A.
Purpose And Scope. It is the purpose of this Article to provide a
just, equitable and practicable method for the repairing, vacation
or demolition of buildings or structures that may endanger the life,
limb, health, property, safety or welfare of the occupants of such
buildings or the general public, and this Article shall apply to all
dangerous buildings, as herein defined, that now are in existence
or that may hereafter exist in the City of Festus, Missouri.
B.
Duties Of Building Commissioner. It shall be the responsibility of
the Building Commissioner, or his/her designee, to make inspections
of all structures and premises to safeguard the safety, health and
welfare of the public. Inspections may be made on any dwelling for
which a written complaint is filed by any person to the effect that
the dwelling or building is or may be in violation of the standards
established by this Chapter. An inspection shall be made when a structure
or premises becomes vacant and before it is occupied again. No occupancy
permit shall be issued, nor shall water service be resumed or continued
until the structure or premises meets the minimum housing standards
as per the current Property Maintenance Code of the City of Festus.
Inspections may also be made on initiative of the department when
it is apparent that there is or may be a violation of the standards
established by this Chapter. Any reference in this Code to a "Code
Official" or "Building Official" shall mean the "Building Commissioner."
[Ord. No. 4420, 12-6-2017]
A.
All buildings or structures 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.
[Ord. No. 4420, 12-6-2017]
All dangerous buildings or structures, as defined by Section 500.181 of this Article are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as provided herein.
[Ord. No. 4420, 12-6-2017]
A.
The following standards shall be followed in substance by the Building
Inspector(s) and the Building Commissioner, or Board of Appeals, in
ordering repair, vacation or demolition of any dangerous building.
1.
If the dangerous building can reasonably be repaired so that
it no longer will exist in violation of the terms of this Article,
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 Article, 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 Article or any ordinance
of this City or Statute of the State of Missouri, it shall be repaired
or demolished.
5.
If a building, or portion thereof, is contaminated due to methamphetamine production or use on the property, such contamination shall be abated in accordance with Appendix A - Amendments to Building Codes of Chapter 500 of this Code.
[Ord. No. 4420, 12-6-2017]
The Building Inspector shall be the Building Inspector(s) within
the meaning of this Article.
[Ord. No. 4420, 12-6-2017]
A.
The Building Inspector(s) shall have the duty under this Article
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 place
to be a dangerous building when he or 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 Article, 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 Article.
4.
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 of Jefferson County, of any building or structure found by him or her to be a dangerous building or structure within the standards set forth in Section 500.181. Such notice shall be in writing and shall be given 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) consecutive weeks. 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 Article;
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 Jefferson County 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, and a reasonable time for completion of the required work.
5.
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,
a statement indicating that as a dangerous building, said building
or structure constitutes a nuisance, and an order requiring the designated
work to be commenced within the time provided for in the above Subsection.
6.
Report in writing to the 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.
7.
Appear at all hearings conducted by the Building Commissioner
and testify as to the condition of dangerous buildings.
8.
Immediately report to the Building Commissioner concerning any
building found by him or her to be inherently dangerous and that he
or she determined to be a public nuisance. 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 Jefferson 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 Article to the notice and hearing
prescribed herein.
[Ord. No. 4420, 12-6-2017]
The Director of Planning and Public Works, or his or her designee,
shall act as Building Commissioner under this Article.
[Ord. No. 4420, 12-6-2017; Ord. No. 4734, 8-14-2023]
A.
The Building Commissioner shall have the powers and duties pursuant
to this Article to:
1.
Supervise all inspections required by this Article, and cause
the Building Inspector to make inspections and perform all the duties
required of him or her by this Article. 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 persons(s) having an interest in said building to commence work of reconditioning or demolition within the time specified by the notice, or upon failure to proceed continuously with work without unnecessary delay, or failure to complete the work in the time provided by the Building Inspector, hold a hearing giving the affected parties full and adequate hearing on the matter. The Building Commissioner may designate the Board of Appeals, as set forth in Section 500.080, to hold hearings in the manner set forth in this Section. An appeal of the decision of the Building Commissioner or of the Board of Appeals under this Article shall be in the manner set forth in Section 500.189.
3.
Give written notice of said hearing, either by personal service
or by certified mail, return receipt requested, or if service cannot
be had by either of those modes of service then, by publication in
a newspaper qualified to publish legal notices, at least ten (10)
days in advance of the 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 Jefferson
County, who may appear before the Building Commissioner, or the Board
of Appeals, 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.
4.
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 500.181 of this Article.
5.
If the evidence supports a finding based upon competent and
substantial evidence that the building or structure is a dangerous
building, and a nuisance and detrimental to the health, safety, or
welfare of the residents of the City, the Building Commissioner, or
the Board of Appeals, shall issue an order based upon its findings
of fact commanding the owner, occupant, mortgagee, lessee, agent,
or other persons(s) having an interest in said building as shown by
the land records of the Recorder of Deeds of Jefferson County 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 may vacate and demolish said dangerous building at his or 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,
or a nuisance or detrimental to the health, safety or welfare of the
residents of the City, no order shall be issued.
6.
If the owner, occupant, mortgagee or lessee fails to comply with the order within thirty (30) days, the Building Commissioner, or the Board of Appeals, shall cause such building or structure to be repaired, vacated, or demolished and the property cleaned up as the facts may warrant. If the Building Commissioner or other designated officer, officers, or the Board of Appeals issues an order whereby the building or structure is demolished, secured, or repaired, or the property is cleaned up, the cost of performance shall be certified to the City Clerk or officer in charge of finance, who shall cause a special tax bill or assessment therefor against the property to be prepared and collected by the City Finance Officer or other official collecting taxes, 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 Section 500.188, 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 the date of its issuance shall be deemed a personal debt against the property owner and shall also be a lien on the property until paid. Said tax bill or assessment shall bear interest at a rate of eight percent (8%) per annum until paid, or the maximum rate allowed under Missouri law for the collection of delinquent real estate.
[Ord. No. 4420, 12-6-2017]
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, the following procedure is established for the payment of up
to twenty-five percent (25%) of the insurance proceeds to the City,
as set forth in this Subsection. This Section 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:
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 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 this Article.
2.
The City shall release the proceeds and any interest that 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 Subsection (F) of Section 500.187. If the City has proceeded under the provisions of Subsection (F) of Section 500.187, all monies in excess of that necessary to comply with the provisions of Subsection (F) of Section 500.187 for the removal, securing, repair and cleanup of the building or structure and the lot on which it is located, less salvage value, shall be paid to the insured.
B.
If there are no proceeds of any insurance policy as set forth in Subsection (A) 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 the date of its issuance shall be a lien on the property and a personal debt against the property owner(s) until paid.
C.
This Section shall apply to fire, explosion or other casualty loss
claims arising on all buildings and structures.
D.
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.
E.
The Building Commissioner may certify that in lieu of payment of all or part of the covered claim payment under Subsection (A) 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) 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 for in this Subsection.
[Ord. No. 4420, 12-6-2017]
Any owner, occupant, lessee, mortgagee, agent or any other person(s) having an interest in a dangerous building as shown by the land records of the Recorder of Deeds of Jefferson County, may appeal such decision to the Circuit Court of Jefferson County, as provided for in Sections 536.100 to 536.140, RSMo., if a proper record as defined in Section 536.130, RSMo., is maintained of the hearing provided for in Section 500.187 hereof. Otherwise, the appeal shall be made pursuant to the procedures provided for in Section 536.150, RSMo.
[Ord. No. 4420, 12-6-2017]
In cases where it reasonably appears that there is immediate danger to the health, life, safety or welfare of any person unless a dangerous building, as defined herein, is immediately repaired, vacated, or demolished and the property is cleaned up, the Building Inspector shall report such facts to the Building Commissioner and the Building Commissioner or the Board of Appeals may cause the immediate repair, vacation, or demolition of such dangerous building. The costs of such emergency repair, vacation, or demolition of such dangerous building shall be collected in the same manner as provided in Sections 500.187 and 500.188.
[Ord. No. 4420, 12-6-2017]
The owner, occupant or lessee in possession of any dangerous
building who shall fail to comply with the order to repair, vacate,
or demolish said building given by the Building Commissioner or the
Board of Appeals or who shall fail to proceed continuously without
unnecessary delay; and any person removing any notices provided for
in this Article; and any person violating any other provisions of
this Article shall be guilty of an offense 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
or the Board of Appeals may be deemed a separate offense.
