[CC 1985 § 7-170; Ord. No. 6507 § 1, 12-3-1990; Ord. No. 6957 § 1, 6-3-1996]
A. The following conditions have been determined to be detrimental
to the health, safety, and welfare of the residents of the City of
Marshall and therefore constitute a nuisance:
1.
Those whose 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.
2.
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.
3.
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.
4.
Those which have been damaged by fire, wind or
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.
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 Section
505.040 for the completion or demolition thereof.
7.
Those 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 Section
505.040.
8.
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.
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 buildings built in violation of any safety
provision of the Building Code, Electrical Code, Plumbing Code, Mechanical
Code, Minimum Housing Standards Code, or the Fire Prevention Code
of the City, or used in violation thereof.
[CC 1985 § 7-171; Ord. No. 6507 § 2, 12-3-1990; Ord. No. 6957 § 2, 6-3-1996]
A. The following standards shall be followed [in] substance
by the Building Inspector and the City Administrator in ordering repair,
vacation or demolition:
1.
If the dangerous building can reasonably be repaired
or maintained so that it will no longer exist in violation of the
terms of this Chapter, it shall be ordered so repaired or maintained.
2.
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.
3.
In any case where the dangerous building 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 ordered repaired or 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 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.
5.
Any building or structure constituting a public nuisance because of the conditions described in Section
505.010(A)(6) 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.
6.
Any building or structure found to be a public nuisance because of the conditions described in Section
505.010(A)(7) of this Chapter shall be ordered demolished.
[CC 1985 § 7-172; Ord. No. 6507 § 3, 12-2-1990; Ord. No. 6957 § 1, 6-3-1996]
A. The Building Inspector shall:
1.
Inspect or cause to be inspected annually all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial, manufacturing, or loft buildings for the purpose of determining whether any conditions exist as set forth in Section
505.010 of this Chapter.
2.
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
505.010 of this Chapter.
3.
Inspect any building 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 Section
505.010 of this Chapter.
4.
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 Section
505.010 of this Chapter.
5.
Determine in any case where inspection shows that a building or structure has any of the conditions referred to in Subsection
(A)(1) of 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 post upon the building or structure a notice reading as follows:
"This building has been found to be a public nuisance by the
Building Inspector of the City of Marshall. 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 ordinances of the City of Marshall, Missouri. It is unlawful
to remove this notice until such compliance has occurred."
B. Nothing
contained in this Section shall be construed to deprive any person
entitled thereto by this Chapter of the notice and hearings prescribed
herein.
[CC 1985 § 7-173; Ord. No. 6507 § 4, 12-3-1990; Ord. No. 6957 § 2, 6-3-1996]
Whenever the Building Inspector has determined that any building or structure is a public nuisance under the provisions 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 the appropriate 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
505.010. 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.
[CC 1985 § 7-174; Ord. No. 6507 § 5, 12-3-1990; Ord. No. 6957 § 1, 6-3-1996]
Whenever under this Chapter 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 (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 from the City
or concealed himself 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 shall contain 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 which shall be at least thirty
(30) days from the date of the first publication of notice.
[CC 1985 § 7-175; Ord. No. 6507 § 6, 12-2-1990; Ord. No. 6957 § 1, 6-3-1996; Ord. No 8014 § 1, 9-19-2011]
A. It shall be the responsibility of the City Administrator to supervise and direct the Building Inspector in carrying out the provisions of this Chapter. Whenever there shall be a failure to obey a notice to abate a public nuisance issued as provided in Section
505.040 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 Administrator 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. The hearing shall be held by a board of three (3) persons, two (2) of which shall be appointed by the Mayor with the approval of the City Council. The City Administrator shall be the third member of the Board and shall preside at the hearings held by the Board. A fourth person shall be appointed in like manner to serve as an alternate for any member of the Board unable to be present at a hearing. The Board shall be known as the Board of Building Code Enforcement (hereinafter the "Board"). No member shall participate in the final decision in any case unless the member has either attended each hearing held with respect to the subject property, or read the transcript of and examined physical evidence admitted in any session where the member was not present. 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 involved
is a public nuisance under the terms of this Chapter;
2.
Whether the procedure required by this Chapter
shall have been substantially followed; and
3.
Whether or not the abatement order of the building
regulations supervisor was reasonable and within the standards of
this Chapter.
B. All testimony shall be under oath, which may be administered
by the City Clerk, and a written record of the hearing shall be made,
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.
[CC 1985 § 7-176; Ord. No. 6507 § 7, 12-3-1990; Ord. No. 6957 § 1, 6-3-1996]
Within thirty (30) days from the date of the hearing required by Section
505.060, the Board 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 Chapter 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 Chapter 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 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 to make findings of fact as to what is reasonably required to abate the public nuisance within the standards of this Chapter. If the Board finds that a public nuisance does not exist or that the procedures of this Chapter have not been substantially met and complied with, the proceedings against the building or structure shall be dismissed.
[CC 1985 § 7-177; Ord. No. 6507 § 8, 12-3-1990; Ord. No. 6957 § 1, 6-3-1996]
A. If a proceeding is not dismissed following the findings required by Section
505.070, the Board 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 and conclusions of law required by Section
505.070, 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 and conclusions of law 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, and shall further provide that if it is not complied with within such time, the City Administrator shall cause the work to be done by the City and its own crews or by contractors employed by the City for that purpose.
B. If there shall be no contractor employed by the City for
that purpose, the City Administrator is hereby authorized to enter
into contracts not to exceed five thousand dollars ($5,000.00) 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 contracts, or contracts
for amounts in excess of five thousand dollars ($5,000.00), must be
approved by Council. The contracts can be signed only after compliance
with the City's prescribed bidding procedures.
[CC 1985 § 7-178; Ord. No. 6507 § 9, 12-3-1990; Ord. No. 6957 § 1, 6-3-1996]
A. Whenever the City shall have caused the work to be done as provided by Section
505.080, the Building Inspector shall certify the costs of the work to the City Clerk who shall cause a special tax bill therefor, and for costs of certified mailings, service of process and publication incurred therefor, and for the cost of the reporter at the hearing which shall be likewise certified by the Building Inspector, 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 in a book to be kept by him/her for such purposes. Said lien shall be superior to the interest, lien or claim of any person or entity served with notice pursuant to Section
505.050 hereof. The tax bill shall be collected by the County Collector or other official collecting 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 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.
C. If a request for ten (10) annual payments is not made prior
to the time the Building Inspector 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 the maximum rate
per annum allowable by law.
[CC 1985 § 7-179; Ord. No. 6507 § 10, 12-13-1990; Ord. No. 6957 § 1, 6-3-1996]
A. Tax bills issued under Section
505.090 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 Counselor on behalf of the City. Judgment in any such suit shall be special and against the property only 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. Nothing herein shall limit the authority of the City Collector to collect the tax by sale or other means authorized by law.
B. 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 twenty-five (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 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
(B)(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 Sections
505.080 and
505.090. If the City has proceeded under the provisions of Sections
505.080 and
505.090, all moneys in excess of that necessary to comply with the provisions of Sections
505.080 and
505.090 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 the 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.
[CC 1985 § 7-180; Ord. No. 6507 § 11, 12-3-1990; Ord. No. 6957 § 1, 6-3-1996]
Any owner, occupant, lessee, mortgagee, agent or other person having an interest in the building or structure may appeal from the order and determination of the Building Inspector made under the provisions of Section
505.080 of this Chapter. The appeal shall be to the Circuit Court of Saline County as established in Article 536 of the Revised Statutes of Missouri.
[CC 1985 § 7-181; Ord. No. 6507 § 12, 12-3-1990; Ord. No. 6957 § 1, 6-3-1996]
In all cases where it reasonably appears that an immediate danger
to the health, safety or welfare of any person exists, the Building
Inspector may take emergency measures to vacate, repair or demolish
a building or structure which is a public nuisance under the provisions
of this Chapter.
[CC 1985 § 7-182; Ord. No. 6507 § 13, 12-3-1990; Ord. No. 6957 § 1, 6-3-1996]
No officer, agent or employee of the City of Marshall 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. 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 Marshall. It is
hereby further declared that no officer, agent or employee of the
City 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.