It is the purpose of this Chapter 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 Chapter shall apply to all dangerous
buildings, as herein defined, that now are in existence or that may
hereafter exist in the City of Edgerton, Missouri.
[Ord. No. 18-025, 2-9-2022]
A.
All buildings or structures, portions or parts of a building, or
remains of a building or structure, which may have any of the defects
enumerated herein or in the Building Code shall be deemed a dangerous
building and a nuisance provided that such conditions or defects exist
to the extent that they are detrimental to the life, health, property,
safety or welfare of the public, or its occupants are endangered.
A building is a dangerous building whenever:
1.
The exterior walls or other vertical structural members list,
lean or buckle to such an extent that a plumb line passing through
the center of gravity does not fall inside the middle one-third (1/3)
of the base.
2.
A portion thereof has wrecked, warped, buckled or settled to
such an extent that walls or other structural portions have materially
less resistance to winds or snow than is required in the case of similar
new construction.
3.
The building or structure, or any portion thereof, because of
dilapidation, deterioration, decay, vandalism or faulty construction
or the removal, movement or instability of any portion of the ground
necessary for the purpose of supporting such building or the deterioration,
decay or inadequacy of its foundation or any other cause is likely
to partially or completely collapse.
4.
The building or structure, exclusive of the foundation, shows
substantial damage or deterioration of the supporting or non-supporting
members, or enclosing or outside walls or wall coverings.
5.
The building or structure has improperly distributed loads upon
the floors or roofs, or in which the same are overloaded or which
have insufficient strength to be reasonably safe for the purpose used
or intended to be used.
6.
A portion of the building has been damaged by fire, earthquake,
tornado, wind, flood, vandals or any other cause, to such an extent
that the structural strength or stability thereof is materially less
than it was before such catastrophe or damage and is less than the
minimum requirements of the Building Code for similar new construction.
7.
A door, aisle, passageway, stairway, fire escape or other means
of egress is not of sufficient width or size, or is damaged, dilapidated,
obstructed or otherwise unusable, or so arranged so as not to provide
safe and adequate means of egress in case of fire or panic.
8.
A portion of the building or member or appurtenance thereof
(e.g., porch, chimney, signs) is likely to fail, or to become detached
or dislodged, or to collapse and thereby injure persons or damage
property.
9.
The building or structure has any portion, member or appurtenance,
ornamentation on the exterior thereof which is not of sufficient strength
or stability, or is not so anchored, attached or fastened in place
so as to be capable of safely resisting wind pressure, or snow or
other loads.
10.
The building or structure, because of inadequate maintenance,
dilapidation, decay, damage, faulty construction or arrangement, trash,
filth, inadequate light, air ventilation or sanitation facilities,
or otherwise is determined to be unsafe, unsanitary, unfit for human
habitation, or in such a condition that is likely to cause sickness
or disease.
11.
For any reason, the building or structure, or any portion thereof,
is manifestly unsafe for the purpose for which it is being used.
12.
The building or structure or land it occupies exists or is maintained
in violation of any specific requirement or prohibition applicable
to such building or structure or land provided by this Article or
other applicable laws or ordinances of this State or City relating
to the condition, use, location, maintenance of the building, structures
or land.
13.
The building or structure has become an attractive nuisance
to children or is open to unauthorized or unlawful entry.
14.
The building or structure because of obsolescence, dilapidated condition, deterioration, damage, trash and debris, unsafe exits, inadequate facilities for egress in case of fire or panic, lack of sufficient fire-resistive construction, unsafe electrical wiring, gas connections, or heating apparatus, previous fires or any other cause is determined to be a fire hazard or is a fire hazard under Chapter 203 of the Code of Ordinances of the City of Edgerton, Missouri.
15.
The electrical system is totally or partially damaged, destroyed,
removed or otherwise made inoperable, unsafe or hazardous.
16.
The plumbing system is totally or partially damaged, destroyed,
removed or otherwise made inoperable or unsanitary.
17.
The mechanical system or any portion of the mechanical system
is totally or partially damaged, destroyed, removed or otherwise made
inoperable or unsafe.
18.
The building or structure, because of obsolescence, dilapidated
condition, deterioration or damage, is detrimental to the sale, loan
or taxable values of surrounding properties or which renders such
surrounding properties uninsurable or which constitutes a blighting
influence upon the neighborhood or which constitutes an eyesore so
as to deprive owners or occupants of neighboring property of the beneficial
use and enjoyment of their premises or which presents an appearance
which is offensive to persons of ordinary sensibilities.
19.
The building or structure is in such condition as to constitute
a public nuisance known to the common law or in equity jurisprudence.
20.
A portion of a building or structure remains on a site when
construction or demolition work is abandoned.
B.
The owner, occupant or lessee in possession of any dangerous building as defined in Section 505.020(A) of this Code who knowingly maintains said building in such condition shall be guilty of an ordinance violation and upon conviction thereof shall be punishable as set forth in Section 100.220 of the Code of Ordinances of the City of Edgerton, Missouri. Each day of violation shall be deemed to be a separate offense.
No person shall be entitled to receive a probation or a suspended
imposition of sentence unless, as a condition thereof, such person
shall be required to remove the nuisance as an express condition of
probation.
C.
Party Defined. 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 the County
wherein the land is located.
D.
This Section shall become effective ninety (90) days from the date
of passage.
All dangerous buildings or structures, as defined by Section 505.020 of this Chapter, 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 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.
The Institute for Building Technology and Safety (IBTS) shall
be the Building Inspector(s) within the meaning of this Chapter.
A.
The Building Inspector(s) 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 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 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 Department of this City as probably existing in violation
of this Chapter.
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 Platte 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 Chapter.
(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 Platte 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 Platte 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 Chapter to the notice and hearing
prescribed herein.
The IBTS shall act as Building Commissioner under this Chapter.
A.
The Building Commissioner shall have the powers and duties 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 an 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, 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 Platte 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 Chapter.
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 Platte 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 County 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. (RSMo. § 67.410)
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 Chapter.
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 clean up 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. (RSMo. § 67.410)
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 Platte County may appeal such decision to the Circuit Court of Platte 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. (RSMo. § 67.430)
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. (RSMo. § 67.440)
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 Chapter; and any person violating any other provisions of this Chapter, 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. (RSMo. § 67.420)
