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 Velda Village Hills, Missouri.
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.
All dangerous buildings or structures, as defined by Section
505.020 of this Article, are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided herein.
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 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.
The Building Inspector shall be the Building Inspector(s) within
the meaning of this Article.
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/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 Department 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 St. Louis County, of any building or structure found by him/her to be a dangerous building or structure within the standards set forth in Section
505.020. 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.
a.
The notice required shall state that:
(1) 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.
(2) The occupant or lessee must vacate said building
or have it repaired in accordance with the notice and remain in possession.
(3) The mortgagee, agent or other persons having an
interest in said building as shown by the land records of the Recorder
of Deeds of St. Louis County may, at his/her own risk, repair, vacate
or demolish the building and clean up the property or have such work
done.
b.
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.
c.
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.
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.
a.
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 St. Louis County.
It is unlawful to remove this notice until such notice is complied
with."
b.
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.
The Building Inspector shall act as Building Commissioner under
this Article.
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/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
person(s) having an interest in said building to commence work of
reconditioning or demolition within the time specified by this Article
or upon failure to proceed continuously with work without unnecessary
delay, hold a hearing giving the affected parties full and adequate
hearing on the matter.
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 St. Louis
County who may 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.
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
505.020 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 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 Recorder of Deeds
of St. Louis 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/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 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 or officers 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 Collector 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
505.090, 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.
[Ord. No. 2019-078, 1-10-2019]
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 as set forth
in 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:
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) 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
(A)(6) of Section
505.080. If the City has proceeded under the provisions of Subsection
(A)(6) of Section
505.080, all monies in excess of that necessary to comply with the provisions of Subsection
(A)(6) of Section
505.080 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. City Not Party to Insurance Contract. This Section shall not make
the City a party of any insurance contract, and the insurer is not
liable to any party for any amount in excess of the proceeds otherwise
payable under the insurance policy.
E. Certification
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, the City
has obtained satisfactory proof that the insured has or will remove
debris and repair, rebuild or otherwise make the premises safe and
secure. In the event the City has obtained such satisfactory proof,
the City shall issue a certificate within thirty (30) days after receipt
of proof to permit covered claim payment to the insured without deduction
pursuant to this Section. 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.
F. Penalty.
It shall be unlawful for any owner, occupant, lessee, mortgagee, agent,
or other person having an interest in a building or structure to fail
to comply with the notice of declaration of nuisance within a reasonable
time or to fail to proceed continuously without unreasonable delay
as specified in the Building Official's order. Each such unlawful
act shall be punishable upon conviction by a fine not to exceed one
thousand dollars ($1,000.00) or imprisonment for a term not to exceed
six (6) months, or both such fine and imprisonment.
G. The
City Clerk shall notify the Director of Insurance of the State of
Missouri within fourteen (14) days after the adoption of this Chapter
that the City has adopted an ordinance under Section 67.410, RSMo.,
such notification to be provided in Section 67.412, RSMo.
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 St. Louis County may appeal such decision to the Circuit Court of St. Louis 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
505.080 hereof. Otherwise, the appeal shall be made pursuant to the procedures provided for in Section 536.150, RSMo.
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 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
505.080 and
505.090.
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 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 ordinance violation and upon conviction thereof shall be fined in accordance with Section
100.220 of this Code. Each day that a person fails to comply with an order of the Building Commissioner may be deemed a separate offense.
[Ord. No. 2017-060, 6-8-2017]
The City of Velda Village Hills, Missouri, declares any building
open to the elements and/or that has trash upon it to be a dangerous
building and nuisance.
[Ord. No. 2017-060, 6-8-2017]
This Article shall allow for abatement of said nuisance whenever
it occurs within the boundaries of the City of Velda Village Hills
and provides that the owner(s) thereof shall be liable for reasonable
costs.
[Ord. No. 2017-060, 6-8-2017]
Any dangerous building and nuisance that is not properly boarded
and/or cleaned up after notice, as required by this Article, the City
Board of Alderman shall proceed to have such property boarded up and
shall keep a record of the reasonable expenses involved and shall
certify the cost of the boarding and/or cleaning up of the property
to the City Clerk, who shall cause a special tax bill therefor against
the property to be prepared and be collected by the St. Louis County
Collector with other taxes assessed against the property.
[Ord. No. 2017-060, 6-8-2017]
Upon completion of the board-up and/or cleanup, the Board of
Alderman shall, by ordinance, direct the issuance of the special tax
bill, which shall become a first lien on the property charged therewith.
[Ord. No. 2017-060, 6-8-2017]
If the City provides a “notice to board up and/or clean
up” to the property owner or by posting on the structure or
by United States First Class Mail, said owner shall cause the property
to be boarded up and/or cleaned up within ten (10) days.
[Ord. No. 2017-060, 6-8-2017]
Any property owner who fails to board up and/or clean up their
property upon notice from the City shall be responsible for the reasonable
costs the City incurs in boarding up and/or cleaning up said property.
[Ord. No. 2017-060, 6-8-2017]
The City shall be empowered to go upon private property for
the purpose of making said property safe and secure by boarding and/or
cleaning up said property.
[Ord. No. 2017-060, 6-8-2017]
All special bills issued hereunder shall be prima facie evidence
of what they contain and of their validity, and no mere formality
or clerical mistake in their preparation or execution or in any of
the proceedings by which they were authorized will be a defense.
[Ord. No. 2017-060, 6-8-2017]
The tax bills authorized to be issued hereunder shall become
a first lien upon the property charged therewith; provided, however,
that there shall be no priority among the special tax bills issued
hereunder, regardless of the date of the bills.