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 St. James, Missouri.
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 1985 § 5-38; 1977 Code]
All City Police Officers and all
other City employees so designated by the Mayor shall be the Building
Inspector(s) within the meaning of this Chapter.
[CC 1985 § 5-40; 1977 Code]
The Mayor 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 Phelps County may appeal such decision to the Circuit Court of Phelps 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 in accordance with Section
100.220 of this Code. Each day that a person fails to comply with an order of the Building Commissioner may be deemed a separate offense.
[CC 1985 § 5-44; 1977 Code]
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
the Recorder of Deeds of the 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.
[CC 1985 § 5-45; 1977 Code]
In the event any building or structure
is wrongfully demolished by this City, or is demolished without adhering
to the procedures provided in this Chapter, the City shall be liable
for damages as determined by a court of law in a suit brought by the
party so damaged.