[Ord. No. 14-14 §§1 — 2, 10-7-2014[1]]
It is the purpose of this Chapter to provide a just, equitable
and practicable method for the repairing, vacation or demolition of
buildings or structures that may endanger the life, limb, health,
property, safety or welfare of the occupants of such buildings or
the general public, and this Chapter shall apply to all dangerous
buildings, as herein defined, that now are in existence or that may
hereafter exist in the City of Charlack, Missouri.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 510, Dangerous Buildings, derived in part from CC 1992
§§507.050 and 507.070 and Ord. No. 615, adopted 8-10-1992.
[Ord. No. 14-14 §§1 — 2, 10-7-2014]
A.
All buildings or structures that have any or all of the following
defects shall be deemed "dangerous buildings":
1.
Those with interior walls or other vertical structural members
that list, lean or buckle to such an extent that a plumb line passing
through the center of gravity falls outside the middle third of its
base.
2.
Those that have improperly distributed loads upon the floors
or roofs, or in which the same are overloaded, or that have insufficient
strength to be reasonably safe for the purpose used.
3.
Those that are so dilapidated, decayed, unsafe, unsanitary or
that 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, safety
or welfare of those occupying such building.
4.
Those having light, air and sanitation facilities that are inadequate
to protect the health, safety or general welfare of human beings who
live or may live therein.
5.
Those having inadequate facilities for egress in case of fire
or panic or those having insufficient stairways, elevators, fire escapes
or other adequate means of evacuation.
6.
Those which have exterior portions, members, appurtenances,
ornamentations, or components which are likely to fail or collapse,
or to become detached or dislodged, and thereby injure persons or
damage property.
7.
Those that, because of their condition, are unsafe, unsanitary
or dangerous to the health, safety or general welfare of the people
of this City.
8.
Those which are unoccupied and are open at door and window.
9.
Those which are unoccupied and have been damaged by fire, wind,
vandalism or other causes so as to impair the life, health, or safety
of persons who are or might reasonably be in or on neighboring structures
or rights-of-way.
10.
Those which are unoccupied and are so dilapidated or unsafe
as to be likely to cause injury to the health, safety, or welfare
of neighbors.
11.
Those which have never been lawfully occupied and for which
a certificate of occupancy could not be granted by reason of non-completion,
where construction has been substantially abandoned for more than
eighteen (18) months.
12.
Those unoccupied structures which are considered to be a fire
hazard by having accumulations of combustible rubbish or waste materials,
or the excess storage of any combustible material, or the storage
of dangerous or unlawful amounts of flammable, explosive or otherwise
hazardous materials.
13.
Those unoccupied structures which have been damaged by fire,
earthquake, wind, flood, vandalism, malicious mischief, or other cause,
or have become so dilapidated, deteriorated or decayed as to come
within any one or more of the following categories: affirmed by the
Code Official and the Office of the County Counselor:
[Ord. No. 14-14 §§1 — 2, 10-7-2014]
All dangerous buildings or structures, as defined by Section 510.020 of this Chapter, are hereby declared to be public nuisances and shall be repaired or demolished as provided herein.
[Ord. No. 14-14 §§1 — 2, 10-7-2014]
A.
The following standards shall govern the Building Inspector and the
Code Enforcement Officer in determining whether to order the repair
or demolition of any dangerous building:
1.
Repairs permitted. If, at the discretion of
the Building Inspector or Code Enforcement Officer, a dangerous building
can reasonably be repaired so that it no longer will exist in violation
of the terms of this Chapter, or any other applicable law or ordinance,
it shall be ordered vacated and repaired within a reasonable time.
2.
Demolition required. If, at the discretion
of the Building Inspector or Code Enforcement Officer, a dangerous
building is 50% or more damaged, decayed or deteriorated and such
structure cannot be reasonably repaired so that it will be in compliance
with this Chapter and any other applicable law or ordinance, or if
the Building Inspector or Code Enforcement Officer determines that
the building is detrimental to the safety, health and welfare of the
community, the building shall be ordered vacated and shall be demolished.
3.
In all cases where a dangerous building is a fire hazard existing
or erected in violation of the terms of this Chapter or any ordinance
of this City or Statute of the State of Missouri, it shall be vacated
and repaired or demolished.
[Ord. No. 14-14 §§1 — 2, 10-7-2014]
All City Police Officers and all other City employees so designated
by the Mayor shall be the Building Inspector(s) within the meaning
of this Chapter.
[Ord. No. 14-14 §§1 — 2, 10-7-2014]
A.
The Building Inspector(s) shall have the duty under this Chapter
to:
1.
Inspect or cause to be inspected, as often as may be necessary,
all residential, institutional, assembly, commercial, industrial,
garage, special or miscellaneous occupancy buildings for the purpose
of determining whether any conditions exist that render such place
to be a dangerous building when he/she has reasonable grounds to believe
that any such building is dangerous.
2.
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, and the Building
Inspector determines that there are reasonable grounds to believe
that such building is dangerous.
3.
Inspect any building, wall or structure reported by the Fire
or Police Department of this City as probably existing in violation
of this Chapter.
4.
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 of St. Louis County, of any building or structure found by him/her to be a dangerous building or structure within the standards set forth in Section 510.020.
a.
Such notice shall be in writing and shall be given either by
personal service or by certified mail, return receipt requested; or
if service cannot be had by either of these modes of service, then
service may be had by at least one publication in a newspaper of general
circulation. A copy of the notice shall also be posted in a prominent
place on the premises.
b.
The notice required shall state that:
(1)
The owner must vacate, vacate and repair, or vacate
and demolish said building and clean up the lot or property on which
the building is located in accordance with the terms of the notice
and this Chapter.
(2)
The occupant or lessee must vacate said building
or have it repaired in accordance with the notice and remain in possession.
(3)
The mortgagee, agent or other persons having an
interest in said building as shown by the land records of the Recorder
of Deeds of St. Louis County may, at his/her own risk, repair, vacate
or demolish the building and clean up the property or have such work
done; provided that any person notified under this Subsection to repair,
vacate or demolish any building or clean up the property shall be
given such reasonable time, not exceeding thirty (30) days, to commence
the required work.
c.
The notice provided for in this Section shall state a description
of the building or structure deemed dangerous, a statement of the
particulars that make the building or structure a dangerous building,
a statement indicating that as a dangerous building said building
or structure constitutes a nuisance, and an order requiring the designated
work to be commenced within the time provided for in the above Subsection.
5.
Report in writing to the City Code Enforcement Officer the non-compliance
with any notice to vacate, repair, demolish, or clean up the property
or upon the failure to proceed continuously with the work without
unnecessary delay.
6.
Appear at all hearings conducted by the Code Enforcement Officer
and testify as to the condition of dangerous buildings.
7.
Immediately report to the Code Enforcement Officer concerning
any building found by him/her to be inherently dangerous and that
he/she determines to be a nuisance per se. The Code Enforcement Officer
may direct that such building be marked or posted with a written notice
reading substantially as follows:
"This building has been found to be a dangerous building by
the Building Inspector. This notice is to remain on this building
and/or property until it is repaired, vacated or demolished and the
property is cleaned up in accordance with the notice that has been
given the owner, occupant, lessee, mortgagee or agent of this building
and all other persons having an interest in said building as shown
by the land records of the Recorder of Deeds of St. Louis County.
It is unlawful to remove this notice until such notice is complied
with."
Provided, however, that the order by the Code Enforcement Officer
and the posting of said notice shall not be construed to deprive all
persons entitled thereto by this Chapter to the notice and hearing
prescribed herein.
[Ord. No. 14-14 §§1 — 2, 10-7-2014]
The Mayor, City Administrator, Chief of Police, Board of Aldermen,
individual members of the Board of Aldermen or other officer or officers
so designated by the Mayor may act as Code Enforcement Officer under
this Chapter.
[Ord. No. 14-14 §§1 — 2, 10-7-2014]
A.
The Code Enforcement Officer shall have the powers and duties pursuant
to this Chapter to:
1.
Supervise all inspections required by this Chapter and cause
the Building Inspector to make inspections and perform all the duties
required of him/her by this Chapter. Upon receiving a complaint or
report from any source that a dangerous building exists in the City,
the Code Enforcement Officer shall cause an inspection to be made
forthwith. If the Code Enforcement Officer deems it necessary to the
performance of his/her duties and responsibilities imposed herein,
the Code Enforcement Officer may request an inspection and report
be made by any other City department or retain services of an expert
whenever the Code Enforcement Officer deems such service necessary.
2.
Upon receipt of a report from the Building Inspector indicating
failure by the owner, lessee, occupant, mortgagee, agent or other
persons(s) having an interest in said building to commence work of
reconditioning or demolition within the time specified by this Chapter
or upon failure to proceed continuously with work without unnecessary
delay, hold a hearing giving the affected parties full and adequate
hearing on the matter.
3.
Give written notice of said hearing, either by personal service
or by certified mail, return receipt requested, or if service cannot
be had by either of those modes of service, then by publication in
a newspaper of general circulation, at least ten (10) days in advance
of the hearing date, to the owner, occupant, mortgagee, lessee, agent
and all other persons having an interest in said building as shown
by the land records of the Recorder of Deeds of St. Louis County,
who may appear before the Code Enforcement Officer on the date specified
in the notice to show cause why the building or structure reported
to be a dangerous building should not be repaired, vacated or demolished
in accordance with the statement of particulars set forth in the Building
Inspector's notice as provided herein. The notice of hearing
shall also be posted in a prominent place on the premises. Any party
may be represented by counsel, and all parties shall have an opportunity
to be heard.
4.
Make written findings of fact from the evidence offered at said hearing as to whether or not the building in question is a dangerous building within the terms of Section 510.020 of this Chapter.
5.
If the evidence supports a finding based upon competent and
substantial evidence that the building or structure is a dangerous
building and a nuisance or detrimental to the health, safety or welfare
of the residents of the City, the Code Enforcement Officer shall issue
an order based upon his/her findings of fact commanding the owner,
occupant, mortgagee, lessee, agent or other persons(s) having an interest
in said building as shown by the land records of the Recorder of Deeds
of St. Louis County to repair, vacate or demolish any building found
to be a dangerous building and to clean up the property, provided
that any person so notified shall have the privilege of either repairing
or vacating and repairing said building, if such repair will comply
with the ordinances of this City, or may vacate and demolish said
dangerous building at his/her own risk to prevent the acquiring by
the City of the lien against the land where the dangerous building
stands. If the evidence does not support a finding that a building
or structure is a dangerous building, no order shall be issued.
6.
If the owner, occupant, mortgagee or lessee fails to comply with the order within thirty (30) days, the Code Enforcement Officer shall cause such building or structure to be repaired, vacated or demolished and the property cleaned up, as the facts may warrant. If the Code Enforcement Officer or other designated officer or officers issue 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 City Collector or other 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. Except as provided in Section 510.090, 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 deemed a personal debt against the property owner and shall also be a lien on the property until paid. Said tax bill or assessment shall bear interest at a rate of eight percent (8%) per annum until paid.
[Ord. No. 14-14 §§1 — 2, 10-7-2014]
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 following procedure is established for the payment of up
to twenty-five percent (25%) of the insurance proceeds as set forth
in this Subsection. This Subsection shall apply only to a covered
claim payment that 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 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 this Chapter.
2.
The City shall release the proceeds and any interest that 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 monies, unless the City has instituted legal proceedings under the provisions of Subsection (A)(6) of Section 510.080. If the City has proceeded under the provisions of Subsection (A)(6) of Section 510.080, all monies in excess of that necessary to comply with the provisions of Subsection (A)(6) of Section 510.080 for the removal, securing, repair and clean up of the building or structure and the lot on which it is located, less salvage value, shall be paid to the insured.
B.
If there are no proceeds of any insurance policy as set forth in Subsection (A) of 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 and a personal debt against the property owner(s) until paid.
C.
This Section shall apply to fire, explosion or other casualty loss
claims arising on all buildings and structures.
D.
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.
E.
The Code Enforcement Officer may certify that, in lieu of payment of all or part of the covered claim payment under Subsection (A), it has obtained satisfactory proof that the insured has removed or will remove the debris and repair, rebuild or otherwise make the premises safe and secure. In this event, the Code Enforcement Officer shall issue a certificate, within thirty (30) days after receipt of proof, to permit covered claim payment to the insured without the deduction pursuant to Subsection (A) of this Section. 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.
[Ord. No. 14-14 §§1 — 2, 10-7-2014]
Any owner, occupant, lessee, mortgagee, agent or any other person(s) having an interest in a dangerous building as shown by the land records of the Recorder of Deeds of St. Louis County may appeal an order of the Code Enforcement Officer to the Circuit Court of St. Louis County, as provided for in Sections 536.100 to 536.140, RSMo., if a proper record as defined in Section 536.130, RSMo., is maintained of the hearing provided for in Section 510.080 hereof. Otherwise, the appeal shall be made pursuant to the procedures provided for in Section 536.150, RSMo.
[Ord. No. 14-14 §§1 — 2, 10-7-2014]
In cases where it reasonably appears that there is immediate danger to the health, life, safety or welfare of any person unless a dangerous building, as defined herein, is immediately repaired, vacated or demolished and the property is cleaned up, the Building Inspector shall report such facts to the Code Enforcement Officer, and the Code Enforcement Officer may cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in Sections 510.080 and 510.090.
[Ord. No. 14-14 §§1 — 2, 10-7-2014]
The owner, occupant or lessee in possession of any dangerous
building who shall fail to comply with the order to repair, vacate
or demolish said building given by the Code Enforcement Officer or
who shall fail to proceed continuously without unnecessary delay;
and any person removing any notices provided for in this Chapter;
and any person violating any other provisions of this Chapter shall
be guilty of an ordinance violation and, upon conviction thereof,
shall be fined not more than five hundred dollars ($500.00). Each
day that a person fails to comply with an order of the Code Enforcement
Officer may be deemed a separate offense.
