is relieved of all personal liability for any damage accruing
to persons or property as a result of such acts or alleged failure
to act. Further, the Building Inspector shall not be held liable for
any costs in any action, suit or proceeding that is instituted by
the City in the enforcement of this Code. In any of these actions,
the official or employee shall be defended or represented by the City's
attorney at law until the final termination of the proceedings. Nothing
herein is intended as, nor shall be deemed, a waiver of the City's
sovereign immunity which sovereign immunity is expressly reserved.
E.
Notices And Orders. The Building Inspector
shall issue all necessary notices and orders to abate illegal or unsafe
conditions to ensure compliance with this Chapter's requirements for
the safety, health and general welfare of the public.
[R.O. 1996 § 505.080; Ord. No. 824 §1, 11-10-2016]
A.
The City of Gerald, Missouri, hereby establishes
the following procedures for notices of dangerous buildings:
1.
Notice Of Dangerous Building. If
a structure is found to be a dangerous building, the Building Inspector
shall prepare and issue a notice, which at a minimum, shall specify
that:
a.
The structure is to be removed, repaired
or demolished, and vacated if such be the case, in accordance with
the terms of the notice and this Chapter.
b.
The structure may not be occupied
until it shall be repaired in accordance with this Chapter.
c.
The persons having an interest in
said structure shall be given such reasonable time, not exceeding
thirty (30) days, as may be necessary to commence or have commenced
the work or act required by the notice provided for herein.
d.
The notice shall be addressed to
the owner, occupant, lessee, mortgagee, agent, and all other persons
having an interest in the structure as shown by the land records of
the Recorder of Deeds of Franklin County, Missouri.
e.
Notice may be served either by personal
service or by certified mail, return receipt requested; but if service
cannot be had by either of these modes of service, then service may
be had by publication.
2.
Identification Of Defects. The notice
shall list defects in the structure that constitute a dangerous structure
and declare that structure a public nuisance.
a.
The notice shall also order the structure vacated by the 15th day following service of the notice. However, if the Building Inspector determines that a condition of imminent danger exists, the notice shall also order that the structure be vacated forthwith pursuant to Section 505.010 and that the structure be boarded up or otherwise secured within twelve (12) hours of service of the notice.
b.
In addition, the notice shall order
that substantial work on repairs must begin or (if repairs would be
unreasonable) that demolition must be completed by no later than the
30th day (or other such time frame) following service of the notice.
3.
Posting Of Notice. In addition to
service of the notice as set forth above, a copy of the notice shall
be posted in a prominent place on the premises. The posted notice
shall state that it is, and it is hereby declared to be, unlawful
to remove the notice until such time as the City shall cause the notice
to be removed.
B.
Review Of Building Inspector's Classification Of Dangerous Structure. Appeal by aggrieved person. Any person aggrieved by a finding by the Building Inspector that a structure is a dangerous structure within the meaning of Subsection (A) shall have ten (10) days in which to appeal, in writing, to the Building Commissioner, who shall schedule a hearing, upon written notice or waiver thereof, which said notice and hearing shall be conducted in accordance with this Chapter.
C.
Failure To Repair, Demolish Or Complete;
Hearing.
1.
Hearing On Failure To Repair/demolish
As Ordered. If the owner, occupant, lessee, mortgagee, agent and all
other persons having an interest in said structure fail to undertake
repairs or demolition within the time specified by the Building Inspector,
or upon failure to proceed continuously with the work without unnecessary
delay, as provided to be done in the required notice, the Building
Inspector shall notify the Building Commissioner, and the Hearing
Officer shall call and have a full and adequate hearing upon the matter,
giving the owner, occupant, lessee, mortgagee, agent and all other
persons having an interest in said structure at least ten (10) days'
written notice of the hearing served either by personal service or
by certified mail, return receipt requested; but if service cannot
be had by either of these modes of service, then service may be had
by publication. The notice shall also provide that any party may be
represented by counsel, and all parties shall have an opportunity
to be heard.
2.
Determination And Order. If the evidence
at the hearing supports a finding that the structure is a nuisance
or detrimental to the health, safety, or welfare of the residents
of the City, the Hearing Officer shall render a final decision in
the form of an order making specific findings of fact, based upon
competent and substantial evidence, which shows the structure to be
a dangerous structure thereby constituting a nuisance and detrimental
to the health, safety or welfare of the residents of the City, and
ordering the structure to be vacated, demolished and removed, or repaired
within a specified time. If the evidence does not support a finding
that the structure is a dangerous structure or otherwise a nuisance
or detrimental to the health, safety or welfare of the residents of
the City, no order shall be issued.
D.
Costs Of Abatement; Special Tax Bill Or
Assessment. If the Hearing Officer issues an order whereby the 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, who shall cause a special tax bill or assessment
therefor against the property to be prepared and collected by the
collector or other official collecting taxes, unless the 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 structure is located. The
contractor may enforce this lien as provided in Sections 429.010 to
429.360, RSMo., as amended. At the written request of the taxpayer
within thirty (30) days of the date of issuance of the tax bill or
assessment, the tax bill, including the costs of tax collection, accrued
interest and attorneys' fees, if any, 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.
E.
Insurance. If there are proceeds of any
insurance policy based upon a covered claim payment made for damage
or loss to a structure caused by or arising out of any fire, explosion,
or other casualty loss, the ordinance may establish a procedure for
the payment of up to twenty-five percent (25%) of the insurance proceeds,
as set forth in this Section. The order or ordinance shall apply only
to a covered claim payment which is in excess of fifty percent (50%)
of the face value of the policy covering the structure.
1.
The insurer shall withhold from the
covered claim payment up to twenty-five percent (25%) of the covered
claim payment and shall pay such moneys 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 order
or ordinance.
2.
The City shall release the proceeds and any interest which has accrued on such proceeds received under Subsection (E)(1) to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after receipt of such insurance moneys, unless the City has instituted legal proceedings under the provisions of this Chapter. If the City has proceeded under the provisions of Subsection (D) of this Section 505.080, all moneys in excess of that necessary to comply with the provisions of Subsection (D) of this Section 505.080 for the removal, securing, repair and cleanup of the structure, and the lot on which it is located, less salvage value, shall be paid to the insured.
3.
If there are no proceeds of any insurance
policy as set forth in 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 the date of its issuance shall
be a lien on the property until paid.
4.
This Section shall apply to fire,
explosion, or other casualty loss claims arising on all structures.
5.
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.
F.
Emergencies.
1.
When, in the opinion of the Building
Inspector, it reasonably appears that a dangerous structure, as defined
herein, poses an immediate or potential danger to the health, safety
or welfare of any person, the Building Inspector may take emergency
measures to vacate the structure and to abate, secure, repair or demolish
the dangerous condition. The Building Inspector shall order the necessary
work to be done, including the boarding-up of openings, to render
such structure temporarily safe and shall cause such other action
to be taken as may be necessary to meet such emergency.
2.
In the event of such an emergency, the Building Inspector shall notify interested persons, as promptly as possible, as required in Subsection (A) hereof; provided, however, to protect the health, safety and welfare of the public, the Building Inspector shall have the authority to act in accordance with Subsection (F)(1) of this Section 505.080 regardless of whether such notice has issued or whether review proceedings as established in Subsection (B) have been instituted.
3.
The Building Inspector shall cause
to be posted at each entrance to any vacated, dangerous structure
a notice to read substantially as follows: "This Structure is Unsafe
and its Occupancy Has Been Prohibited. Do Not Enter." It shall be
unlawful for any person to enter such structure except for the purpose
of securing the structure, making the required repairs, abating the
dangerous condition or demolishing the structure.
4.
For the purposes of this Section, the Building Inspector shall employ the necessary labor and materials to perform all required work as expeditiously as possible. The costs incurred in the performance of such emergency work shall be collected as provided in Subsection (D) hereof.
5.
In all cases where a structure does not meet the standards for dangerous structures as set forth herein but nonetheless constitutes a nuisance to the general public because it is vacant and open to unauthorized entry, the Building Inspector may notify the owner to secure the structure within forty-eight (48) hours. In the event the owner fails to secure the structure in that time, the Building Inspector may take whatever measures are necessary to secure the structure. The cost of such measures shall be recovered in the same manner as that provided in Subsection (D) hereof.
6.
Closing Streets. When necessary for
public safety, the Building Inspector shall temporarily close structures
and close, or order the authority having jurisdiction to close, sidewalks,
streets, public ways and places adjacent to unsafe structures, and
prohibit the same from being utilized.
G.
Unlawful To Enter Structure Ordered Vacated
Or To Remove Notice. It shall be unlawful for any person to enter
any structure which has been placarded with a notice setting forth
the order of the Building Inspector requiring the structure to be
vacated. The Police Department may remove any unauthorized person
from any such structure and may take all steps necessary to prevent
any unauthorized person from entering such structure.
H.
Violations And Penalties. Pursuant to Section 67.410.4, RSMo., as amended, any person who shall violate any of the provisions of this Chapter, or fail to obey or abide by an order of the Hearing Officer made pursuant thereto, shall, upon conviction thereof, be subject to the general penalty provisions of the Code provided in Section 100.250(E).
