[Ord. No. 271 §§ 1
— 2, 2-6-2017]
General Provisions. For the purposes of this Chapter certain
terms used herein are defined as set forth in this and the following
Sections. All words in the present tense include the future tense;
the plural number includes the singular, and all words in the singular
include the plural unless the natural construction of the sentence
indicates otherwise. The word "shall" is mandatory, not directory.
The removal, stoppage, prostration, or destruction of that
which causes or constitutes a nuisance, whether by breaking or pulling
it down or otherwise destroying, or effacing it.
Any dwelling, structure or mobile home, factory built house,
or part thereof, built for the support, shelter or enclosure of persons,
animals, chattels or property of any kind.
The City Building Inspector or a person designated by the
City as responsible for inspecting buildings within the City.
Any person having any interest in the real estate in question
as shown upon the records of the office of the County Assessor, or
any person with legal, financial or equitable interest in the property
who establishes his/her interest before the Building Inspector and/or
City Council. For the purpose of giving notice, the term "owner" also
includes any person in physical possession.
Any real property, premises, structure or location on which
a public nuisance is alleged to exist.
Abatement of the nuisance by the City, or a contractor employed
by the City, by removal, repair, or other acts without notice to the
owner, agent or occupant of the property except for the notice required
by this Chapter.
[Ord. No. 271 §§ 1
— 2, 2-6-2017]
A.
Any building or structure having any of the conditions hereinafter
set forth is hereby declared to be detrimental to the health, safety
or welfare of the residents of the City, and to constitute a public
nuisance as follows:
1.
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 structural member
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 nonsupporting enclosing or outside walls or covering;
3.
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 for
the purpose for which they are being used or intended to be used;
4.
Those which have been substantially damaged by fire, wind or
other causes;
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 next to 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
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;
9.
Those condemned as unfit for human habitation 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 next to the time a notice shall issue under Section 505.040 for the demolition or repair of the building;
10.
Those having inadequate facilities for egress in case of fire
or panic;
11.
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;
12.
Those whose plumbing systems or any part thereof, existing or
under construction, are unsanitary, unsafe, dangerous, or pose a threat
or menace to life, health, or property;
13.
Those built or under construction in violation of the building,
plumbing, electrical or zoning codes of the City or used in violation
thereof;
14.
All vacant, unused, or unoccupied buildings and structures within
the City, which are allowed to become or remain open to entrance by
unauthorized persons or the general public, because of broken, missing,
or open doors, windows, or other openings, so that the same may be
used by vagrants or other persons in a manner detrimental to the health
and welfare of the inhabitants of the City.
[Ord. No. 271 §§ 1
— 2, 2-6-2017]
A.
The Building Official shall from time to time appoint persons as
inspectors of dangerous buildings. These inspectors shall:
1.
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;
2.
Inspect any building or structure reported by any department of the City which has reason to believe that the building or structure has any conditions described in Section 505.010;
3.
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;
4.
Determine in any case where inspection shows that a building or structure has any of the conditions referred to in Section 505.010, 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 Building Official thereof. Should the Building Official concur in the finding of the inspector that there is immediate danger as aforesaid, the 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
Building Official of the City of Warsaw. 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 Dangerous Building Code of the City of Warsaw, Missouri.
It is unlawful to remove this notice until such compliance has occurred."
Nothing contained in this Subsection (4) shall be construed to deprive any person entitled thereto by this Chapter of the notice and hearings prescribed herein.
5.
Report to the Building Official any non-compliance with any
notice given under this Chapter.
[Ord. No. 271 §§ 1
— 2, 2-6-2017]
Whenever the Building Official shall deem it advisable, he/she
may also request that inspections be made by the fire department,
the health department or by any other department of the City, or by
any person who might have knowledge and information useful in the
determination of whether a building or structure is a public nuisance
or, if so, how it might be alleviated. In addition, the Building Official,
if he/she deems it advisable, may request such an inspection be made
by an architect or engineer especially employed by the City for the
purpose of that inspection.
[Ord. No. 271 §§ 1
— 2, 2-6-2017]
A.
Whenever a dangerous 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 County that such building or structure has been found
to be a public nuisance under the provisions of this Chapter.
B.
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.
C.
In the case of any gas piping or gas appliance the building inspector
may order any person supplying gas to such piping or appliance to
discontinue supplying thereto until such piping or appliance is made
safe to life, health or property.
[Ord. No. 271 §§ 1
— 2, 2-6-2017]
A.
Whenever under this Chapter a notice is required to be served upon the person 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 County and shall be signed by the Building Official, or on his/her behalf by an inspector of dangerous buildings who shall have made an inspection of the building or structure about which the notice is to be given.
B.
The notice shall be served, if the party 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.
C.
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 certified
mail, return receipt requested, but if his/her address shall not be
known, the service of notice 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 on the same day
of the week in some newspaper of general circulation published in
the 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 forty-five (45) days from the date of the
first publication of notice.
D.
The publication notice shall state:
1.
A notice of dangerous building has been prepared for a certain
building;
3.
The building's address and the legal description of the
property it sits upon;
4.
The name of the building inspector and the address and telephone
number of his/her office;
6.
A full and adequate hearing upon the matter before the Board
of Appeals will be requested unless the necessary actions to abate
the nuisance are undertaken within forty-five (45) days from the date
of the first publication of notice; and
7.
The date of the first notice publication.
[Ord. No. 271 §§ 1
— 2, 2-6-2017]
A.
Whenever a notice is given that any building or structure constitutes
a public nuisance under the provisions of this Chapter the party responsible
for giving the notice shall base his/her order as to the necessary
actions to abate the nuisance by observance of the following standards:
1.
If the conditions which cause the building or structure to be
a public nuisance can 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
so repaired or maintained.
2.
If the conditions are such as to make the building or structure
immediately dangerous to the health, safety or welfare of its occupants,
the building or structure shall be ordered vacated pending abatement
of the nuisance.
3.
In all cases where the conditions causing the building or structure
to be a public nuisance 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 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 exceeding
fifty percent (50%) of the value of the building or structure, it
shall be ordered repaired or demolished, and if 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) 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) shall be ordered demolished.
[Ord. No. 271 §§ 1
— 2, 2-6-2017]
A.
Whenever there is 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 Building Official of the City shall request a full and adequate hearing upon the matter before the Board of Appeals established under Section 145.020, by filing such request with the City Clerk, and the clerk shall deliver copies of the request thereof to the chairperson of the Board of Appeals. The board shall cause written notice of the date, time and place of the hearing of the appeal to be given at least twenty-one (21) days prior to the date of the hearing by personal service or by mailing a copy thereof to all individuals, firms or corporations, who, from the records in the Recorder of Deeds' office, appear to be titled owners of the property, along with all occupants, lessees, mortgagees, agents and all other persons that may have an interest in the building or structure. 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 is a public nuisance
under the terms of this Chapter;
2.
Whether the procedures required by this Chapter have been substantially
followed; and
3.
Whether or not the abatement order of the dangerous buildings
inspector was reasonable and within the standards of this Chapter.
B.
All testimony shall be under oath, which may be administered by the
chairperson of the Board of Appeals or by the court reporter making
the written record of the hearing, and said written record of the
hearing shall be made by said 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 costs of the performance for demolition
or repair in the event the City shall be required to do so, and payable
as provided for such costs.
[Ord. No. 271 §§ 1
— 2, 2-6-2017]
A.
Within thirty (30) days from the date of the hearing required by Section 505.070, the Board of Appeals shall upon the basis of competent and substantial evidence offered at the hearing make findings of fact 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 or welfare of residents of the City; specifically finding as a matter of fact the condition or conditions of such building or structure which constitute the nuisance.
B.
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 inspector of dangerous
buildings to abate the nuisance was reasonable in its terms and conditions
and within the standards of this Chapter.
C.
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 of Appeals to make its own finding of fact as to what is reasonably
required to abate the public nuisance within the standards of this
Chapter. If the Board of Appeals 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 against the building or structure
shall be dismissed.
D.
The concurring vote of three (3) members of the Board of Appeals
shall be necessary:
1.
To find that a building is a public nuisance;
2.
To find whether or not the procedures required by this Chapter
have been substantially met and complied with;
3.
To find whether or not the abatement order of the inspector
of dangerous buildings to abate the nuisance was reasonable in its
terms and conditions and within the standards of this Chapter; and
4.
To make the board's findings of fact as to what is reasonably
required to abate the public nuisance within the standards of this
Chapter if the board decides the abatement order was not reasonable
in its terms or conditions or within the standards of this Chapter.
E.
The chairperson of the Board of Appeals may assign any member of
the Board of Appeals to write the board's findings of fact once
the board has made the findings required by this Section, but all
members of the board voting in favor of said findings of fact must
also sign said findings of fact.
[Ord. No. 271 §§ 1
— 2, 2-6-2017]
A.
If a proceeding is not dismissed following the findings required by Section 505.080, the Board of Appeals 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 required by Section 505.080 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 shall be posted in a conspicuous place in the office of the Building Official for a period of thirty (30) days from the date of issuance thereof.
B.
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, such time to be determined by the concurring vote
of three (3) members of the Board of Appeals, and shall further provide
that if it is not complied with within such time, the Building Official
shall cause the work to be done by the City and its own crews or by
contractors employed by the City for that purpose.
[Ord. No. 271 §§ 1
— 2, 2-6-2017]
A.
Whenever the City shall have caused the work to be done as provided by Section 505.090, the Building Official shall certify the cost of the work to the City Clerk who shall cause a special tax bill therefor and for the cost of the reporter at the hearing which shall be likewise certified by the Building Official, 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, shall be registered in the office of the City Clerk of the City, in a book kept by him/her for such purposes, and shall be collected by the finance director or other officials designated by the City to collect personal and real property 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 at the rate of eight percent (8%) per annum
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 request for ten (10) annual payments is not made prior to the
time the Building Official 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 eight percent (8%) per
annum until paid.
[Ord. No. 271 §§ 1
— 2, 2-6-2017]
Tax bills issued under Section 505.100 shall be prima facie evidence of the validity of the bill, the doing of the work and the liability of the property for the charges stated in the bill and shall be collected if default should occur by suit brought in a court of competent jurisdiction by the City Attorney or by an attorney contracted with for that purpose on behalf of the City. Judgment in any such suit shall be satisfied by any means authorized by Statutes or rules of court of the State.
[Ord. No. 271 §§ 1
— 2, 2-6-2017]
Any owner, occupant, lessee, mortgagee, agent or other person having an interest in the building or structure may appeal from the order and findings of the Board of Appeals made under the provisions of sections 505.080 and 505.090. The appeal shall be to a circuit court as established in Ch. 536, RSMo.
[Ord. No. 271 §§ 1
— 2, 2-6-2017]
In all cases where it reasonably appears that an immediate danger
to the health, safety or welfare of any person exists, the Building
Official may take emergency measures to vacate, repair or demolish
a building or structure which is a public nuisance under the provisions
of this Chapter.
[Ord. No. 271 §§ 1
— 2, 2-6-2017]
No officer, agent or employee of the City 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. 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.
[Ord. No. 271 §§ 1
— 2, 2-6-2017]
A.
It shall be unlawful for the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in a building or structure not to comply with the order of the Board of Appeals issued pursuant to Section 505.090 or the order of the Building Official issued pursuant to Section 505.130 of the dangerous building code.
B.
Any person who violates an order of the Board of Appeal shall be subject to a fine and imprisonment under this Code for each day that he/she fails to comply with such order but such fine shall be as provided in Section 100.220 for each day of violation. Each day a person is in violation of the order of the Board of Appeals shall constitute a separate offense.
[Ord. No. 271 §§ 1
— 2, 2-6-2017]
A.
It is unlawful for the owner or agent of an owner of any building or structure, upon whom a notice of public nuisance as specified in Section 505.040 has been served, to sell, transfer, mortgage, lease or otherwise dispose of said building or structure to another until the provisions of the notice have been complied with or the Board of Appeals has made finding of fact under Section 505.080 that the building or structure in question is not a public nuisance under the terms of this Chapter, that the procedures required by this Chapter have not been substantially met and complied with, or that the abatement order of the inspector of dangerous buildings to abate the nuisance was not reasonable in its terms and conditions and within the standards of this Chapter, unless said owner shall furnish to:
1.
The grantee, transferee, mortgagee or lessee a true copy of
the notice of public nuisance; and
2.
The Building Official a signed and notarized statement from
the grantee, transferee, mortgagee or lessee acknowledging the receipt
of such notice of public nuisance, and that said person fully accepts
the responsibility without condition for complying with the provisions
of such notice of public nuisance within the time provided in said
notice.
[Ord. No. 271 §§ 1
— 2, 2-6-2017]
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.
The insurer shall withhold from the covered claim payment twenty-five
percent (25%) of the covered claim payment, and shall pay the 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 repair, cleanup or 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,
provided.
2.
The City shall release the proceeds and any interest which has accrued on such proceeds received under Subsection (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 505.040 and 505.050 all moneys in excess of that necessary to comply with the provisions of Sections 505.040 and 505.050, or the removal of the building or structure, to board up and secure such building or structure, or to repair and clean up property, and the lot on which it is located, 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 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.
5.
If there are no proceeds of any insurance policy as set forth in Subsections (1) and (2) 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 until paid.
