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 Cole Camp, Missouri.
[Ord. No. 530, 11-18-2021]
A.
Any building or structure having any of the conditions hereinafter set forth is hereby declared to be detrimental to the health, safety or welfare of the residents of the City of Cole Camp, Missouri, and to constitute a public nuisance and a municipal ordinance violation, to wit:
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 which have improperly distributed loads upon the floors or roofs or in which the floors or roofs are overloaded, or those having floors or roofs of insufficient strength to be reasonably safe for the purpose for which they are being used or intended to be used.
4.
Those which have been substantially damaged by fire, wind or other causes.
5.
Those which are uninhabited and are open at door, window, wall or roof.
6.
Those under construction upon which no substantial work shall have been performed for ninety (90) days immediately next to the time that a notice shall issue under this Chapter for the completion or demolition thereof.
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 or deteriorated that they may fall upon public ways or upon the property of others or may injure members of the public or the occupants thereof or property.
9.
Those containing therein substantial accumulations of trash, garbage or other materials susceptible for fire, or continuing or providing a harboring place for vermin or other obnoxious animals or insects or in any way threatening the health of the occupants thereof or the health of persons in the vicinity thereof.
10.
Those in the process of demolition upon which no substantial work shall have been performed for a period of fourteen (14) days immediately next to the time a notice shall issue to complete the demolition thereof under this Chapter.
11.
Those condemned as unfit for human habitation and upon which no substantial work has been performed to remedy the conditions causing the condemnation thereof for a period of ninety (90) days immediately next to the time a notice shall issue under this Chapter for the demolition or repair of the building.
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.
[1]
Editor's Note: Former Sections 505.030, Dangerous Buildings Declared Nuisance, 505.040, Standards for Repair, Vacation or Demolition, 505.050, Building Inspector, 505.060, Duties of Building Inspector — Procedure and Notice, 505.070, Building Commissioner, and 505.080, Duties of the Building Commissioner, were repealed 11-18-2021 by Ord. No. 530. Prior history for Section 505.050 includes Ord. No. 280. Prior history for Section 505.080 includes Ord. No. 401.
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.
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 Benton County may appeal such decision to the Circuit Court of Benton 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.
[Ord. No. 530, 11-18-2021]
A.
The Chief of Police is designated an inspector of dangerous buildings, under the supervision of the Mayor and Board of Aldermen. He/she shall from time to time inspect dangerous buildings and shall:
1.
Inspect any building or structure about which complaints are filed by any person alleging that the building or structure contains any of the conditions described in Section 505.020;
2.
Inspect any building or structure reported by any department of the City which has reason to believe that the building or structure has any conditions described in Section 505.020;
3.
Inspect any building or structure of the City at any time whenever there is reason to believe that the building or structure has a condition described in 505.020;
4.
Determine in any case where inspection shows that a building or structure has any of the conditions referred to in Section 505.020, whether or not it reasonably appears there is immediate danger to the health, safety or welfare of any person because of such condition, and if it does so reasonably appear, to immediately post upon the building or structure a notice reading as follows:
"This building has been found to be a public nuisance by the Chief of Police of the City of Cole Camp. It also reasonably appears that this building or structure is an immediate danger to the health, safety or welfare of persons thereabout or therein. This notice is to remain on this building or structure until it is brought into compliance with the Dangerous Building Code of the City of Cole Camp, Missouri. It is unlawful to remove this notice until such compliance has occurred."
Nothing contained in this Subsection shall be construed to deprive any person entitled thereto by this Chapter of the notice and hearings prescribed herein.
5.
Report to the City Clerk any non-compliance with any notice given under this Chapter.
[Ord. No. 530, 11-18-2021]
Whenever the Chief of Police shall deem it advisable, he/she may also request inspections be made by any person who might have knowledge and information useful in the determination of whether a building or structure is a public nuisance or, if so, how it might be alleviated. In addition, the Chief of Police, if he/she deems it advisable, may request such an inspection be made by an architect or engineer especially employed by the City for the purpose of that inspection.
[Ord. No. 530, 11-18-2021]
Whenever the Chief of Police has determined that any building or structure is a public nuisance under the provision of this Chapter, he/she shall as soon as possible thereafter 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 for Benton County that such building or structure has been found to be a public nuisance under the provisions of this Chapter. The notice shall set forth a description of the conditions found in the building or structure so as to constitute the building or structure as a public nuisance under Section 505.020. The notice shall also provide for abatement of the nuisance by ordering the building or structure to be vacated if such be the case, reconditioned, or removed, giving a reasonable time for commencement of the work, and requiring the work to proceed continuously without unnecessary delay.
[Ord. No. 530, 11-18-2021]
Whenever under this Chapter a notice is required to be served upon the person interested in any building or structure, the notice shall be served upon 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 for Benton County and shall be signed by the Chief of Police, or on his/her behalf by the City Clerk. The notice shall be served, if the party or parties to be served reside in the City, by handing the notice to the person to be served by anyone competent to be a witness or by leaving the notice at the usual place of abode of the one (1) to be served with a member of the household over the age of fifteen (15) years. If the person to be served shall not reside in the City or shall have absented himself/herself from the City or concealed himself/herself so that personal service may not be made as herein provided for and if his/her address shall be known, then service shall be made by certified mail, return receipt requested, but if his/her address shall not be known, the service of notice shall be by publication. The publication shall contain the full text of the notice and shall be published at least once each week for four (4) consecutive weeks on the same day of the week in a newspaper of general circulation published in Benton County, and the time specified in the notice for a hearing to be held, or for the commencement of work or for any other thing to be done shall be at least forty-five (45) days from the date of the first publication of notice. The publication notice shall state: (1) that a notice of dangerous building has been prepared for a certain building; (2) the portions of Section 505.020 that the building violates which constitute a public nuisance; (3) the building's address and the legal description of the property is sits upon; (4) the name of the Chief of Police and the address and telephone number of his/her office; (5) the necessary actions to abate the nuisance created by the stated violations of Section 505.020 of this Chapter; (6) that a full and adequate hearing upon the matter before the Board of Aldermen will be requested unless the necessary actions to abate the nuisance are undertaken within forty-five (45) days from the date of the first publication of notice; and (7) the date of the first notice of publication.
[Ord. No. 530, 11-18-2021]
A.
Whenever a notice shall be given that any building or structure constitutes a public nuisance under the provision of this Chapter the party responsible for giving the notice shall base his/her order as to the necessary actions to abate the nuisance by observance of the following standards:
1.
If the condition or conditions which cause the building or structure to be a public nuisance can be reasonably repaired or maintained so that the building or structure will no longer exist in violation of the terms of this Chapter, the building or structure shall be ordered so repaired or maintained.
2.
If the conditions are such as to make the building or structure immediately dangerous to the health, safety or welfare of its occupants, the building or structure shall be ordered vacated pending abatement of the nuisance.
3.
In all cases where the conditions causing the building or structure to be a public nuisance cannot be reasonably repaired or maintained so that the building or structure will no longer exist in violation of the terms of this Chapter, the building or structure shall be demolished.
4.
In any case where the conditions constituting the public nuisance are such that the costs to repair or maintain the building or structure so that it will no longer constitute a public nuisance equal or exceeding fifty percent (50%) of the value of the building or structure, it shall be ordered repaired or demolished, and in the event it is not repaired or demolished by the owner, then the City shall abate the nuisance by demolition.
5.
Any building or structure constituting a public nuisance because of the conditions described in Subsection (A)(6) of Section 505.020 of this Chapter shall be ordered to be completed in accordance with lawful plans and specifications, and if it shall not be so completed or demolished by the owner, then the City shall abate the nuisance by demolition.
[Ord. No. 530, 11-18-2021]
A.
Whenever there shall be a failure to obey a notice to abate a public nuisance issued as provided in this Chapter by not commencing work in the time specified in said notice, or there shall be a failure to proceed continuously with the work required therein without unnecessary delay, the Chief of Police shall request a full and adequate hearing upon the matter before the Board of Aldermen by filing such request with the City Clerk, and the Clerk shall deliver copies of the request thereof to the Mayor. The Board of Aldermen shall cause written notice of the date, time and place of the hearing of the appeal to be given at least twenty-one (21) days prior to the date of the hearing by personal service or by mailing a copy thereof to the owner, occupant, lessee, mortgagee, agent and all other persons specified in Section 505.150 as having an interest in the building or structure. Any party may be represented by counsel, and all parties shall have an opportunity to be heard and present such evidence as shall be relevant to a determination of:
1.
Whether or not the building or structure is a public nuisance under the terms of this Chapter;
2.
Whether the procedures required by this Chapter have been substantially followed; and
3.
Whether or not the abatement order of the dangerous buildings inspector was reasonable and within the standards of this Chapter.
B.
All testimony shall be under oath, which may be administered by the City Clerk or by the court reporter making the written record of the hearing, and said written record of the hearing shall be made by said reporter to be employed by the City, the cost of which shall be paid by the City should the proceeding be eventually held against the City, and by the owner if it should not. In the latter case the cost of such reporting shall be a lien upon the lot, tract or parcel of land upon which the building or structure stands, and shall be added to the costs of the performance for demolition or repair in the event the City shall be required to do so, and payable as provided for such costs.
[Ord. No. 530, 11-18-2021]
A.
Within thirty (30) days from the date of the hearing required by Section 505.180, the Board of Aldermen shall upon the basis of competent and substantial evidence offered at the hearing make findings of fact as to whether or not the building or structure in question is a public nuisance under the terms of this Chapter and detrimental to the health, safety or welfare of residents of the City; specifically finding as a matter of fact the condition or conditions of such building or structure which constitute the nuisance. If it is found that the building or structure is a public nuisance, further findings shall be made as to whether or not the procedures required by this Chapter have been substantially met and complied with, and whether or not the abatement order of the Chief of Police to abate the nuisance was reasonable in its terms and conditions and within the standards of this Chapter. In the event it is found that the abatement order was not reasonable or within the standards of this Chapter, it shall be the duty of the Board of Aldermen to make its own findings of fact as to what is reasonably required to abate the public nuisance within the standards of this Chapter. If the Board of Aldermen finds that a public nuisance does not exist or that the procedures of this Chapter have not been substantially met and complied with, the proceeding against the building or structure shall be dismissed.
B.
The concurring vote of three (3) members of the Board of Aldermen shall be necessary:
1.
To find that a building is a public nuisance;
2.
To find whether or not the procedures required by this Chapter have been substantially met and complied with;
3.
To find whether or not the abatement order of the Chief of Police to abate the nuisance was reasonable in its terms and conditions and within the standards of this Chapter; and
4.
To make the Board's findings of fact as to what is reasonably required to abate the public nuisance within the standards of this Chapter if the Board decides the abatement order was not reasonable in its terms or conditions or within the standards of this Chapter.
C.
The Mayor or, in his/her absence, the President of the Board of Aldermen, may assign any member of the Board of Aldermen to write the Board's findings of fact once the Board has made the findings required by this Section, but all members of the Board voting in favor of said findings of fact must also sign said findings of fact.
[Ord. No. 530, 11-18-2021]
If a proceeding is not dismissed following the findings required by Section 505.190, the Board of Aldermen shall issue an order directing the building or structure to be completed, repaired, or demolished, and vacated as the case may be, within the standards of this Chapter. This order together with the findings of fact required by Section 505.190 shall be in writing and shall be immediately delivered or mailed to each party to the hearing or to his/her attorney of record. In addition, copies of the order and findings of fact shall be posted in a conspicuous place in the office of the City Clerk for a period of thirty (30) days from the date of issuance thereof. The order shall state a reasonable time which shall not be less than thirty (30) days from the date of issuance within which to comply with the order, such time to be determined by the concurring vote of three (3) members of the Board of Aldermen, and shall further provide that if it is not complied with within such time, the Chief of Police shall cause the work to be done by the City and its own crews or by contractors employed by the City for that purpose.
[Ord. No. 530, 11-18-2021]
A.
Whenever the City shall have caused the work to be done as provided by Section 505.200, the Chief of Police shall certify the cost of the work to the City Clerk who shall cause a special tax bill therefor and for the cost of the reporter at the hearing which shall be likewise certified by the Chief of Police, to be issued against the lot, tract or parcel of land upon which the building or structure is located. The special tax bill from the date of its issuance shall be deemed a personal debt against the property owner, and in addition shall be a lien on the lot, tract or parcel of land until paid, and shall be registered in the office of the City Clerk of the City of Cole Camp, in a book kept by him/her for such purposes, and shall be collected by the City Collector or other officials designated by the City to collect personal and real property taxes.
B.
At the written request of the taxpayer delivered to the City Clerk of the City, a tax bill for repair or demolition of a building or structure may be paid in ten (10) equal annual installments, which installments with interest thereon to date on the unpaid balance shall be due annually on the anniversary of the date of issuance of the bill. Interest shall be at the rate of eight percent (8%) per annum on the unpaid balance of the special assessment computed from the date of issuance. If any annual payment of principal or interest shall not be paid within thirty (30) days of its due date the entire remaining balance of the tax bill shall immediately become due and payable.
C.
If request for ten (10) annual payments is not made prior to the time the Chief of Police shall certify the cost of the work to the City Clerk, the tax bill shall be payable in sixty (60) days from its date of issuance with interest thereon at eight percent (8%) per annum until paid.
[Ord. No. 530, 11-18-2021]
Tax bills issued under Section 505.210 shall be prima facie evidence of the validity of the bill, the doing of the work and the liability of the property for the charges stated in the bill and shall be collected if default should occur by suit brought in a court of competent jurisdiction by the City Attorney or by an attorney contracted with for the purpose on behalf of the City. Judgment in any such suit shall be satisfied by any means authorized by statutes or rules of court of the State of Missouri.
[Ord. No. 530, 11-18-2021]
Any owner, occupant, lessee, mortgagee, agent or other person having an interest in the building or structure may appeal from the order and findings of the Board of Aldermen made under the provisions of Sections 505.190 and 505.200 of this Chapter. The appeal shall be to a Circuit Court as established in Article 536 of the Revised Statutes of Missouri.
[Ord. No. 530, 11-18-2021]
In all cases where it reasonably appears that an immediate danger to the health, safety or welfare of any person exists, the Chief of Police may take emergency measures to vacate, repair or demolish a building or structure which is a public nuisance under the provisions of this Chapter.
[Ord. No. 530, 11-18-2021]
No officer, agent or employee of the City of Cole Camp shall be personally liable for any damage that may occur to any persons or property as a result of any act required of him/her or permitted to be taken by him/her under the terms of this Chapter. It is hereby further declared that no officer, agent or employee of the City of Cole Camp owes any duty under the provisions of this Chapter to any citizen or other individual but that the duties prescribed herein and imposed upon officers, agents or employees of the City are duties to be performed for the government of said City.
[Ord. No. 530, 11-18-2021]
It shall be unlawful and a municipal ordinance violation for the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in a building or structure not to comply with the order of the Board of Aldermen issued pursuant to Section 505.200 or the order of the Chief of Police issued pursuant to Section 505.150 of this Chapter. Any person who violates this Section shall be subject to a fine not exceeding five hundred dollars ($500.00) and costs, imprisonment not exceeding ninety (90) days, or both a fine and imprisonment in the amounts set forth in this Section for each day that he/she violates this Section. Each day a person violates this Section shall constitute a separate offense.
[Ord. No. 530, 11-18-2021]
A.
It is unlawful and a municipal ordinance violation for the owner or agent of an owner of any building or structure, upon whom a notice of public nuisance as specified in Section 505.150 has been served, to sell, transfer, mortgage, lease or otherwise dispose of said building or structure to another until the provisions of the notice have been complied with or the Board of Aldermen has made finding of fact under Section 505.190 that the building or structure in question is not a public nuisance under the terms of this Chapter, that the procedures required by this Chapter have not been substantially met and complied with, or that the abatement order of the Chief of Police to abate the nuisance was not reasonable in its terms and conditions and within the standards of this Chapter, unless:
1.
Said owner shall first furnish to the grantee, transferee, mortgagee or lessee a true copy of the notice of public nuisance; and
2.
Shall furnish to the Chief of Police a signed and notarized statement from the grantee, transferee, mortgagee or lessee acknowledging the receipt of such notice of public nuisance, and that said person fully accepts the responsibility without condition for complying with the provisions of such notice of public nuisance within the time provided in said notice.
B.
Any person who violates this Section shall be subject to a fine not exceeding five hundred dollars ($500.00) and costs, imprisonment not exceeding ninety (90) days, or both a fine and imprisonment in the amounts set forth in this Section for each day that he/she violates this Section. Each day a person violates this Section shall constitute a separate offense.
[Ord. No. 530, 11-18-2021]
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, and if the covered claim payment is in excess of fifty percent (50%) of the face value of the policy covering a building or other structure, then the following procedure shall apply:
1.
The insurer shall withhold from the covered claim payment ten percent (10%) of the covered claim payment, and shall pay that amount 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 Section. If a special tax bill or assessment is issued by the City for the expenses of demolition of such building as a dangerous building, the moneys held by the City shall be applied toward payment of special tax bill or assessment. If there is any excess, it shall be paid by the City to the insured or as the terms of the policy, including any endorsements thereto, provide.
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 this Chapter, all moneys in excess of that necessary to comply with the provisions of this Chapter for the removal of the building or structure, less salvage value, shall be paid to the insured.
3.
The City may certify that, in lieu of payment of all or part of the covered claim payment under this Section, it has obtained satisfactory proof that the insured has or will remove debris and repair, rebuild or otherwise make the premises safe and secure. In this event, the City shall issue a certificate within thirty (30) days after receipt of proof to permit covered claim payment to the insured without deduction. It shall be the obligation of the insured or other person making claim to provide the insurance company with the written certificate provided for in this Subsection.
4.
No provision of this Section shall be construed to make the City a party to any insurance contract.