[R.O. 1992 § 520.005; Ord. No.
814 § II, 12-12-2013]
Pursuant to Section 67.400 et seq., RSMo., the City is authorized to enact orders or ordinances to provide for vacation and the mandatory demolition of buildings and structures or mandatory repair and maintenance of buildings or 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. This Chapter
520 has been adopted pursuant to that authority and in full compliance with all requirements of Section 67.410, RSMo., as amended.
[R.O. 1992 § 520.010; Ord. No.
814 § II, 12-12-2013]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them herein:
BUILDING INSPECTOR
The person charged with interpreting the Wright City building
code and inspecting premises, buildings and structures in the City
of Wright City, Missouri, pursuant to the building code and ordinances
of the City.
DANGEROUS BUILDING
All buildings or structures which have any or all of the
following characteristics shall be deemed "dangerous buildings":
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 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 wall or covering.
3.
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.
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.
5.
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.
6.
Those having light, air and sanitation facilities which are
inadequate to protect the health, morals, safety or general welfare
of human beings.
7.
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.
8.
Those which have parts thereof which are so attached that they
may fall and injure members of the public or property.
9.
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.
OWNER
Any person, persons, partnership, unincorporated association,
corporation, or fraternal or religious organization 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 Warren County, Missouri.
For purposes of this Chapter, the term "owner" shall also include
any person, persons, partnership, unincorporated association, corporation,
or fraternal or religious organization 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 him/her, although the bare
legal title as shown by the conveyancing records in the office of
the Recorder of Deeds of Warren County, Missouri, remains in another.
For purposes of enforcing the provisions of this Chapter, the City
may, at its option, proceed against the legal or equitable interest
in said premises, or against both said interests.
[R.O. 1992 § 520.020; Ord. No.
814 § II, 12-12-2013]
A. The following standards shall be followed by the owners of vacant,
dangerous buildings in repair, removal or demolition:
1.
If the vacant, 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 vacant, 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 vacant, dangerous building is fifty percent
(50%) damaged or decayed, or deteriorated from its original value
or structure, it shall be demolished; and in all cases where a building
cannot be repaired so that it will no longer exist in violation of
the terms of this Chapter, it shall be demolished.
[R.O. 1992 § 520.030; Ord. No.
814 § II, 12-12-2013]
All vacant, dangerous buildings, as defined in Section
520.010, are hereby declared to be public nuisances and shall be repaired, removed or demolished as hereinbefore and hereafter provided.
[R.O. 1992 § 520.040; Ord. No.
814 § II, 12-12-2013]
A. The Building Inspector shall:
1.
Inspect any building, wall or structure about which complaints
are filed by any person to the effect that a building, wall or structure
is or may be existing in violation of this Chapter.
2.
Inspect any building, wall or 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 his investigation
and inspection to the City Administrator.
4.
Provide notice pursuant to Section
520.050 to the owner, lessee, mortgagee, agent and all other persons having an interest in said building of any building found by the Building Inspector to be a dangerous building, within the standards set out in Section
520.010, that:
a.
The owner must remove or repair or demolish said building in
accordance with the terms of the notice and this Chapter;
b.
The said building may not be occupied until it shall be repaired
in accordance with this Chapter;
c.
The persons having an interest in said building may, at such
persons' own risk, repair, remove or demolish said building or have
such work or act done; provided, that any person notified under this
Subsection to repair, remove or demolish any building shall be given
such reasonable time, not exceeding thirty (30) days, as may be necessary
to do or have done the work or act required by the notice provided
for herein.
5.
Set out, in the notice provided for in Subsection
(A)(4) hereof, a description of the building or structure deemed unsafe, a statement of the particulars which make the building or 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.
6.
Report to the City Clerk any noncompliance with the notice provided for in Subsection
(A)(4) and
(5) hereof.
7.
Appear at all hearings conducted by the City Administrator and
testify as to the condition of dangerous buildings.
8.
Place a notice on all dangerous buildings as set forth in Section
520.050.
[R.O. 1992 § 520.050; Ord. No.
814 § II, 12-12-2013]
A. The City of Wright City, Missouri, hereby establishes the following
procedures for notices of dangerous buildings and other unsafe structures
or equipment.
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 notice, at a minimum, shall 1) specify that the property
is to be vacated, if such be the case, reconditioned or removed; and
2) list a reasonable time for commencement. The notice shall be addressed
to the owner, occupant, lessee, mortgagee, agent, and all other persons
having an interest in the building or structure as shown by the land
records of the Recorder of Deeds of Warren County and 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 or building that constitute a dangerous building, as defined in Section
520.010, and declare that structure or building a public nuisance.
a.
The notice shall also order the structure or building vacated by the 15th day following service of the notice. However, if the Building Inspector determines that an imminently dangerous condition exists, the notice shall also order that the structure or building be vacated forthwith pursuant to Section
520.100 and/or Section 109.1 of the Property Maintenance Code and that the building or 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.
Form Of Notice. The notice shall be in substantially the following
form:
CITY OF WRIGHT CITY, MISSOURI
|
NOTICE OF UNSAFE STRUCTURE AND DECLARATION OF PUBLIC NUISANCE
AND ORDER
|
Unsafe Structure: [insert address or other adequate description
of building or structure]
|
Serve: [insert names of owner, occupant, lessee, mortgagee,
agent and all other persons having an interest in the structure or
building according to the land records of the Warren County Recorder
of Deeds]
|
Notice of Unsafe Structure, Declaration of Public Nuisance,
and Order: [complete Paragraphs 1, 2 and either 3a or 3b]
|
[1]
|
THE STRUCTURE OR BUILDING IDENTIFIED ABOVE IS UNSAFE AND IS
HEREBY DECLARED A PUBLIC NUISANCE BECAUSE OF THE FOLLOWING DEFECTS:
|
[List specific defects]
|
[2]
|
NO PERSON MAY OCCUPY THIS STRUCTURE OR BUILDING, OR ANY PART
THEREOF, AFTER THE 15TH DAY [or other reasonable period] FOLLOWING
SERVICE OF THIS NOTICE.
|
After such date, no person shall occupy, enter, refuse to leave,
or remain in this structure or building or any part thereof, except
persons directly employed in securing, repairing or removing such
building.
|
[If it is determined that repairs but not demolition of the
dangerous building is in order, then the notice shall state:]
|
[3a]
|
THIS STRUCTURE OR BUILDING MUST BE REPAIRED TO CURE THE DEFECTS
LISTED IN PARAGRAPH 1 ABOVE. WORK MUST BEGIN WITHIN [insert number
of days, not exceeding thirty (30)] DAYS FOLLOWING SERVICE OF THIS
NOTICE AND PROCEED CONTINUOUSLY WITHOUT UNNECESSARY DELAY TO COMPLETION.
|
Nothing herein shall prohibit an owner from complying with a
repair order by demolition and removal of this structure.
|
[If it is determined that demolition of the dangerous building
is in order, then the notice shall also state:]
|
[3b] THIS STRUCTURE MUST BE DEMOLISHED AND REMOVED FROM THE
PREMISES BY WITHIN [insert number of days, not exceeding sixty (60)]
DAYS FOLLOWING SERVICE OF THIS NOTICE.
|
This demolition order is mandatory. However, it may be converted
into a repair order, provided that plans and bids satisfactory to
the Building Inspector are presented to the Building Inspector within
[insert number of days, not exceeding twenty (20) days] of the service
of this notice.
|
4.
Posting Of Notice. In addition to the notice set forth in Subsection
(A)(1), 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.
[R.O. 1992 § 520.060; Ord. No.
814 § II, 12-12-2013]
A. Review of Building Inspector Determination:
1.
Appeal by Aggrieved Person. Any person aggrieved by a finding by the Building Inspector that a structure is a dangerous building within the meaning of Section
520.010 shall have ten (10) days in which to appeal, in writing, to the City Clerk, who shall schedule a hearing, upon written notice or waiver thereof, which said notice and hearing shall be conducted in accordance with this Chapter.
2.
Stay of Final Action. Upon request of the petitioner, the City
Administrator may stay, pending its review, the final action of any
decision of the Building Inspector, upon a showing that:
a. The petitioner has a substantial likelihood of demonstrating that
the final action to be reviewed is unlawful or an unconstitutional
taking;
b. Irreparable harm if such stay is not issued; and
c. The public interest would not be harmed by issuance of such stay.
3.
Hearing on failure to repair/demolish as ordered. If the owner
fails to undertake repair 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 City
Administrator, and the City Administrator shall call and have a full
and adequate hearing upon the matter, giving the affected parties
at least ten (10) days' written notice of the hearing.
4.
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 City Administrator
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 building or structure to be a dangerous building 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
building or otherwise a nuisance or detrimental to the health, safety
or welfare of the residents of the City, no order shall issue.
B. Representation At Hearing. At any hearing held pursuant to this Chapter,
any party may be represented by counsel, and all parties shall have
an opportunity to be heard.
C. Representation At Hearing. At any hearing held pursuant to this Chapter,
any party may be represented by counsel, and all parties shall have
an opportunity to be heard.
D. Appeal. Aggrieved parties may appeal any final decision of the City
Administrator to the Circuit Court of Warren County, provided that
such appeal is filed within thirty (30) days after the date of mailing
or delivery of the notice of the final decision. Failure to file within
this time period shall deprive the Circuit Court of jurisdiction.
Any appeal of a final decision of the City Administrator shall be
governed by Chapter 536, RSMo.
[R.O. 1992 § 520.070; Ord. No.
814 § II, 12-12-2013]
A. To be considered complete, a petition for review of the Building
Inspector’s order shall include:
1.
The full legal name of the petitioner requesting review;
2.
The precise final action to be reviewed, including the date,
the decision maker, and copies of all documentation of the decision;
3.
If injury to an interest relating to real property is claimed,
the legal description of the property and the name and business address
of the current owner of the property; the form of ownership, i.e.,
whether sole proprietorship, for-profit or not-for-profit corporation,
partnership, joint venture or other; and if owned by other than a
real person, the name and address of all partners or shareholders
owning ten percent (10%) or more of the outstanding shares;
4.
A detailed description of the factual and legal grounds for
the claim that the final action is incorrect, unsupported by facts
or, if claimed, unlawful or constitutes an unconstitutional taking,
without just compensation;
5.
A description of the protectable right or property interest
claimed to be affected, including a statement of any claimed or threatened
damages and the basis for such computation; and
6.
A sworn statement by the petitioner that the information contained
in the petition is true and accurate to the best of his/her knowledge
and belief.
[R.O. 1992 § 520.080; Ord. No.
814 § II, 12-12-2013]
If the City Administrator, or other designated officer or Board,
issues an order whereby the building or structure is demolished, secured,
or repaired, or the property is cleaned up, the cost of performance
shall be certified to the City Clerk or officer in charge of finance,
who shall cause a special tax bill or assessment therefor against
the property to be prepared and collected by the official collecting
taxes, unless the building or structure is demolished, secured or
repaired by a contractor pursuant to an order issued by the City and
such contractor files a mechanic's lien against the property where
the dangerous building is located. The contractor may enforce this
lien as provided in Sections 429.010 to 429.360, RSMo., 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.
[R.O. 1992 § 520.090; Ord. No.
814 § II, 12-12-2013]
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, 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 Subsection. 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 a building or other 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
(A)(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 moneys, unless the City has instituted legal proceedings under the provisions of this Chapter. If the City has proceeded under the provisions of Section
520.080 of this Chapter, all moneys in excess of that necessary to comply with the provisions of Section
520.080 of this Chapter for the removal, securing, repair and cleanup of the building or 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 Subsection, 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 buildings and structures.
5.
This Subsection 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.
[R.O. 1992 § 520.100; Ord. No.
814 § II, 12-12-2013]
A. When, in the opinion of the Building Official, it reasonably appears
that a dangerous building, as defined herein, poses an immediate or
potential danger to the health, safety or welfare of any person, the
Building Official may take emergency measures to vacate the building
and to abate, secure, repair or demolish the dangerous condition.
The Building Official 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.
B. In the event of such an emergency, the Building Official shall notify interested persons, as promptly as possible, as required in Section
520.050 hereof; provided, however, to protect the health, safety and welfare of the public, the Building Official shall have the authority to act in accordance with Subsection
(A) of this Section regardless of whether such notice has issued or whether review proceedings as established in Section
520.060 have been instituted.
C. The Building Official shall cause to be posted at each entrance to
any vacated, dangerous building 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.
D. For the purposes of this Section, the Building Official 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 Section
520.080 hereof.
E. In all cases where a building or structure does not meet the standards for dangerous buildings as set forth herein but nonetheless constitutes a nuisance to the general public because it is vacant and open to unauthorized entry, the Building Official may notify the owner to secure the building or structure within forty-eight (48) hours. In the event the owner fails to secure the building or structure in that time, the Building Official may take whatever measures are necessary to secure the building. The cost of such measures shall be recovered in the same manner as that provided in Section
520.080 hereof.
[R.O. 1992 § 520.110; Ord. No.
814 § II, 12-12-2013]
It shall be unlawful for any person to enter any building or
structure which has been placarded with a notice setting forth the
order of the Building Inspector requiring the building or structure
to be vacated. The Police Department may remove any unauthorized person
from any such building or structure and may take all steps necessary
to prevent any unauthorized person from entering such building or
structure.
[R.O. 1992 § 520.120; Ord. No.
814 § II, 12-12-2013]
Any person who shall violate any of the provisions of this Chapter,
or fail to obey or abide by an order of the Building Official made
pursuant thereto, shall, upon conviction thereof, be fined not less
than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00),
unless the owner of the property is not also a resident of the property,
then such fine may not exceed two thousand dollars ($2,000.00), or
shall be imprisoned in jail not to exceed ninety (90) days, or shall
suffer both such fine and imprisonment. Each day any such violation
shall occur or continue shall be deemed a separate offense.
A. Ordinance Violation. In addition to remedies set forth above, any person who shall violate any of the provisions of this Chapter, or fail to obey or abide by an order of the City Administrator made pursuant thereto, is guilty of an ordinance violation and shall, upon conviction thereof, be fined and/or imprisoned as set forth in Section
100.220 of this Code. Each day any such violation shall occur or continue shall be deemed a separate offense.
B. Costs
and Attorneys’ Fees. The City shall be entitled to enforce any
provision of this Chapter through all remedies lawfully available,
and any person determined to have violated the terms of this Code
including failure to obey or abide by an order of the City Administrator
made hereunder, shall further be liable to pay the City's costs and
attorneys' fees in enforcing the order and the Dangerous Building
Code provisions.