[R.O. 2009 §6-26; Ord. No. 1899 §1, 1-19-1970]
The purpose of this Article is to provide for vacation and the
mandatory demolition of buildings and structures or mandatory repairs
and maintenance of buildings and structures within the City which
are detrimental to the health, safety or welfare of its residents
and which are declared to be a public nuisance.
[R.O. 2009 §6-27; Ord. No. 3134 §1, 4-15-1991]
A.
For
the purpose of this Article, any structure or premises that has any
or all of the conditions or defects described below shall be considered
detrimental to the health, safety and welfare of the residents of
the City and shall be considered dangerous:
1.
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 of any such wall or vertical structural member
falls outside of the middle third 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.
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.
4.
Any portion of a building, structure or appurtenance that has been
damaged by fire, earthquake, wind, flood, deterioration, neglect,
abandonment, vandalism or by any other cause to such an extent that
it is likely to partially or completely collapse, or to become detached
or dislodged.
5.
Those which are uninhabited and are open at door, window, wall or
roof.
6.
A building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay,
damage, faulty construction or arrangement, inadequate light, ventilation,
mechanical or plumbing system, or otherwise, is determined by the
Building Official to be unsanitary, unfit for human habitation or
in such a condition that is likely to cause sickness or disease.
7.
Those under construction upon which no substantial work shall have
been performed for ninety (90) days.
8.
The building or structure, or any portion thereof, is clearly unsafe
for its use and occupancy.
9.
Those in the process of demolition upon which no substantial work shall have been performed for a period of fourteen (14) days immediately following the time a notice shall be issued to complete the demolition thereof under Section 500.310 of this Article.
10.
Those containing therein substantial accumulations of trash, garbage
or other materials susceptible to fire, or constituting or providing
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.
11.
Any door, aisle, passageway, stairway, exit or other means of egress
that does not conform to the approved Building or Fire Code of the
jurisdiction as related to the requirements for existing buildings.
12.
The walking surface of any aisle, passageway, stairway, exit or other
means of egress is so warped, worn, loose, torn or otherwise unsafe
as to not provide safe and adequate means of egress.
13.
Those buildings built in violation of any safety 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.
14.
The building or structure, or part of the building or structure,
because of dilapidation, deterioration, decay, faulty construction,
the removal or movement of some portion of the ground necessary for
the support, or for any other reason, is likely to partially or completely
collapse, or some portion of the foundation or underpinning of the
building or structure is likely to fail or give way.
15.
Any portion of a building, or any member, appurtenance or ornamentation
on the exterior thereof that is not of sufficient strength or stability,
or is not so anchored, attached or fastened in place so as to be capable
of resisting natural or artificial loads of one and one-half (1½)
the original designed value.
16.
Any building or structure, because of a lack of sufficient or property
fire-resistance-rated construction, fire protection systems, electrical
system, fuel connections, mechanical system, plumbing system or other
cause, is determined by the Building Official to be a threat to life
or health.
17.
Any portion of a building remaining on a site after the demolition
or destruction of the building or structure or whenever any building
or structure is abandoned so as to constitute such building or portion
thereof as an attractive nuisance or hazard to the public.
[R.O. 2009 §6-28; Ord. No. 3134 §1, 4-15-1991]
A.
The
following standards shall be followed in substance in ordering repair,
vacation or demolition:
1.
In any case where the conditions constituting the public nuisance
are such that the cost to repair the building or structure so that
it will no longer constitute a public nuisance is less than fifty
percent (50%) of the value of the building or structure, it shall
be ordered repaired and in the event it is not repaired by the owner,
then the City shall abate the nuisance by performing the necessary
repairs.
2.
In any case where the conditions constituting the public nuisance
are such that the cost to repair the building or structure so that
it will no longer constitute a public nuisance equal or exceed fifty
percent (50%) of the value of the building or structure, it shall
be ordered demolished and in the event it is not demolished by the
owner, then the City shall abate the nuisance by demolition.
3.
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.
4.
Any building or structure constituting a public nuisance because of the conditions described in Subsection (7) of Section 500.280 of this Article shall be ordered to be completed in accordance with lawful plans and specifications and if it shall not be so completed by the owner, then the City shall abate the nuisance by demolition.
[R.O. 2009 §6-29; Ord. No. 3134 §1, 4-15-1991]
A.
The
Building Official shall:
1.
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 500.280 of this Article.
2.
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 500.280 of this Article.
3.
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 500.280 of this Article.
4.
Determine, in any case, where inspection shows that a building or structure has any of the conditions referred to in Section 500.280 of this Article, 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 not reasonably appear, to immediately notify the Director of Planning and Development thereof. Should the Director of Planning and Development concur in the finding of the Building Official that there is immediate danger as aforesaid, the Building Official shall immediately post upon the building or structure a notice reading as follows: "This building has been found to be a public nuisance by the City of Brentwood Director of Planning and Development. 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 codes of the City of Brentwood, Missouri. It is unlawful to remove this notice until such compliance has occurred." Nothing contained in this Subsection shall be construed to deprive any person entitled thereto by this Article of the notice and hearings prescribed herein.
5.
Report to the Director of Planning and Development any non-compliance
with the notice provided for in this Article.
[R.O. 2009 §6-30; Ord. No. 3134 §1, 4-15-1991]
Whenever the Building Official has determined that any building or structure is a public nuisance under the provisions of this Article, he/she 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 County that such building or structure has been found to be a public nuisance under the provisions of this Article. 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 500.280 of this Article. 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 or demolished, giving a reasonable time for commencement of the work and requiring the work to proceed continuously without unnecessary delay. All notices under this Section shall 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.
[R.O. 2009 §6-32]
A.
Upon application of any interested person receiving notice pursuant to the provisions of this Article or upon failure to commence the work or repair or demolition, or upon failure to proceed continuously with the work without unnecessary delay, as provided to be done in the notice, the Director of Planning and Development, or his or her designee, shall set a date for hearing, and cause notice thereof to be served upon the owner of the property at least ten (10) days prior to such hearing. The notice of hearing shall be served in the same manner as the notice required by Section 500.310. The notice shall also set forth the date, time and place for hearing and shall order such person to appear before the Director of Planning and Development, or his or her designee, and show cause, if any, why the building should not be repaired or demolished.
B.
Any
party may be represented by counsel and shall have any opportunity
to be heard.
C.
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 Director of Planning and Development
shall issue an order making specific findings of fact, based upon
competent and substantial evidence, which shows the building or structure
to suffer the conditions described in this Chapter, to be a nuisance
and to be detrimental to the health, safety or welfare of the residents
of the City. The order shall also set forth a deadline for the structure
to be repaired or demolished.
D.
If
the evidence at the hearing does not support a finding that the structure
suffers from the conditions described in this Article, is a nuisance
and is detrimental to the health, safety or welfare of the residents
of the City, then no order shall be issued.
E.
The
decision of the Director of Planning and Development, or his or her
designee, may be appealed by filing an appeal, on such forms as prescribed
by the City, with the City Administrator within seven (7) days from
the Director's decision. The appeal form shall set forth, at a minimum,
the detailed grounds for such appeal and such further information
as requested on the appeal form. The City Administrator shall review
the decision of the Director of Planning and Development either, within
the Administrator's sole discretion, upon the record previously made
or upon a new hearing and shall issue a written decision to all parties;
such decision may be subject to judicial review in the Circuit Court
of St. Louis County by filing an appropriate petition for judicial
review within fifteen (15) days of the Administrator's decision.
[R.O. 2009 §6-32; Ord. No. 3134 §1, 4-15-1991]
Whenever a notice is required to be served upon the persons interested in any building or structure under Section 500.310, 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 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 absented 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 County and shall contain 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 which shall be at least thirty (30) days from the date of the first (1st) publication of notice.
[R.O. 2009 §6-33; Ord. No. 3134 §1, 4-15-1991]
Within thirty (30) days from the date of the hearing required by Section 500.320, the Director of Planning and Development shall, upon the basis of competent and substantial evidence offered at the hearing, make a conclusion of law as to whether or not the building or structure in question is a public nuisance under the terms of this Article 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 Article have been substantially met and complied with and whether or not the abatement order of the Building Official to abate the nuisance was reasonable in its terms and conditions and within the standards of this Article. In the event it is found that the abatement order was not reasonable or within the standards of this Article, it shall be the duty of the Director of Planning and Development to make his/her own finding of fact as to what is reasonably required to abate the public nuisance within the standards of this Article. If the Director of Planning and Development finds that a public nuisance does not exist or that the procedures of this Article have not been substantially met and complied with, the proceedings against the building or structure shall be dismissed.
[R.O. 2009 §6-34; Ord. No. 3134 §1, 4-15-1991]
If a proceeding is not dismissed following the findings required by Section 500.340, the Director of Planning and Development shall issue an order directing the building or structure to be completed, repaired, demolished or vacated, as the case may be, within the standards of this Article. This order, together with the findings of fact and conclusions of law required by Section 500.340, shall be in writing and shall be immediately delivered or mailed to each party to the hearing or to his/her attorney of record. In addition, copies of the order and findings of fact and conclusions of law shall be posted in a conspicuous place in City Hall for a period of thirty (30) days from the date of issuance thereof. The order shall state a reasonable time which shall not be less than thirty (30) days from the date of issuance within which to comply with the order and shall provide that if it is not complied with within such time, the Board of Aldermen, at the request of the Director of Planning and Development, shall cause the work to be done by the City and its own crews or by contractors employed by the City for that purpose.
[R.O. 2009 §6-35; Ord. No. 3134 §1, 4-15-1991]
A.
Whenever the City shall have caused the work to be done as provided by Section 500.350, the Board of Aldermen shall certify the costs of the work, for the cost of the reporter at the hearing and for the cost of all expert witnesses retained by the City in connection with the hearing to the City Clerk/Administrator who shall cause a special tax bill therefore 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 City Clerk/Administrator in a book to be kept by him/her for such purposes. The tax bill shall be collected by the official or authority collecting taxes.
B.
At
the written request of the taxpayer delivered to the City Clerk/Administrator
of the City, a tax bill for repair or demolition of a building or
structure may be paid in installments over a period of not more than
ten (10) years. 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 payment of principal 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 installment payments is not made prior to the time the
Board of Aldermen shall certify the cost of the work to the City Clerk/Administrator,
the tax bill shall be payable in sixty (60) days from its date of
issuance with interest thereon at the maximum rate per annum allowable
by law.
D.
Tax
bills issued under this Section 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 Attorney on behalf of the City.
[R.O. 2009 §6-36; Ord. No. 3134 §1, 4-15-1991]
A.
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 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 repair or demolition of
such building as a dangerous building, the monies held by the City
shall be applied toward the payment of the 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 endorsements thereto,
provide.
2.
The City shall release the proceeds and any interest which has accrued on such proceeds received under Subsection (1) 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 500.350 and 500.360. If the City has proceeded under the provisions of Sections 500.350 and 500.360, all monies in excess of that necessary to comply with the provisions of Sections 500.350 and 500.360 for the removal of the building or structure, 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, demolish
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. 2009 §6-37; Ord. No. 3134 §1, 4-15-1991]
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 Director of Planning and Development made under the provisions of Section 500.350 of this Article. The appeal shall be to the Circuit Court of the County as established in Chapter 536, RSMo.
[R.O. 2009 §6-38; Ord. No. 3134 §1, 4-15-1991]
In all cases where it reasonably appears that an immediate danger
to the health, safety or welfare of any person exists, the Director
of Planning and Development may take emergency action to vacate, repair
or demolish a building or structure which is a public nuisance under
the provisions of this Article.
[R.O. 2009 §6-39; Ord. No. 3134 §1, 4-15-1991]
No officer, agent or employee of the City 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 Article. 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. It is hereby further declared
that no officer, agent or employee of the City owes any duty under
the provisions of this Article 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.
[R.O. 2009 §6-40; Ord. No. 1899 §1, 1-19-1970; Ord. No. 3134 §2, 4-15-1991]
A.
Any
person having an interest in a dangerous building who shall fail to
comply with any notice or order to repair, recondition, vacate or
demolish the building given by any person authorized by this Code
to give such notice or order shall be guilty of a misdemeanor.
B.
The
occupant or lessee in possession who fails to comply with any notice
to vacate and anyone having an interest in the building as shown by
the land records of the Recorder of Deeds of the County where the
land lies and under a legal duty to repair, who fails to repair the
building in accordance with any notice given as provided for in this
Code, shall be guilty of a misdemeanor.
[R.O. 2009 §6-41; Ord. No. 3228 §1, 7-6-1992]
Any owner/occupant who has originally been cited or given notice of violations by this City's representative, designated person or official and has made the necessary corrections who then continues to cause conditions of buildings and structures which have been determined to be detrimental to the health, safety and welfare of the residents of the City and therefore constitutes a violation of Section 500.800, defined and enumerated, will be guilty of an offense and subject to a fine of two hundred fifty dollars ($250.00). This amount to be paid to the City of Brentwood if upon notice of repeat nuisance to the owner/occupant abatement is not completed within forty-eight (48) hours after notice was served.
[R.O. 2009 §6-42; Ord. No. 3235 §1, 8-17-1992]
Any owner/occupant fined under the terms of Section 500.420, defined and enumerated, may request a hearing before the City Clerk/Administrator on the question of a repeated violation, and/or whether or not it was properly abated within the prescribed forty-eight (48) hour remedy period. If, upon such hearing, the City Clerk/Administrator finds that a violation exists, he/she shall declare the building or structure to be detrimental to the health, safety and welfare of the residents of the City, uphold the fine upon the violation and order its immediate abatement.
[R.O. 2009 §6-43; Ord. No. 3447 §1, 11-6-1995]
A.
If
a structure is vacant and unfit for human habitation, occupancy or
use and is not in danger of structural collapse, Code Official shall
be permitted to post a placard of condemnation on the premises and
order the structure closed up so it will not be an attractive nuisance.
Upon failure of the owners to close up the premises within the time
period specified in the order, the Code Official shall cause it to
be closed through any available public agency or by contract or arrangement
by private persons and the cost closed through any available public
agency or by contract or arrangement by private persons and the cost
thereof shall be charged against the real estate upon which the structure
is located and shall be a lien on such real estate.
B.
The owner is required to commence restoration of the structure to habitable condition within a period of three (3) months from the date the placard of condemnation is posted. Failure to do so shall be considered a violation of this Code and shall be punishable in accordance with Section 100.080 of the Brentwood City Code. Each day the violation remains unabated shall constitute a separate offense.
The Building Official shall have the authority to authorize
disconnection of utility service to the building, structure or system
regulated by this Article in case of emergency where necessary to
eliminate an immediate hazard to life or property or when such utility
connection has been made without approval. The Building Official shall
notify the serving utility and, whenever possible, the owner and occupant
of the building, structure or service system of the decision to disconnect
prior to taking such action. If not notified prior to disconnection
the owner or occupant of the building structure or service system
shall be notified in writing as soon as practical thereafter.
