Cross Reference: As to adoption of the International Property Maintenance Code, see § 500.050 of this Title.
[R.O. 1993 § 505.010; Ord. No. 2081 § PM-111.1, 5-14-1985]
A. 
Pursuant to Section 67.400 et seq., RSMo., as amended, any building or structure having any of the conditions hereinafter set forth hereby is declared to be detrimental to the health, safety or welfare of the residents of the City and to constitute a public nuisance, to wit:
1. 
Those which have become dangerous, unsafe, or unsanitary, or otherwise unfit for human occupancy or use because of age, deterioration, disrepair, damage, or structural defects.
2. 
Those built in violation of any ordinances of the City or used in violation thereof.
3. 
Those which have been substantially damaged by fire, wind or other causes. "Substantially" shall mean 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.
4. 
Those which are uninhabited and are open at the door, window, wall or roof.
5. 
Those under construction upon which no substantial work shall have been performed for ninety (90) days immediately preceding the date upon which a notice of public nuisance is issued under Section 505.040.
6. 
Those in the process of demolition upon which no substantial work shall have been performed for a period of fourteen (14) days immediately preceding the date a notice is issued to complete the demolition thereof under Section 505.040.
7. 
Those containing therein substantial accumulations of trash, garbage or other materials susceptible to fire or constituting 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.
8. 
Those condemned as unfit for human habitation pursuant to other sections of the International Property Maintenance Code or pursuant to the general ordinances of the City, 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 preceding the date a notice is issued under Section 505.040 for the demolition or repair of the building.
9. 
Those having inadequate 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.
11. 
Those whose interior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passed through the center of gravity of any such wall or vertical structure member falls outside of the middle one-third (1/3) of its base.
12. 
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.
[R.O. 1993 § 505.020; Ord. No. 2081 § PM-111.2, 5-14-1985]
A. 
The Code Enforcement Official shall inspect or cause to be inspected the following:
1. 
Any building or structure about which a written complaint has been filed by any person alleging that the building or structure contains any of the conditions described in Section 505.010.
2. 
Any building or structure designated by any department of the City or any City Official who has reason to believe that the said building or structure has any of the conditions set forth in Section 505.010.
3. 
Any building or structure of the City whenever the Code Enforcement Official has reason to believe that the building or structure has a condition described in Section 505.010.
B. 
In the event the inspection reveals that a building or structure has any of the conditions set forth in Section 505.010, the Code Enforcement Official shall determine whether or not the condition reasonably appears to constitute an immediate danger to the health, safety, or welfare of any occupant or persons in the vicinity thereof and, if it does reasonably appear to constitute such an immediate danger, then the Code Enforcement Official shall immediately notify the City Manager. If the City Manager concurs in the finding of the Code Enforcement Official that there is an immediate danger, then the Code Enforcement Official shall post immediately upon the building or structure a notice which shall read as follows:
DANGER - NOTICE OF PUBLIC NUISANCE
The City of Charleston, Missouri has found this building or structure to be a public nuisance and an immediate danger to the health, safety or welfare of occupants and persons in the vicinity thereof. This notice shall remain affixed to this building or structure until the same is brought in compliance with the City's ordinances. It is unlawful to remove this notice until such compliance has occurred.
Dated this ________ day of ____________________, 20___.
  City Manager
  Code Enforcement Official
C. 
Nothing contained in this Section shall be construed to deprive any person of the notice and hearings which such person is entitled to receive as hereinafter provided.
[R.O. 1993 § 505.030; Ord. No. 2081 § PM-111.3, 5-14-1985]
Whenever the City Manager shall deem it advisable, he/she may employ an engineer, architect or other person having special or expert knowledge or information to conduct an inspection and assist in the determination of whether a building or structure is a public nuisance or how the condition might be alleviated.
[R.O. 1993 § 505.040; Ord. No. 2081 § PM-111.4, 5-14-1985]
A. 
When the Code Enforcement Official has determined that a building or structure is a public nuisance in accordance with Section 505.010, he/she promptly shall cause written notice that such building or structure has been found to be a public nuisance to be served upon all interested persons as hereinafter provided. The notice also shall provide for abatement of the nuisance by ordering the building or structure to be vacated, secured, reconditioned, or removed, as the case may be, giving a reasonable time for commencement of the work, and requiring the work to proceed continuously without unnecessary delay.
1. 
Persons Upon Whom Notice Shall Be Served. 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 of Mississippi County, Missouri.
2. 
Methods Of Service. The notice may be served by either:
a. 
Personal service by anyone competent to be a witness handing the notice to the person to be served or by leaving the notice at the usual abode of the person to be served with a member of the household over the age of fifteen (15) years; or
b. 
By certified mail, return receipt requested.
But if the whereabouts or address of the person to be served is unknown or if service cannot be had by either personal service or certified mail, then service 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 in a newspaper of general circulation published in the County; provided, however, that in the event of service by publication the time specified in the notice for a hearing to be held, for the commencement of work, or for any other thing to be done shall be at least forty-five (45) days after the date of the first publication of the notice.
[R.O. 1993 § 505.050; Ord. No. 2081 § PM-111.5, 5-14-1985]
A. 
The Code Enforcement Official shall consider the following abatement standards to determine the necessary actions he/she shall order to abate the public nuisance, to wit:
1. 
Vacate. The building or structure shall be ordered vacated pending abatement of the nuisance if the conditions constituting the public nuisance are such as to make the building or structure immediately dangerous to the health, safety or welfare of its occupants or users.
2. 
Complete. If the building or structure constitutes a public nuisance because of the conditions described in Subsection (A)(5) of Section 505.010, then the same shall be ordered completed within a specified time in accordance with lawful plans and specifications, and if it thereafter shall not be so completed or demolished by the owner, then the City shall abate the nuisance by demolition.
3. 
Repair. The building or structure shall be ordered repaired or maintained if the condition or conditions which cause the same to be a public nuisance reasonably can be repaired or maintained so that the building or structure will no longer constitute a public nuisance.
4. 
Demolish. The building or structure shall be ordered demolished by the owner, and if not demolished by the owner within the time specified, then the City shall demolish the same under the following conditions:
a. 
When the condition or 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 exceed fifty percent (50%) of the fair market value of the building or structure.
b. 
When the conditions causing the building or structure to be a public nuisance reasonably cannot be repaired or maintained so that the building or structure will no longer constitute a public nuisance.
c. 
When the building or structure is found to be a public nuisance because of conditions described in Subsection (A)(6) of Section 505.010.
d. 
When the owner has failed to complete the building or structure as provided in Subsection (A)(2) of this Section.
e. 
When the owner has failed to complete repairs within the time specified in the order to repair issued under Subsection (A)(3) of this Section.
[R.O. 1993 § 505.060; Ord. No. 2081 § PM-111.6, 5-14-1985; Ord. No. 2878, 6-14-2016]
A. 
In the event the person served with the notice of public nuisance and order to abate issued by the Code Enforcement Officer under Section 505.040 fails or refuses to obey said order by not commencing required work in the time specified in such notice or by not proceeding continuously with the required work without unnecessary delay, then the City Manager shall call a full and adequate administrative hearing upon the matter, which hearing may be conducted by the City Manager or his/her designee who shall be known as the "hearing officer."
1. 
Parties. 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 of Mississippi County, Missouri, shall be made parties. Any party may be represented by an attorney at law.
2. 
Notice Of Hearing. The City Manager shall cause written notice of the time, date and place of such hearing to be given to all parties and other interested persons at least ten (10) days prior to such hearing. Notice shall be served in the manner as provided in Subsection (A)(2) of Section 505.040.
3. 
Conduct Of Hearing.
a. 
The hearing officer shall hear, examine and consider all evidence relevant to a determination of:
(1) 
Whether or not the building or structure is a public nuisance under the terms of Section 505.010;
(2) 
Whether the procedures required by this Chapter substantially have been followed; and
(3) 
Whether or not the abatement order issued by the Code Enforcement Officer was reasonable and within the abatement standards set forth in Section 505.050.
b. 
All parties shall have an opportunity to be heard. All testimony shall be under oath which may be administered by the hearing officer.
4. 
Record Of Hearing. A written record of the hearing shall be made by a reporter to be employed by the City. In lieu of a written record of the hearing by a reporter, the hearing officer may order that all testimony be recorded on by an electronic device (e.g., tape recorder, computer, etc.) and the record thereof preserved and subsequently transcribed by a reporter if needed, which record shall then be admissible and used for all purposes the same as a transcript prepared by a reporter. The cost of the record of the hearing shall be paid by the City if the proceedings result in a decision against the City, but said costs shall be paid by the owner of the building or structure or such other interested person who is a party to the proceeding if the proceeding results in a decision against the owner or such other interested person. In the event the cost is to be paid by the owner or such other person who has an interest in the building or structure, then the cost 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 demolition or repair in the event the City shall be required to perform such demolition or repair, and shall be payable as provided for such cost of demolition and repair.
5. 
Findings By Hearing Officer. Within thirty (30) days from the date of the hearing, the hearing officer shall, upon the basis of competent and substantial evidence offered at the hearing, make specific findings of fact stating the condition or conditions of such building or structure which constitute the nuisance, if any, and making a conclusion of law as to whether or not the building or structure is a public nuisance under the terms of Section 505.010 and detrimental to the health, safety or welfare of the residents of the City. If it is found that the building or structure is a public nuisance, the hearing officer shall make further findings 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 Code Enforcement Officer was reasonable in its terms and conditions and within the abatement standards set forth in Section 505.040. In the event the hearing officer finds that the abatement order was not reasonable or within the abatement standards, it shall be the duty of the hearing officer to make his/her own finding of fact as to what action is reasonably required to abate the public nuisance within the abatement standards set forth in Section 505.040. If the hearing officer 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 shall be dismissed.
6. 
Issuance And Posting Of Abatement Order By Hearing Officer. If the proceeding is not dismissed following the findings required by Subsection (A)(5) hereof, then the hearing officer shall issue a written order directing the building or structure to be vacated, completed, repaired or demolished, as the case may be, in accordance with the abatement standards set forth in Section 505.040. The abatement order, together with the findings of fact and conclusions of law required in Subsection (A)(5) hereof shall be in writing and copies thereof shall be delivered or mailed immediately to each party to the hearing, or to his/her attorney of record. 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 further shall provide that if the order is not complied with within such time, the City Manager shall cause the required work to be done by the City and its own crews or by contractors employed by the City for that purpose.
7. 
Appeal From Findings And Order Of Hearing Officer. Any owner, occupant, lessee, mortgagee, agent or other person having an interest in the building or structure may appeal from the findings and orders of the hearing officer made under the provisions of this Section. The appeal shall be to the Circuit Court of Mississippi County, Missouri, as established in Chapter 536, RSMo.
[R.O. 1993 § 505.070; Ord. No. 2081 § PM-111.7, 5-14-1985; Ord. No. 2878, 6-14-2016]
A. 
Tax Bill — Lien On Real Estate — Personal Debt Of Owner. The costs and expenses incurred by the City in removing or abating any public nuisance on private property shall be assessed against the owner and occupant of the premises. The City Manager shall certify such costs to the City Clerk who shall cause the certified cost to be included in a special tax bill or added to annual real estate tax bill, at the option of the City Collector, unless the building or structure was demolished, secured or repaired by a contractor pursuant to an order issued by the City and such contractor files a mechanic's lien against the property where the building or structure is located, which the contractor may enforce as provided in Sections 429.010 to 429.360, RSMo. The special tax bill shall be recorded in the Office of the Recorder of Deeds of Mississippi County, Missouri, and from the date of its issuance shall be a first lien upon the property until paid. If the certified cost is unpaid, the tax bill shall be considered delinquent and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes as provided by law. The tax bill shall be issued by the City Clerk and delivered to the Collector on or before the first day of June of each year.
B. 
(Reserved)
C. 
Interest On Tax Bill; Payment Due. Except as provided in Subsection (E) hereof, the tax bill shall be due and payable sixty (60) days after its date of issuance and shall bear interest at the rate of eight percent (8%) per annum from date of issuance until paid.
D. 
Personal Debt Of Owner. The tax bill, including all accrued interest thereon, shall be deemed a personal debt owed by the owner of the property to the City.
E. 
Annual Payments Upon Request. Except as provided in Subsection (F) hereof, at the written request of the taxpayer, which request shall be made prior to the date the City Manager certifies the cost to the City Clerk, the tax bill may be paid in equal annual installments over a period of not more than ten (10) years, with the unpaid balance of the tax bill to bear interest at the rate of eight percent (8%) per annum from the date of issuance until paid. If any installment shall not be paid within thirty (30) days after the same becomes due, then the entire balance of the tax bill and all accrued interest thereon shall become due and payable immediately.
F. 
Insurance Proceeds From Casualty Loss. 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, an ordinance may establish a procedure for the payment of up to twenty-five percent (25%) of the insurance proceeds, as set forth in Subsection (F)(1) and (2) below. The ordinance 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 ordinance.
2. 
The City shall release the proceeds and any interest which has accrued on such proceeds received under Subsection (F)(1) above 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 Subsection (A) of this Section. If the City has proceeded under the provisions of Subsection (A) of this Section, all moneys in excess of that necessary to comply with the provisions of Subsection (A) of this Section for the removal of the building or structure, less salvage value, shall be paid to the insured.
G. 
Collection. If any tax bill is not paid when the same becomes due, or if default is made in payment of any installment as provided in Subsection (E) hereinabove, then the City Attorney hereby is authorized to bring suit on behalf of the City in a court of competent jurisdiction to collect such tax bill or to obtain and collect a judgment against the owner for said unpaid personal debt. Tax bills issued under this Chapter shall be prima facie evidence of the validity of the bill, of the work being done, and of the liability of the property for the charges stated in the bill. Any judgment entered in such suit in favor of the City may be satisfied by sale of the property or so much thereof as is necessary to satisfy the judgment and costs of sale.
[R.O. 1993 § 505.080; Ord. No. 2081 § PM-111.8, 5-14-1985; Ord. No. 2838 § 1, 11-11-2014; Ord. No. 2878, 6-14-2016]
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. 
Twenty-Five Percent (25%) Withheld To Secure Abatement Costs. 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 tax bill or 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 towards payment of said tax bill or 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 provide, including any endorsements thereto.
2. 
Proceeds Released. 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 monies unless the City has instituted legal proceedings under the provisions of Section 505.070. If the City has proceeded under the provisions of Section 505.070, all monies in excess of that necessary to comply with the provisions of Section 505.070 for the removal of the building or structure, less salvage value, shall be paid to the insured.
3. 
Certificate In Lieu Of Payment. 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. 
City Not Party To Insurance Contract. No provision of this Section shall be construed to make City a party to any insurance contract.
5. 
City Clerk To Deliver Notice To Director Of Insurance. The City Clerk hereby is authorized and directed to deliver notice, consisting of certified copy of this Section, to the Missouri Director of Insurance within fourteen (14) days after the adoption of this Chapter in compliance with Section 67.412, RSMo.
[R.O. 1993 § 505.090; Ord. No. 2081 § PM-111.9, 5-14-1985]
In all cases where it reasonably appears there is an immediate danger to the health, safety, or welfare of any person, the Code Enforcement Officer or City Manager may take emergency measures to vacate, repair or demolish a building or structure which is a public nuisance under the provisions of this Chapter.
[R.O. 1993 § 505.100; Ord. No. 2081 § PM-111.10, 5-14-1985]
Any person who knowingly and willfully removes or causes to be removed any notice of public nuisance posted on a building or structure as herein provided shall, upon conviction, be deemed guilty of an ordinance violation.
[R.O. 1993 § 505.110; Ord. No. 2081 § PM-111.11, 5-14-1985; Ord. No. 2878, 6-14-2016]
A. 
Any person who knowingly and willfully fails or refuses to comply with the requirements set forth in the Notice of Declaration of Nuisance within the time prescribed in said notice, or any person who knowingly and willfully fails or refuses to proceed continuously and without unnecessary delay with the required work as set forth in said Notice of Declaration of Nuisance, shall be deemed guilty, upon conviction, of an ordinance violation punishable upon conviction by an fine not to exceed one thousand dollars ($1,000.00) unless the owner of the property is not also a resident of the property, then such fine shall not exceed two thousand dollars ($2,000.00), or by imprisonment not to exceed thirty (30) days, or by both such fine and imprisonment.
B. 
Each day that the person fails or refuses to comply or to proceed continuously with the required work as set forth in such notice shall constitute a separate offense.
[R.O. 1993 § 505.120; Ord. No. 2081 § PM-111.12, 5-14-1985; Ord. No. 2878, 6-14-2016]
A. 
If the occupant of any building or structure knowingly and willfully fails or refuses to vacate such building or structure within the time specified in the notice issued under Section 505.040, he/she shall be guilty, upon conviction, of an ordinance violation punishable upon conviction by an fine not to exceed one thousand dollars ($1,000.00) unless the owner of the property is not also a resident of the property, then such fine shall not exceed two thousand dollars ($2,000.00), or by imprisonment not to exceed thirty (30) days, or by both such fine and imprisonment.
B. 
Each day that the occupant shall fail or refuse to vacate after the time specified by said notice shall constitute a separate offense.