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 Stockton, Missouri.
[Ord. No. 81 §41.010(10), 4-11-1988]
A. All
buildings or structures that are detrimental to the health, safety
or welfare of the residents of the City and 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, 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. 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.
4. Those that have been damaged by fire, wind or other causes so as
to become dangerous to life, safety or the general health and welfare
of the occupants or the people of the City.
5. 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.
6. 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.
7. 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.
8. Those that have parts thereof that are so attached that they may
fall and injure members of the public or property.
9. Those that because of their condition are unsafe, unsanitary or dangerous
to the health, safety or general welfare of the people of this City.
10. Those which are a fire hazard existing or erected in violation of
any provision of this Code or other ordinance of the City or Statute
of the State.
All dangerous buildings or structures, as defined by Section
505.020 of this Chapter, are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided herein.
[CC 1979 §41.040]
All City Police Officers, the Supervisor of Streets, and all
other City employees so designated by the Mayor shall be the Building
Inspector(s) within the meaning of this Chapter.
[CC 1979 §41.060]
The Board of Aldermen shall act as Building Commissioner under
this Chapter.
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 Cedar County may appeal such decision to the Circuit Court of Cedar 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
505.080 hereof. Otherwise, the appeal shall be made pursuant to the procedures provided for in Section 536.150, RSMo.
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 Building Commissioner and the Building Commissioner 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
505.080 and
505.090.
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 Building Commissioner 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 Building Commissioner
may be deemed a separate offense.