Cross References — Electricity, ch. 505; fire prevention and protection, ch. 205; flood damage prevention and control, ch. 415; planning, ch. 400; plumbing, ch. 515; streets, sidewalks and public places, §§535.100 — 535.120; excavations, ch. 530; utilities, Title VII; subdivision regulations, ch. 410; zoning, ch. 405.
[CC 1983 §6-45; Ord. No. 418, 7-19-1971; Ord. No.
793 §1, 5-20-1996; Ord. No. 2005-4 §1, 4-4-2005]
This Chapter shall be known as the "Nuisance, Dangerous and
Unsafe Structures Ordinance" of the City.
[CC 1983 §6-46; Ord. No. 418, 7-19-1971; Ord. No.
793 §1, 5-20-1996; Ord. No. 2005-4 §1, 4-4-2005]
It is the purpose of this Chapter to provide a just, equitable
and practicable method for requiring the repair, vacation or demolition
of buildings or structures which are detrimental to the health, safety
or welfare of the occupants of such buildings or of the general public,
and this Chapter shall apply to all structures constituting a nuisance,
as hereafter defined, which are now in existence or which may hereafter
exist in the City.
[CC 1983 §6-47; Ord. No. 418, 7-19-1971; Ord. No.
793 §1, 5-20-1996; Ord. No. 2005-4 §1, 4-4-2005]
A.
All
dangerous buildings, within the terms of this Chapter, are hereby
declared to be public nuisances and shall be repaired, vacated or
demolished as provided in this Chapter. The existence of any one (1)
or more of the following conditions in or on a building or structure
shall cause such building or structure to constitute a nuisance:
1.
Those that have any bearing wall, earth retaining wall, column or
other vertical structural member which leans or buckles to such an
extent that it is reasonably likely to partially or completely collapse.
It shall be presumed that a structural member is reasonably likely
to partially or completely collapse if a plumb line passing through
the center of gravity falls outside the middle third of its base.
2.
Those having a floor, roof, wall, structural member or connection
which is overloaded, has insufficient bearing capacity or which has
insufficient strength to be safe for the purpose used so as to be
reasonably likely to collapse.
3.
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%) or more damage or deterioration of
the non-supporting enclosing walls or coverings.
4.
Those suffering from disrepair, neglect or lack of maintenance so
as to be unsanitary, insect, vermin or rat infested, filthy, contaminated
or lacking in ventilation, sanitary facilities, heating facilities
or other equipment reasonably common to structures used for the same
or a similar purpose as the intended use for the subject structure
to the degree that the structure is detrimental to the health, safety
or welfare of the occupants or members of the public.
5.
Those that have been damaged by fire, earthquake, rain, flood, wind
or other causes so as to become detrimental to the health, safety
or welfare of the occupants or members of the public.
6.
Those that have any part thereof so attached that it is reasonably
likely to fall.
7.
Those evidencing faulty or abandoned construction or demolition;
open, vacant, abandoned or insecure structures; structures that are
damaged or incomplete to the extent that the structure does not provide
secure shelter from the elements.
8.
Those having inadequate facilities for egress in case of fire or
panic or those having insufficient stairways, fire escapes or other
adequate means of evacuation.
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.
Where a structure is deemed to be 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.
11.
Where the structure is deemed to be a hazard to life or limb existing
or erected in violation of the terms of this Chapter or any ordinance
of this City or Statute of the State.
12.
Any condition in a building or structure which, as constructed, is
not in compliance with any building, electrical, mechanical, plumbing
or fire prevention code adopted by the City in Title V of the Code
of Ordinances of the City.
13.
Any condition in a building or structure not in compliance with the
City's zoning regulations set forth in Title IV of this Code.
14.
Any pre-owned or previously occupied modular building or structure,
manufactured home or other manufactured building or structure that
is offered for sale:
b.
That is maintained on any property in utter disregard for the effect
that the condition of such structure has on property values of other
properties within the City,
c.
That is so dilapidated, decayed, unsafe or unsanitary that it utterly
fails to provide the amenities essential to decent living in the condition
in which it is offered for sale, or
d.
That is not adequately anchored so as to protect members of the public.
[CC 1983 §6-48; Ord. No. 418, 7-19-1971; Ord. No.
793 §1, 5-20-1996; Ord. No. 2005-4 §1, 4-4-2005]
A.
The
following standards shall be followed in substance by the Code Enforcement
Officer and the Building Commissioner in ordering the repair, vacation
or demolition of any structure constituting a nuisance:
1.
If the structure 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 structure is in such condition as to make it dangerous to
the health, safety or general welfare of its occupants, it shall be
ordered to be vacated and repaired.
3.
In all cases where a building cannot reasonably be repaired so that
it will no longer exist in violation of the terms of this Chapter,
it shall be demolished.
[CC 1983 §6-49; Ord. No. 418, 7-19-1971; Ord. No.
793 §1, 5-20-1996; Ord. No. 2005-4 §1, 4-4-2005]
A.
The
Code Enforcement Officer 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 which render such places
a nuisance when he has reasonable grounds to believe that any such
building is a nuisance under 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, and the Code Enforcement
Officer determines that there are reasonable grounds to believe that
such building is a nuisance under this Chapter.
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 in writing, either by personal service or by certified mail,
return receipt requested, or if service cannot be effected by either
of these modes of service, then service may be had by publication
in a newspaper qualified to publish legal notices for two (2) successive
weeks, the owner, occupant, lessee, mortgagee, agent, and all other
persons having an interest in the building or structure as shown on
the land records of the Recorder of Deeds of Pemiscot County of any
building declared by him to be a nuisance within the standards set
forth in this Chapter. The notice required shall state that:
a.
The owner of the structure is to vacate the structure, if such be
the case, and recondition or remove the structure in accordance with
the notice and this Chapter;
b.
The occupant or lessee must vacate such structure or have it repaired
in accordance with the notice and remain in possession;
c.
The mortgagee, agent or other persons having an interest in such
structure as shown by the land records of the Recorder of Deeds of
Pemiscot County may at his own risk repair, vacate or demolish the
structure or have such work done;
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provided that, any person notified under this Subsection to
repair, vacate or demolish any building shall have a reasonable time
not exceeding thirty (30) days to commence the required work unless
in the judgment of the Code Enforcement Officer it is determined to
be necessary to extend such time to commence the work for good cause
shown.
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5.
The notice provided in this Section shall state a description of the building or structure declared to be a nuisance, a statement of the particulars which make the building or structure a nuisance and an order requiring the designated work to be commenced within the time, or extension thereof, provided for in the above Subsection (4).
6.
Report in writing to the Building Commissioner the non-compliance
with any notice to vacate, repair or demolish.
7.
Appear at all hearings conducted by the Building Commissioner and
testify as to the condition of the structure.
8.
Immediately report to the Building Commissioner concerning any building
found by him to be inherently dangerous and which he determines to
be a nuisance per se. The Building Commissioner 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 Code Enforcement Officer. This notice is to remain on the 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 such building as shown by the land records of the Recorder of Deeds
of the County. It is unlawful to remove this notice until such notice
is complied with."
Provided however, that the posting of such notice shall not
be construed to deprive all persons entitled thereto by this Chapter
to the notice and hearing prescribed herein.
[Ord. No. 2005-4 §1, 4-4-2005]
There is hereby established the office of Building Commissioner.
The Building Commissioner shall be at least twenty-one (21) years
of age. The Building Commissioner shall be appointed by the Mayor
with the advice and consent of the City Council. The Building Commissioner
shall serve at the will of the Mayor and City Council. In the event
the Building Commissioner recuses himself or herself from any matter
or is otherwise unavailable to serve as the hearing officer on any
matter, the Mayor shall have the authority to appoint another qualified
person to act as Building Commissioner in such matter. The Building
Commissioner may hold other offices or employment positions with the
City.
[CC 1983 §6-50; Ord. No. 418, 7-19-1971; Ord. No.
793 §1, 5-20-1996; Ord. No. 2005-4 §1, 4-4-2005]
A.
The
Building Commissioner shall have the power and duty pursuant to this
Chapter to:
1.
Supervise all inspections required by this Chapter and cause the
Code Enforcement Officer to make inspections and perform all duties
required of him by this Chapter. Upon receiving a complaint or report
from any source to the effect that a building, wall or structure is
or may be existing in violation of this Chapter, he shall cause an
inspection to be made forthwith. If he deems it necessary to the performance
of his duties and responsibilities imposed herein, he may request
an inspection and report be made to him by any other City department
or retain the services of an expert whenever he deems such service
necessary.
2.
Upon receipt of a report of the Code Enforcement Officer that any
person has failed to commence work of reconditioning or demolition
within the time specified in his notice or to proceed continuously
with the work without unnecessary delay, the Building Commissioner
shall give written notice, either by personal service or by certified
mail, return receipt requested, or if service cannot be effected by
either of these modes of service, then service may be had by publication
in a newspaper qualified to publish legal notices for two (2) successive
weeks, to the affected parties at least ten (10) days in advance of
a hearing date to appear before him on the date specified in the notice
to show cause why the building declared to be a nuisance should not
be repaired, vacated or demolished in accordance with the statement
of particulars set forth in the Code Enforcement Officer's notice
provided for herein.
3.
Upon receipt of a report of the Code Enforcement Officer and after
having given the notice required, the Building Commissioner shall
call and hold a full and adequate hearing and hear such testimony
as the Code Enforcement Officer and the owner, occupant, mortgagee,
lessee or any other person affected shall offer relative to the structure.
Any party may be represented by counsel and all parties shall have
an opportunity to be heard.
4.
After the hearing, if the evidence supports a finding that the building or structure is a nuisance or detrimental to the health, safety or welfare of the residents of the City, the Building Commissioner shall issue an order making specific findings of fact, based upon competent and substantial evidence, which shows the building or structure to be a nuisance and detrimental to the health, safety or welfare of the residents of the City and ordering the building or structure to be demolished and removed, or repaired. If the evidence does not support a finding that the building or structure is a nuisance or detrimental to the health, safety or welfare of the residents of the City, then no order shall be issued. The City shall not commence the demolition or repair of the structure until the time for appeal provided in Section 525.090 below has expired.
[CC 1983 §6-51; Ord. No. 793 §1, 5-20-1996; Ord. No. 2005-4 §1, 4-4-2005; Ord. No. 2006-8 §1, 4-7-2006]
If the Building Commissioner 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 thereof against the property to be prepared and
collected by the City Collector, unless the building is demolished,
secured or repaired by a contractor pursuant to an order issued by
the Mayor and such contractor files a mechanic's lien against the
property where the building is located. The contractor may enforce
this lien as provided in Sections 429.010 to 429.360, RSMo. 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 in full.
[Ord. No. 2017-11 § 1, 8-21-2017]
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 Section. This Section 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 Subsection 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 Section 525.050 of this Code. If the City or county has proceeded under the provisions of Section 525.050 of this Code, all moneys in excess of that necessary to comply with the provisions of Section 525.050 of this Code 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;
B.
If there are no proceeds of any insurance policy as set forth in
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 date of its issuance shall be a lien on the property
until paid;
C.
This Section shall apply to fire, explosion, or other casualty loss
claims arising on all buildings and structures;
D.
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.
[1]
Editor's Note: Ord. No. 2006-8 § 1, adopted
April 7, 2006, repealed section 525.080 "insurance proceeds" in its
entirety. Former section 525.080 derived from ord. no. 2005-4 § 1,
4-4-05.
[Ord. No. 2005-4 §1, 4-4-2005]
Any owner, occupant, lessee, mortgagee, agent or other person
having an interest in a building declared to be a nuisance as shown
by the land records of the Recorder of Deeds of Pemiscot County 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.
[CC 1983 §6-52; Ord. No. 793 §1, 5-20-1996; Ord. No. 2005-4 §1, 4-4-2005]
In cases where it reasonably appears there is immediate danger
to the health, safety or welfare of any person, the Code Enforcement
Officer with the consent of the Building Commissioner may take emergency
measures to vacate and repair or demolish a dangerous building or
structure.
[Ord. No. 793 §1, 5-20-1996; Ord. No. 2005-4 §1, 4-4-2005]
Any violation of the provisions of this Chapter shall be punishable
by fine or imprisonment, or both fine and imprisonment. Such fine
shall not be less than two hundred dollars ($200.00) and may not exceed
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).
[Ord. No. 2006-22 §1, 12-4-2006]
In the event of a natural disaster that renders a structure or structures dangerous and unsafe as determined by the Code Enforcement Officer pursuant to the standards of Section 525.030, the City Council may, with permission, approval and right of entry from all property owners and all other parties with an interest in the property as disclosed by the records of the Pemiscot County Recorder of Deeds, demolish such structure or structures pursuant to a voluntary demolition program adopted by the City Council.
