[R.O. 2013 § 502.010; Ord. No.
KK560 § 1, 5-15-1995]
It is the purpose of this Chapter to provide a just, equitable
and practicable method far 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 Lawson, Missouri.
[R.O. 2013 § 502.020; Ord. No.
KK560 § 2, 5-15-1995]
A. All buildings that are detrimental to the health, safety or welfare
of the residents of the City and that have any or all of the following
defects shall be deemed dangerous buildings:
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 that have improperly distributed loads upon the floors
or roofs or in which the same are overloaded or that have insufficient
strength to be reasonably safe for the purpose used.
4.
Those that have been damaged by fire, wind or other causes so
as to become dangerous to life, safety or the general health and welfare
of the occupants or the people of the City.
5.
Those that are so dilapidated, decayed, unsafe, unsanitary or
that so utterly fail to provide the amenities essential to decent
living that they are unfit for human habitation, or are likely to
cause sickness or disease so as to work injury to the health, safety
or welfare of those occupying such building.
6.
Those having light, air and sanitation facilities that are inadequate
to protect the health, safety or general welfare of human beings who
live or may live therein.
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 that they
may fall and injure members of the public or property.
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.
[R.O. 2013 § 502.030; Ord. No.
KK560 § 3, 5-15-1995]
All dangerous buildings, as defined by Section
505.020, are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided herein.
[R.O. 2013 § 502.040; Ord. No.
KK560 § 4, 5-15-1995]
A. The following standards shall be followed in substance by the Building
Inspector and the Building Commissioner in ordering repair, vacation
or demolition of any dangerous building.
1.
If the dangerous building reasonably can be repaired so that
it no longer will exist in violation of the terms of this Chapter,
it shall be ordered repaired.
2.
If the dangerous building 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 be repaired so that it
no longer will exist in violation of the terms of this Chapter, it
shall be demolished.
4.
In all cases where a dangerous building is 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 of Missouri, it shall be repaired
or demolished.
[R.O. 2013 § 502.050; Ord. No.
KK560 § 5, 5-15-1995]
City employees so designated by the Mayor or City Administrator
shall be Building Inspectors within the meaning of this Chapter.
[R.O. 2013 § 502.060; Ord. No.
KK560 § 6, 5-15-1995]
A. The Building Inspector 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 that render such places
a dangerous building when he/she has reasonable grounds to believe
that any such building is dangerous.
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 Building
Inspector determines that there are reasonable grounds to believe
that such building is dangerous.
3.
Inspect any building, wall or structure reported by the Fire
or Police Departments 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 had 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 said building as shown by the land records of the Recorder of Deeds of Ray or Clay County of any building found by him/her to be a dangerous building within the standards set forth in Section
505.020.
The notice required shall state that:
a.
The owner must vacate, vacate and repair or vacate and demolish
said building and clean up the lot or property on which the building
is located in accordance with the terms of the notice and this Chapter.
b.
The occupant or lessee must vacate said building or have it
repaired in accordance with the notice and remain in possession.
c.
The mortgagee, agent or other persons having an interest in
said building as shown by the land records of the Recorder of Deeds
of the County wherein the land is located may, at his/her own risk,
repair, vacate or demolish the building and clean up the property
or have such work done, provided that any person notified under this
Subsection to repair, vacate or demolish any building, or clean up
the property shall be given such reasonable time not exceeding thirty
(30) days to commence the required work.
d.
The notice provided for in this Section shall state a description
of the building or structure deemed dangerous, a statement of the
particulars that make the building or structure a dangerous building,
and an order requiring the designated work to be commenced within
the time provided for in the above Subsection.
5.
Report in writing to the City Building Commissioner the non-compliance
with any notice to vacate, repair, demolish, clean up the property
or upon the failure to proceed continuously with the work without
unnecessary delay.
6.
Appear at all hearings conducted by the Building Commissioner
and testify as to the condition of dangerous buildings.
7.
Immediately report to the Building Commissioner concerning any
building found by him/her to be inherently dangerous and that he/she
determined 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 Building Inspector. This notice is to remain on this building
and/or property until it is repaired, vacated or demolished and the
property is cleaned up in accordance with the notice that has been
given the owner, occupant, lessee, mortgagee or agent of this building
and all other persons having an interest in said building as shown
by the land records of the Recorder of Deeds of Ray or Clay County.
It is unlawful to remove this notice until such notice is complied
with."
Provided, however, that the order by the Building Commissioner
and the posting of said notice shall not be construed to deprive all
persons entitled thereto by this Chapter to the notice and hearing
prescribed herein.
[R.O. 2013 § 502.070; Ord. No.
KK560 § 7, 5-15-1995]
The City Administrator or other designated officer or officers
shall act as Building Commissioner under this Chapter.
[R.O. 2013 § 502.080; Ord. No.
KK560 § 8, 5-15-1995]
A. The Building Commissioner shall have the power pursuant to this Chapter
to:
1.
Supervise all inspections required by this Chapter, and cause
the Building Inspector to make inspections and perform all the duties
required of him/her by this Chapter. Upon receiving a complaint or
report from any source that a dangerous building exists in the City,
the Building Commissioner shall cause an inspection to be made forthwith.
If the Building Commissioner deems it necessary to the performance
of his/her duties and responsibilities imposed herein, the Building
Commissioner may request an inspection and report be made by any other
City department or retain services of an expert whenever the Building
Commissioner deems such service necessary.
2.
Upon receipt of a report from the Building Inspector indicating
failure by the owner, lessee, occupant, mortgagee, agent or other
person(s) having interest in said building to commence work of reconditioning
or demolition within the time specified by this Chapter or upon failure
to proceed continuously with work without unnecessary delay, the Building
Commissioner shall hold a hearing giving the affected parties full
and adequate hearing on the matter. Written notice, either by personal
service or by certified mail, return receipt requested or by publication
for two (2) successive weeks in a newspaper qualified to publish legal
notices, at least ten (10) days in advance of a hearing date, to the
owner, occupant, mortgagee, lessee, agent and all other persons having
an interest in said building as shown by the land records of the Recorder
of Deeds of the County wherein the land is located to appear before
the Building Commissioner on the date specified in the notice to show
cause why the building or structure reported to be a dangerous building
should not be repaired, vacated or demolished in accordance with the
statement of particulars set forth in the Building Inspector's
notice as provided herein. Any party may be represented by counsel
and all parties shall have an opportunity to be heard.
3.
Make written findings of fact from the evidence offered at said hearing as to whether or not the building in question is a dangerous building within the terms of Section
505.020.
4.
If the evidence supports a finding based upon competent and
substantial evidence that the building or structure is a dangerous
building, the Building Commissioner shall issue an order based upon
its findings of fact commanding the owner, occupant, mortgagee, lessee,
agent or other person(s) having an interest in said building as shown
by the land records of the County wherein the land is located to repair,
vacate or demolish any building found to be a dangerous building and
to clean up the property, provided that any person so notified shall
have the privilege of either repairing or vacating and repairing said
building if such repair will comply with the ordinances of this City
or the owner or any person having an interest in said building as
shown by the land records of the County wherein the land is located
may vacate and demolish said dangerous building at his/her own risk
to prevent the acquiring by the City of the lien against the land
where the dangerous building stands. If the evidence does not support
a finding that a building or structure is a dangerous building, no
order shall be issued.
5.
If the owner, occupant, mortgagee or lessee fails to comply with the order within thirty (30) days, the Building Commissioner shall cause such building or structure to be repaired, vacated or demolished and the property cleaned up as the facts may warrant; and the Building Commissioner shall certify the cost of the work borne by the City for such repair, vacation or demolition or clean up to the City Clerk as a special assessment represented by a special tax bill against the real property affected; said tax bill shall be a lien upon said property and shall be deemed a personal debt against the property owner(s) unless the building or structure is 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 dangerous building is located. The contractor may enforce this lien as provided in Sections 429.010 to 429.360, RSMo. Except as provided in Subsection
(A)(6) of this Section, at the request of the taxpayer, this special tax bill may be paid in installments over a period of not more than ten (10) years; said assessment shall bear interest at the rate of eighteen percent (18%) per annum until paid.
6.
As to damage or loss to a building or other structure caused by or arising out of any fire, explosion or other casualty loss, if an order is issued by the Building Commissioner as provided in Subsection
(A)(5) of this Section and a special tax bill or assessment is issued against the property, 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 Subsection
(A)(6)(a) and
(b) of 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:
a.
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 the Chapter.
b.
The City shall release the proceeds and any interest that has accrued on such proceeds received under Subsection
(A)(6)(a) of this Subsection to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after the receipt of such insurance monies, unless the City has instituted legal proceedings under the provisions of Subsection
(A)(5) of this Section. If the City has proceeded under the provisions of Subsection
(A)(5) of this Section, all monies in excess of that necessity to comply with the provisions of Subsection
(A)(5) of this Section 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.
7.
If there are no proceeds of any insurance policy as set forth in Subsection
(A)(6) 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 date of its issuance shall be a lien on the property and a personal debt against the property owner(s) until paid.
8.
Subsection
(A)(6) of this Section shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.
9.
Subsection
(A)(6) of 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.
10.
The Building Commissioner may certify in lieu of payment of all or part of the covered claim under Subsection
(A)(6) 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)(6) 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 from this Subsection.
[R.O. 2013 § 502.090; Ord. No.
KK560 § 9, 5-15-1995]
Any owner, occupant, lessee, mortgage, 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 the County wherein the land is located
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.
[R.O. 2013 § 502.100; Ord. No.
KK560 § 10, 5-15-1995]
In cases where it reasonably appears that there is immediate danger to the health, life or safety 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 and clean up of the property. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in Section
505.080(A)(5).
[R.O. 2013 § 502.110; Ord. No.
KK560 § 11, 5-15-1995]
A. 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 shall be guilty of an ordinance violation and upon conviction shall be punishable as set forth in Section
505.120.
B. Any person removing any notices provided for in this Chapter shall be guilty of an ordinance violation and upon conviction shall be punished in accordance with Section
505.120.
[R.O. 2013 § 502.120; Ord. No.
KK560 § 12, 5-15-1995]
Any person violating the provisions of this Chapter is 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.