[R.O. 2010 §505.010; CC 1970 §5-19; Ord. No. 16-74 §2, 6-11-1974; Ord. No. 10-07 §3, 5-21-2007]
For the purpose of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
The owners, occupants, lessees, mortgagees, agents, and any
other persons, as shown by the land records of the St. Louis County
Recorder of Deeds, having interest in an unfit building at the time
that notice of declaration of nuisance is given.
The City Engineer or his/her authorized representative for
the city.
Anything constructed or erected which requires location on
the ground or is attached to something having location on the ground,
including a fence, freestanding wall or a utility equipment cabinet
located on an easement, the public right-of-way or private property.
A sign, billboard or other advertising medium, detached or projecting,
shall be construed to be a structure.
Any structure or building which is unfit within the standards
set forth in this Chapter.
[R.O. 2010 §505.020; CC 1970 §5-20; Ord. No. 16-74 §2, 6-11-1974]
A.
All
buildings or structures, whether occupied or not, which have any or
all of the following defects shall be deemed unfit buildings:
1.
Bearing walls. Those bearing walls, or earth retaining
walls, or other vertical structural members which 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, and
which are a menace to the health, safety and welfare of the inhabitants
of the municipality.
2.
Extensive damage. Those which, 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.
Improperly distributed loads. 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.
Damage by fire, wind, etc. Those which have been
damaged by fire, wind or other causes so as to become dangerous to
life, safety, morals or the general health or welfare of present or
future occupants or residents of the Municipality.
5.
Extensive dilapidation. 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 present or future occupants or residents of the Municipality.
6.
Inadequate light, air and sanitation facilities. Those having light, air and sanitation facilities which are inadequate
to protect the health, safety or general welfare of present or future
occupants.
7.
Inadequate egress facilities. Those having inadequate
facilities for egress, in case of fire, other emergency or panic.
8.
Parts which may fall off. Those which have parts
thereof which are so attached that they may fall and injure members
of the public or property
9.
Generally inadequate condition. Those which because
of their general condition are unsafe, unsanitary or dangerous to
the health, morals, safety or general welfare of the residents of
the Municipality.
[R.O. 2010 §505.030; CC 1970 §5-21; Ord. No. 16-74 §2, 6-11-1974]
All unfit buildings as defined in this Chapter are hereby declared
to be detrimental to the health, safety or welfare of the Municipality
and to be public nuisances, and shall be repaired, vacated or demolished
as provided in this Chapter.
[R.O. 2010 §505.040; CC 1970 §5-22; Ord. No. 16-74 §2, 6-11-1974]
A.
The
Building Inspectors shall:
1.
Inspection generally. Inspect or cause to be inspected
as often as necessary all residential, institutional, assembly, commercial,
industrial, garage, special or miscellaneous occupancy buildings for
the purpose of determining whether any conditions exist which render
any such place an unfit building.
2.
Inspection on complaint basis. Inspect any building
or structure about which complaints or reports are filed by any person
to the effect that a building or structure is or may be existing in
violation of this Chapter.
3.
Report to City Engineer. Report to the City Engineer
any violation of this Chapter or any non-compliance with any notice
provided for in this Chapter.
4.
Appear and testify at hearings. Appear at all hearings
conducted by the City Engineer and testify as to the condition of
unfit buildings.
[R.O. 2010 §505.050; CC 1970 §5-23; Ord. No. 16-74 §2, 6-11-1974]
A.
The
City Engineer shall have the following duties:
1.
Supervision of inspectors. The City Engineer shall
supervise all Building Inspectors and cause the Building Inspectors
to make inspections and perform all duties required of them by this
Chapter. Upon receiving a complaint or report from any source that
an unfit building exists in this Municipality, he/she shall cause
an inspection to be made forthwith. In addition to the report of the
Building Inspectors, the City Engineer may request that an inspection
and report be made by any appropriate person, firm or corporation.
2.
Determination of fitness of buildings. Based upon the reports of the Building Inspectors and any further investigations and reports which he/she may obtain, the City Engineer shall determine whether a building or structure is unfit. Whenever the City Engineer determines that a building or structure is unfit, he/she shall declare the building or structure a public nuisance, make an appropriate prehearing order for demolition, vacation or repair as the facts may warrant, and give written notice of his/her declaration and prehearing order as provided in Section 505.080.
[R.O. 2010 §505.060; CC 1970 §5-24; Ord. No. 16-74 §2, 6-11-1974]
The employees of the Fire Department shall make a report in
writing to the City Engineer of all buildings or structures which
are, may be or are suspected to be unsafe buildings within the terms
of this Chapter. Such reports must be delivered to the City Engineer
within twenty-four (24) hours of the discovery of such buildings by
any employee of the Fire Department.
[R.O. 2010 §505.070; CC 1970 §5-25; Ord. No. 16-74 §2, 6-11-1974]
[R.O. 2010 §505.080; CC 1970 §5-26; Ord. No. 16-74 §2, 6-11-1974]
Upon the declaration of public nuisance by the City Engineer,
he/she shall notify the affected parties that such declaration has
been made. The notice may be served personally or by certified mail,
return receipt requested, or if service cannot be had by either of
these modes of service, then by at least one (1) publication in a
newspaper of general circulation in the Municipality and by posting
a copy in some prominent place on the premises. The notice shall describe
the building or structure found unfit and specify the required improvements
to be made to render the building or structure safe and secure, or
require the unfit building or a portion thereof to be vacated or demolished
within a specified time. Such notice shall be substantially in the
following form:
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NOTICE OF DECLARATION OF NUISANCE
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To the person to whom this notice is addressed:
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THE BUILDING DESCRIBED BELOW HAS BEEN DECLARED A NUISANCE.
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(Insert address or other adequate description of building or
structure.)
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(Use one (1) or two (2) of the following three (3) paragraphs:
)
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NO PERSON MAY OCCUPY THIS BUILDING, OR ANY PART THEREOF, AFTER
__________, 20__. After such date, no person shall occupy, enter,
refuse to leave, or remain in this building or any part thereof, except
persons directly employed in securing, repairing or removing such
building or structure.
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THIS BUILDING MUST BE REPAIRED TO CURE THE FOLLOWING DEFECTS.
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WORK MUST BEGIN ON OR BEFORE ___________, 20__, AND PROCEED
CONTINUOUSLY WITHOUT UNNECESSARY DELAY TO COMPLETION. This order may
be obeyed by demolition and removal of this building. Upon failure
to repair as herein required, the City Engineer may, after hearing,
order repairs to be made and the cost charged to the owner of this
property as a special tax lien.
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THIS BUILDING MUST BE DEMOLISHED AND REMOVED FROM THE PREMISES
NO LATER THAN ____________, 20__. If demolition is not begun and carried
forth promptly, the City Engineer may, after hearing, order the same
done and the cost assessed against the property as a special tax lien.
Upon presentation of adequate plans, the City Engineer may allow repair
instead of demolition.
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[R.O. 2010 §505.090; CC 1970 §5-27; Ord. No. 16-74 §2, 6-11-1974]
No person shall remove any posted notice required by this Chapter
from any building or structure in the Municipality. Any person removing
any such notice shall, upon conviction, be punished by a fine of not
more than one hundred dollars ($100.00) or imprisonment not to exceed
ten (10) days, or both such fine and imprisonment.
[R.O. 2010 §505.100; CC 1970 §5-28; Ord. No. 16-74 §2, 6-11-1974]
A.
Hearing. Upon any non-compliance with the prehearing order
of the City Engineer within thirty (30) days after notice thereof
is given or any longer period specified in the notice, or upon failure
of the affected parties to proceed continuously with the work ordered
without unnecessary delay, the City Engineer shall call and hold a
full adequate hearing to determine whether the building or structure
is unfit, giving the affected parties at least twenty-one (21) days
written notice of the time, place and purpose of the hearing. Such
notice shall be given in the same manner as notice of the declaration
of nuisance is given. The City Engineer shall hear such testimony
as the Building Inspector or any affected parties shall offer relative
to the unfit building. Any affected party may be represented by counsel,
and all-affected parties shall have the opportunity to be heard.
B.
Issue Post-Hearing Findings Of Fact. The City Engineer shall
make the findings of fact from the testimony offered in such hearings
on whether the building or structure in question is unfit. If evidence
supports a finding that the building or structure in question is unfit,
the City Engineer shall issue a post-hearing order making specific
findings of fact, based upon competent and substantial evidence which
shows the building or structure in question to be a nuisance and detrimental
to the health, safety or welfare of the residents of the Municipality
and shall order repair, vacation or demolition of the building as
shall be appropriate under the facts. Notice of any post-hearing orders
shall be given in the same manner as notice of the declaration of
a nuisance is given. If the evidence does not support a finding that
the building or structure is unfit, no order shall be issued.
C.
Special Tax Bill. If any post-hearing order of the City Engineer is not obeyed within thirty (30) days after its issuance, and if appeal of any post-hearing order is not made to the Circuit Court as provided for in this Chapter within thirty (30) days after issuance of any such order, the City Engineer shall cause such building or structure to be repaired, vacated or demolished as provided in this post-hearing order. The City Engineer shall certify the costs for such repair, vacation or demolition to the City Clerk or officer in charge of finance who shall cause a special tax bill therefor against the property to be prepared, filed and collected by the City Collector or other official collecting taxes. Except as provided in Subsection (D), and at the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years. Such assessment shall bear interest at the maximum rate that the law will allow until paid. The tax bill shall be a lien on the property until paid.
D.
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 ordinance may establish a procedure for the payment of up to twenty-five
percent (25%) of the insurance proceeds, as set forth in subdivisions
(1) and (2) of this Subsection. The 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 a building or other structure:
1.
The insurer shall withhold from the covered claim payment up to ten
percent (10%) 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.
2.
The City shall release the proceeds and any interest which has accrued on such proceeds received under subdivision (1) 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 (C) of this Section. If the City has proceeded under the provisions of Subsection (C) of this Section, all monies in excess of that necessary to comply with the provisions of Subsection (C) of this Section for the removal of the building or structure, less salvage value, shall be paid to the insured.
[R.O. 2010 §505.110; CC 1970 §5-28; Ord. No. 16-74 §2, 6-11-1974]
A.
The
decision by the Enforcement Official may be appealed by a party aggrieved
thereby to the Circuit Court of St. Louis County, pursuant to Chapter
536, 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 of the condition of the building or structure, whether or not such person presented such evidence at the hearing provided by Subsection (B) of Section 505.100. The appellant before the court shall have the opportunity to cross-examine any such person presenting evidence to the court.
[R.O. 2010 §505.120; CC 1970 §5-29; Ord. No. 16-74 §2, 6-11-1974]
In cases where it reasonably appears that there is an immediate danger to the health, safety or welfare of any person unless a dangerous building, as herein defined, is immediately repaired, vacated and repaired, or vacated and demolished, the Building Commissioner may cause the immediate repair, vacation or demolition of such dangerous building. The cost of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in Section 505.100 for the collection of the costs of execution of post-hearing orders of the Building Commissioner.
