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.
21.
Those under construction upon which work has ceased to the point that substantial progress has not been made for a period of thirty (30) consecutive calendar days after a notice has been issued under Section
505.060 for the completion or demolition thereof.
22.
Those in the process of demolition upon which work has ceased to the point that substantial progress has not been made for a period of seven (7) consecutive calendar days after a notice has been issued under Section
505.060 for the completion or demolition thereof.
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.
The Institute for Building Technology and Safety (IBTS) shall
be the Building Inspector(s) within the meaning of this Chapter.
The IBTS shall act as Building Commissioner under this Chapter.
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)