City of Marceline, MO Dangerous Buildings

[R.O. 2003 § 225.120; Ord. No. 16.608 § 1, 10-2-1990; Ord. No. 16.610 § 1, 9-21-1999; Ord. No. 17-11.54, 11-13-2017]

Definitions. The following conditions have been determined to be detrimental to the health, safety, and welfare of the residents of the City of Marceline, and therefore constitute a nuisance:

Those whose exterior or 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 of any such wall or vertical structural members falls outside of the middle third of its base.

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.

Those which have improperly distributed loads upon the floors, roofs, or other horizontal structural members, or in which the same are overloaded, or which have insufficient strength or deflections to be reasonably safe for the purpose used or intended to be used.

Those which have been damaged by fire, wind, flood, vandals or any other causes so as to have become dangerous to life, safety, or the general health and welfare of the occupants or the people of the City.

Those which are uninhabited and are open at door, window, wall or roof.

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 Subsection (E) of this Section.

Buildings in the process of demolition upon which no substantial work shall have been performed for a period of fourteen (14) days immediately following the time a notice shall issue to complete the demolition thereof under Subsection (E) of this Section.

Those containing therein substantial accumulations of trash, garbage or other materials susceptible to fire, or constituting or proving 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.

Those having inadequate or unsafe facilities for egress in case of fire or panic.

10.

Those which have parts thereof which 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 that are not of sufficient strength or stability or are not anchored, attached or fastened in place so as to be capable of safety resisting wind pressure, snow or other loads.

11.

Those buildings built or maintained in violation of any safety provision of Title V of the Marceline Code of Ordinances (building code, electrical code, plumbing code, mechanical code, fire prevention code, and minimum housing standards) or used in violation thereof.

12.

Those buildings in which the electrical, plumbing, mechanical or other systems are totally or partially damaged, destroyed, removed or otherwise made inoperable, unsafe or unsanitary.

13.

Those buildings that, because of obsolescence, dilapidated condition, deterioration or damage, inadequate maintenance, faulty construction or arrangement, or any other causes, constitute:

A blighting influence upon the neighborhood or an eyesore so as to deprive owners or occupants of neighboring property of the beneficial use and enjoyment of their premises or which presents an appearance which is offensive to persons of ordinary sensibilities;

A fire hazard under the fire prevention code of the City; or

A public nuisance known to the common law or in equity jurisprudence.

Standards For Repair, Vacation Or Demolition. The following shall be followed in substance by the Building Inspector and the City Manager or his/her representative in ordering repair, vacation or demolition:

If the dangerous building can reasonably be repaired or maintained so that it will no longer exist in violation of the terms of this Section, it shall be ordered so repaired or maintained.

If the dangerous building is in such condition as to make it dangerous to the health, safety, or welfare of its occupants, it shall be ordered to be vacated, pending abatement of the nuisance.

In any case where the dangerous building cannot be reasonably repaired or maintained so the building or structure will no longer exist in violation of the terms of this Section, the building or structure shall be ordered demolished.

In any case where the conditions constituting the public nuisance are such that the cost to repair or maintain the building or structure so that it will no longer constitute a public nuisance equal or exceed 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.

Any building or structure constituting a public nuisance because of the conditions described in Subsection (A)(1) of this Section 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.

Any building or structure found to be a public nuisance because of the conditions described in Subsection (A)(7) of this Section shall be ordered demolished.

Responsibilities.

Building Official. The City Manager or his/her designee as provided in Section 505.130 of the Marceline Code of Ordinances.

Building Inspector. The Building Inspector shall be an employee of the City of Marceline and be appointed by the Building Official in writing for the purpose of enforcing the provisions of this Section.

Duties Of Building Inspector. The Building Inspector shall:

Inspect any buildings or structure about which complaints are filed by any person alleging that the building or structure contains any of the conditions described in Subsection (A) of this Section.

Inspect any buildings or structure reported by the Fire or Police Departments of this City when that Department has reason to believe that the building or structure has any of the conditions set forth in Subsection (A) of this Section.

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 Subsection (A) of this Section.

Determine in any case where inspection shows that a building or structure has any of the conditions referred to in this Section, 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 notify the City Manager or his/her representative thereof. Should the City Manager or his/her representative concur in the finding of the Building Inspector that there is immediate danger as aforesaid, the Building Inspector shall immediately post upon the building or structure a notice reading as follows:

"This building has been found to be a public nuisance by the City Manager of the City of Marceline. It also reasonably appears that this building or structure is an immediate danger to the health, safety, or welfare of persons thereabouts or therein. This notice is to remain on this building or structure until it is brought into compliance with the ordinance of the City of Marceline. It is unlawful to remove this notice until such compliance has occurred."

Nothing contained in this Section shall be construed to deprive any person entitled thereto by this Section of the notice and hearings prescribed herein.

Report to the City Manager or his/her representative, any non-compliance with the notice provided for in this Section.

Serving Notices Or Orders. Whenever the Building Inspector has determined that any building or structure is a public nuisance under the provisions of this Section, 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 the appropriate County that such building or structure has been found to be a public nuisance under the provisions of this Section. 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 Subsection (A) of this Section. The notice shall also provide for abatement of the nuisance by ordering the building or structure to be vacated, of such time for commencement of the work, and requiring the work to proceed continuously without unnecessary delay.

Notice By Posting And Publication. Whenever under this Section a notice is required to be served upon the persons 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 the appropriate County, and shall be signed by the person who has the responsibility to issue the notice. 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 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 posting a copy of such notice in a conspicuous place on the building or structure to which it relates and by certified mail, return receipt requested; but if his/her address shall not be known, the service of notice shall be by posting and by publication. The publication shall contain the full text of the notice and shall be published at least once a week for three (3) consecutive weeks on the same day of the week in some newspaper of general circulation published in the appropriate 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 thirty (30) days from the date of the first publication of notice.

Disregarding Notices Or Orders — Hearings.

Whenever there shall be a failure to obey a notice to abate a public nuisance issued as provided in Subsection (E) of this Section 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 City Manager or his/her representative shall call and have a full and adequate hearing upon the matter giving all affected parties at least twenty-one (21) days' written notice of the hearing. 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:

Whether or not the building or structure involved is a public nuisance under the terms of this Section;

Whether the procedure required by this Section shall have been substantially followed; and

Whether or not the abatement order of the Building Inspector was reasonable and within the standards of this Section.

All testimony shall be under oath, which may be administered by the City Manager or his/her representative, and a written record of the hearing shall be made by a 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 cost of performance for demolition or repair in the event the City shall be required to do so, and payable as provided for such costs.

Findings Of Hearing. Within thirty (30) days from the date of the hearing required by Subsection (G) of this Section, the City Manager or his/her representative shall, upon the basis of competent and substantial evidence offered at the hearing, make a conclusion of law as to whether or not the building or structure in question is a public nuisance under the terms of this Section and detrimental to the health, safety, and welfare of the 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 Section have been substantially met and complied with, and whether or not the abatement order of the Building Inspector to abate the nuisance was reasonable in its terms and conditions and within the standards of this Section. In the event it is found that the abatement order was not reasonable or within the standards of this Section, it shall be the duty of the City Manager or his/her representative to make his/her own findings of fact as to what is reasonably required to abate the public nuisance within the standards of this Section. If the City Manager or his/her representative finds that a public nuisance does not exist or that the procedures of this Section have not been substantially met and complied with, the proceedings against the building or structure shall be dismissed.

Order To Repair, Vacate, Or Demolish.

If a proceeding is not dismissed following the findings required by Subsection (H) of this Section, the City Manager or his/her representative 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 Section. This order, together with the findings of fact and conclusions of law required by Subsection (H) of this Section, shall be in writing and shall be immediately delivered or mailed to each party to the hearing or to his/her attorney of record by certified mail, return receipt requested. In addition, copies of the order and findings of fact and conclusions of law shall be posted in a conspicuous place in the office of the City Manager or his/her representative 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, and shall further provide that if it is not complied with within such time, the City Manager or his/her representative shall cause the work to be done by the City and its own crew or by contractors employed by the City for that purpose.

If there shall be no contractor employed by the City for that purpose, the City Manager or his/her representative is hereby authorized to enter into contracts not to exceed ten thousand dollars ($10,000.00) with persons engaged in the business of repairing or demolishing buildings for the purpose of enforcing the order provided for in this Section if there are sufficient funds provided for that purpose in the budget or a supplemental appropriation. Additional contract or contracts for amounts of ten thousand dollars ($10,000.00) or more must be approved by Council. The contracts can be signed only in compliance with the City's prescribed bidding procedures.

[Ord. No. 18-06.28, 6-19-2018]

Certificate Of Dangerous Building.

After a building has been determined to be a dangerous building by the City Manager, a certificate of existence of dangerous building will be filed and recorded in the office of the Recorder of Deeds or Director of Records of the County wherein the land is located. Such certificate shall set forth the address and description of the premises upon which such dangerous building is located, and a certification that such building thereon is dangerous within the provisions of this Section, and that the owner thereof has been given proper notice and ordered to repair or demolish such building. Such certification shall be made and signed by the City Manager.

The recording of a certificate of existence of dangerous building shall place persons purchasing such property subsequent to such recording on notice that such property has been declared a dangerous building and ordered repaired or demolished. The act of subsequent purchase shall not delay the processing or cause a delay in such matters and shall not be an exception to the time requirements of the notices provided herein.

Upon application and after verification that the order of the City Manager to vacate, repair or demolish a dangerous building has been complied with, the City Manager shall issue to the owner a release of certificate of existence of dangerous building which is in such form that it may be filed with and recorded by the office of the Recorder of Deeds or Director of Records of the County in which the land is located stating that the dangerous condition has been abated.

Payment Of Costs.

Whenever the City shall have caused the work to be done as provided by Subsection (I) of this Section, the City Manager or his/her representative shall certify the costs of the work to the Finance Director who shall cause a special tax bill therefor and for the costs associated with the processing of the order to include publication, court reporter, certified mail, and the Inspector's time which shall be likewise certified by the City Manager or his/her representative, 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 Marceline. The tax bill shall be collected by the City Collector or other official collecting taxes.

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 paid at the maximum rate per annum allowable by law 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.

If request for ten (10) annual payments is not made prior to the time the City Manager or his/her representative shall certify the cost of the work to the Finance Director, the tax bill shall be payable in sixty (60) days from its date of issuance with interest thereon at the maximum rate per annum allowable by law.

Failure To Comply.

Any owner of a dangerous building who shall fail to comply with an order of the City Manager to vacate, repair or demolish said building or who fails to proceed continuously to vacate, repair or demolish the building without unnecessary delay shall be guilty of an ordinance violation and upon conviction thereof shall be punishable to set forth in Section 100.230 of this Code.

The party in actual or constructive possession, or one who has a legal duty to act for a party, who fails to comply with an order of the City Manager to vacate, repair or demolish a dangerous building shall be guilty of an ordinance violation and upon conviction shall be punished as set forth in Section 100.230 of this Code.

Any person failing to immediately vacate a building upon the verbal or written order of the City Manager in case of emergency pursuant to Subsection (D)(4) or Subsection (O) of this Section shall be guilty of an ordinance violation and upon conviction shall be punished as set forth in Section 100.230 of this Code.

Any person who hinders, threatens or interferes with any inspector, contractor or any person working for a contractor having a permit to demolish a dangerous building shall be guilty of an ordinance violation and upon conviction shall be punished as set forth in Section 100.230 of this Code.

Insurance Proceeds From Damage Or Loss.

Tax bills issued under Subsection (K) of this Section, shall be prima facie evidence of the validity of the bill, the doing of the work and the liability of the property for the damages stated in the bill and shall be collected if default should occur by suit brought in a court of competent jurisdiction by the City's legal council on behalf of the City. Judgment in any such suit shall be special and against the property owner and shall be satisfied by sale of the property or so much thereof as is necessary to satisfy the judgment and the costs of the sale.

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:

The insurer shall withhold from the covered claim payment twenty-five percent (25%) 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 monies 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 endorsement thereto, provide.

The City shall release the proceeds and any interest which was accrued on such proceeds received under Subsection (M)(2)(a) 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 Subsections (I) and (J) of this Section. If the City has proceeded under the provisions of Subsections (I) and (J) of this Section, all monies in excess of that necessary to comply with the provisions of said Subsections of this Section for the removal of the building or structure, less salvage value, shall be paid to the insured.

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 insurance 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 the claim to provide the insurance company with the written certification provided for in this Subsection.

No provision of this Section shall be construed to make the City a party of any insurance contract.

Appeal. Any owner, occupant, lessee, mortgage agent or other person having an interest in the building or structure may appeal from the order and determination of the City Manager or his/her representative made under the provisions of Subsection (H) of this Section. The appeal shall be to the Circuit Court of Linn or Chariton County as established in Chapter 536, RSMo.

Emergencies. In all cases where it reasonably appears that an immediate danger to the health, safety or welfare of any person exists, the City Manager or his/her representative may take emergency measures to vacate, repair, or demolish a building or structure which is a public nuisance under the provisions of this Section.

Liability. No officer, agent, or employee of the City of Marceline 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 Section. Any suit brought against any such officer, agent, or employee of the City as a result of any such acts required or permitted shall be defended by the City until the final determination of the proceedings, and if judgment shall be obtained, it shall be paid by the City of Marceline. It is hereby further declared that no officer, agent or employee of the City of Marceline owes any duty under the provisions of this Section 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.