[Ord. No. 2008-15 §1, 3-25-2008]
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
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 Bonne Terre, Missouri.
[Ord. No. 2008-15 §3, 3-25-2008]
A.
All
buildings or structures that are detrimental to the health, safety
or welfare of the residents of the City of Bonne Terre, Missouri,
and that have any or all of the following defects 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 walls 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 of Bonne Terre,
Missouri.
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 who live or may live therein.
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 evacuation.
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.
10.
Those buildings existing in violation of any provision of the Building
Code of this City or other ordinances of this City.
[Ord. No. 2008-15 §4, 3-25-2008]
A.
The
following standards shall be followed in substance by the Building
Inspector and the Building Commissioner in ordering repair, vacation
or demolition:
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 its occupants,
it shall be ordered to be vacated.
3.
In any case where a "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. 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 the City or Statute of the State
of Missouri, it shall be demolished.
[Ord. No. 2008-15 §5, 3-25-2008]
All "dangerous buildings" within the terms of Section 505.020 of this Chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
The Building Inspector shall be the Building Inspector within
the meaning of this Chapter.
[Ord. No. 2008-15 §6, 3-25-2008]
A.
The
Building Inspector will make reasonable efforts to:
1.
Inspect or cause to be inspected semi-annually all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial, manufacturing or loft buildings for the purpose of determining whether any conditions exist which render such place a "dangerous building" within the terms of Section 505.020 of this Chapter.
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.
3.
Inspect any building, wall or structure reported (as hereinafter
provided for) by the Fire or Police Departments of this City or any
other City or municipal employee as probably existing in violation
of the terms of this Chapter.
4.
Notify in writing the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of the County of St. Francois of any building found by him/her to be a "dangerous building" within the standards set forth in Section 505.020 of this Chapter, that:
a.
The owner must vacate or repair or demolish said building in accordance
with the terms of the notice and this Chapter;
b.
The occupant or lessee must vacate said building or may have it repaired
in accordance with the notice and remain in possession;
c.
The mortgagee, agent or other persons having an interest in said
building as shown by the land records of the Recorder of Deeds of
the County of St. Francois may at his/her own risk repair, vacate
or demolish said building or have such work or act done; provided
that, any person notified under this Subsection to repair, vacate
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 forth in the notice provided for in Subsection (5) 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.
7.
Appear at all hearings conducted by the Building Commissioner and
testify as to the condition of "dangerous buildings".
8.
Place a notice on all "dangerous buildings" reading as follows:
"This building has been found to be a dangerous building by
the Building Inspector. This notice is to remain on this building
until it is repaired, vacated or demolished in accordance with the
notice which 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 the County of St. Francois. It is unlawful to remove this notice
until such notice is complied with."
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Provided however, that the order by the Building Inspector 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.
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The City Administrator shall act as Building Commissioner under
this Chapter.
[Ord. No. 2008-15 §7, 3-25-2008]
A.
The
Building Commissioner shall:
1.
Supervise and direct the Building Inspector 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 Building
Commissioner shall cause an inspection to be made forthwith. If the
Building Commissioner deems it necessary to the performance of his/her
duties and responsibilities imposed herein, the Building Commissioner
may request an inspection and report be made by any other City department
or retain the services of an expert whenever the Building Commissioner
deems such service necessary.
2.
Upon receipt of a report of the Building Inspector as provided for in Section 505.060, Subsection (6) hereof, give written notice 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 the County of St. Francois to appear before him/her 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 provided for herein in Section 505.060, Subsection (8).
3.
Hold a hearing and hear such testimony as the Building Inspector
or the owner, occupant, mortgagee, lessee or any other person having
an interest in said building as shown by the land records of the Recorder
of Deeds of the County of St. Francois shall offer relative to the
"dangerous building". Any party may be represented by counsel and
all parties shall have an opportunity to be heard.
5.
If the evidence supports a finding based upon competent and substantial
evidence that the building or structure is a dangerous building and
public nuisance, the Building Commissioner shall issue an order based
upon its findings of fact commanding the owner, occupant, mortgagee,
lessee, agent or other person(s) having an interest in said building
as shown by the land records of St. Francois County to repair, vacate
or demolish any building found to be a dangerous building and public
nuisance 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 the owner or any person having an interest in said
building as shown by the land records of St. Francois County wherein
the land is, may vacate and demolish said dangerous building and public
nuisance at his/her own risk to prevent the acquiring by the City
of the lien against the land where the dangerous building and public
nuisance stands. If the evidence does not support a finding that a
building or structure is a dangerous building and public nuisance,
no order shall be issued.
6.
If the owner, occupant, mortgagee or lessee fails to comply with the order provided for in Subsection (5) hereof within thirty (30) days, the Building Commissioner shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards hereinbefore provided for in Section 505.020 of this Chapter, and shall with the assistance of the City Attorney cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien or cause such costs to be added to the tax duplicate as an assessment or to be levied as a special tax against the land upon which the building stands or did stand or to be recovered in a suit at law against the owner; provided, that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of the people of this City, the Building Commissioner shall notify the City Attorney to take legal action to force the owner to make all necessary repairs or demolish the building.
7.
Report to the City Attorney the names of all persons not complying
with the order provided for in this Section 505.080(5) hereof.
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 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 (6) of Section 505.080. If the City has proceeded under the provisions of Subsection (6) of Section 505.080, all monies in excess of that necessary to comply with the provisions of Subsection (6) of Section 505.080 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 Building Commissioner may certify that in lieu of payment of all or part of the covered claim payment under Subsection (A) that 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 Building Commissioner 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. 2008-15 §8, 3-25-2008]
Any owner, occupant, lessee, mortgagee, agent or any other person(s)
having an interest in a dangerous building and public nuisance as
shown by the land records of the Recorder of Deeds of the County wherein
the land is located may, within thirty (30) days from the receipt
of the order of the Building Commissioner, appeal such decision to
the Circuit Court of the County wherein the land is located pursuant
to the procedure established in Chapter 536, RSMo.
[Ord. No. 2008-15 §9, 3-25-2008]
A.
The
owner of any "dangerous building" who shall fail to comply with any
notice or order to repair, vacate or demolish said building given
by any person authorized by this Chapter to give such notice or order
shall be guilty of a misdemeanor and upon conviction thereof shall
be fined not exceeding five hundred dollars ($500.00) for each offense
and a further sum of twenty dollars ($20.00) for each and every day
such failure to comply continues beyond the date fixed for compliance.
B.
The
occupant or lessee in possession who fails to comply with any notice
to vacate and who fails to repair said building in accordance with
any notice given as provided for in this Chapter shall be guilty of
a misdemeanor and upon conviction thereof shall be fined not exceeding
five hundred dollars ($500.00) for each offense and a further sum
of twenty dollars ($20.00) for each and every day such failure to
comply continues beyond the date fixed for compliance.
[Ord. No. 2008-15 §11, 3-25-2008]
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a "dangerous building" as defined herein is immediately repaired, vacated or demolished, the Building Inspector shall report such facts to the Building Commissioner and the Building Commissioner shall 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 Section 505.110 hereof.
[Ord. No. 2008-15 §12, 3-25-2008]
In cases, except emergency cases, where the owner, occupant,
lessee or mortgagee is absent from the City, all notices or orders
provided for herein shall be sent by registered mail to the owner,
occupant, mortgagee, lessee and all other persons having an interest
in said building as shown by the land records of St. Francois County
to the last known address of each and a copy of such notice shall
be posted in a conspicuous place on the "dangerous building" to which
it relates. Such mailing and posting shall be deemed adequate service.
[Ord. No. 2008-15 §13, 3-25-2008]
No officer, agent or employee of the City of Bonne Terre shall
render himself/herself personally liable for any damage that may accrue
to persons or property as a result of any act required or permitted
in the discharge of his/her duties under this Chapter. Any suit brought
against any officer, agent or employee of the City of Bonne Terre
as a result of any act required or permitted in the discharge of his/her
duties under this Chapter shall be defended by the City Attorney until
the final determination of the proceedings therein.
[Ord. No. 2008-15 §14, 3-25-2008]
The employees of Fire Department, Police Department or other
City employee(s) shall make a report in writing to the Building Inspector
of all buildings or structures which are, may be or are suspected
to be "dangerous buildings" within the terms of this Chapter. Such
reports must be delivered to the Building Inspector within twenty-four
(24) hours of the discovery of such buildings by any employee of the
Fire Department, Police Department or other employee(s).
