[R.O. 2008 § 502.010; Ord. No. 6497, 9-13-2018]
As used in this Chapter, the following
terms shall have the meanings indicated:
That which is built or constructed, including, without limitation,
because of enumeration, buildings for any occupancy or use whatsoever,
fences, signs, billboards, fire escapes, chute escapes, railings,
water tanks, towers, open-grade steps, sidewalks, or stairways, tents
or anything erected and framed of component parts which is fastened,
anchored or rests on a permanent foundation or on the ground.
[R.O. 2008 § 502.020; Ord. No. 6497, 9-13-2018]
Pursuant to Sections 67.400 through
67.450, RSMo., the buildings or structures which are determined to
be detrimental to the health, safety or welfare of the residents of
the City of O'Fallon are hereby declared to be a public nuisance.
[R.O. 2008 § 502.030; Ord. No. 6497, 9-13-2018]
A.
Buildings and structures as hereinafter
described are declared to be detrimental to the health, safety and
welfare of City residents:
1.
Those buildings or structures which
have been damaged by fire, wind, or any other cause whatsoever, thus
rendering them dangerous to life, safety, morals or the general health
and welfare of any occupant or any other person.
2.
Those buildings or structures which
have parts thereof which are attached or have deteriorated in such
a way that they constitute a threat of falling upon public ways or
upon the property of others or which may constitute a threat of injury
to members of the public or the occupants thereof.
3.
Those buildings or structures which
have become so dilapidated, decayed, unsafe, or unsanitary so that
they are unfit for human habitation, or are likely to cause sickness
or disease to the occupants thereof or to any other person.
4.
Those buildings or structures which,
because of their condition, become harboring places for rats, stray
animals, vermin or other disease-bearing creatures, and which are
unsafe, unsanitary or dangerous to the health, safety or general welfare
of any person.
5.
Those occupied buildings or structures
having light, air, or sanitary facilities that are inadequate to protect
the health, safety or general welfare of any person who may live or
work therein.
6.
Those buildings or structures, whether
occupied or unoccupied, having inadequate facilities for egress in
case of fire or other catastrophe, or those buildings with structures
having insufficient stairways, elevators or fire escapes to allow
adequate egress therefrom.
7.
Those buildings or structures which,
because of their condition, are unsafe, unsanitary or dangerous to
the health, morals, safety or welfare of any person.
8.
Those buildings or structures 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 such wall or vertical structural member falls outside
of the middle one-third (1/3) of its base.
9.
Those buildings or structures which,
exclusive of the foundation, show thirty-three percent (33%) or more
damage or deterioration of the supporting member or members or fifty
percent (50%) of damage or deterioration of the non-supporting enclosing
or outside walls or covering.
10.
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 safe for the purpose for which they are being used
or intended to be used.
11.
Partially constructed buildings upon
which no substantial work shall have been performed for ninety (90)
days.
12.
Those in the process of demolition
upon which no substantial work shall have been performed for a period
of fourteen (14) days.
[R.O. 2008 § 502.040; Ord. No. 6497, 9-13-2018]
Those buildings or structures which
are uninhabited, but which remain open or unlocked or have openings
in any door, window, wall or roof, so that the same may be entered
by animals, children or unauthorized persons are declared to be detrimental
to the health safety and welfare of City residents and nuisances.
Such buildings or structures shall be required to be secured.
[R.O. 2008 § 502.050; Ord. No. 6497, 9-13-2018]
A.
The following standards shall be followed
in substance by the Building Inspector or other designee of the Building
Official in ordering repair, vacation, or demolition:
1.
If the dangerous building can reasonably
be repaired so that it will no longer 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, morals, safety, or
general welfare of its occupants, it shall be ordered vacated.
3.
In any case where a dangerous building
is fifty-percent damaged or decayed, or deteriorated from its original
value or structure, it shall be demolished, and in all cases where
a building cannot be repaired so that it will no longer exist in violation
of the terms of this Chapter it shall be demolished. 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 the City
or Statute of the State, it shall be demolished.
[R.O. 2008 § 502.060; Ord. No. 6497, 9-13-2018]
A.
The Building Inspector shall:
1.
Inspect any building, wall or structure
that may be existing in violation of this Chapter.
2.
Notify in writing the owner, occupant,
lessee, mortgagee, agent and all other persons having an interest
in the building as shown by the land records of the recorder of deeds
of the county, or any building found by him to be a dangerous building
within the standards set forth in this Chapter, that:
a.
The owner must vacate, repair, or
demolish the building in accordance with the terms of the notice and
this Chapter;
b.
The occupant or lessee must vacate
the building or may have it repaired in accordance with the notice
and remain in possession;
c.
The mortgagee, agent or other persons
having an interest in the building as shown by the land records of
the recorder of deeds for the county may at his own risk repair, vacate,
or demolish the building or have such work or act done;
provided, that any person notified
under this Subsection to repair, vacate, or demolish any building
shall be given such reasonable time as may be necessary to commence
the work or act as required by the notice provided for herein.
3.
Set forth in the notice provided for in Subsection (A)(2) hereof, a description of the building, or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this Chapter within such length of time as is reasonable.
4.
Set forth in the notice provided for in Subsection (A)(2) hereof, the date, time and place for a hearing to be held before the Building Official or his designee which shall be not less than ten (10) days following service of the notice.
5.
Such notice shall be serviced either
by personal service, by certified mail, return receipt requested,
or by a private delivery service that is substantially equivalent
to certified mail; but if service cannot be had by any of these modes
of service, then service shall be had by publication.
7.
Appear at all hearings conducted
by the Building Official, or his designee, and testify as to the condition
of dangerous buildings.
[R.O. 2008 § 502.070; Ord. No. 6497, 9-13-2018]
A.
The Building Official or his designee shall:
1.
Hold a hearing and hear such testimony
and receive such evidence as the Building Inspector or the owner,
occupant, mortgagee, lessee, or any other person having an interest
in the building, as shown by the land records of the recorder of deeds
for the county, shall offer relative to the dangerous building. At
such hearing, any party may be represented by counsel, and all parties
shall have an opportunity to be heard.
2.
Consider the evidence offered and
make written findings of fact, based on competent and substantial
evidence, as to whether the building or structure is a nuisance and
detrimental to the health, safety, or welfare of the residents of
the City.
3.
Issue an order based upon findings of fact made pursuant to Subsection (A)(2) above commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in the building, as shown by the land records of the recorder of deeds for the county, to repair, vacate, or demolish any building found to be a dangerous building within the terms of this Code. If the evidence does not support a finding that the building or structure is a nuisance or detrimental to the health, safety, or welfare of the residents of the City, no order shall be issued.
4.
If the owner, occupant, mortgagee, or lessee fails to comply with the order provided for in Subsection (A)(3) above within the time prescribed in the original notice or in the order, the Building Official shall cause such building or structure to be repaired, vacated, or demolished as the facts may warrant, under the standards provided for in Section 502.050.
5.
Certify the cost of any repair, vacation
or demolition to the Finance Director. The costs and expenses incurred
by the City shall include the actual costs billed by third parties
performing the abatement and paid by the City, costs billed by the
City Attorney related to the abatement and paid by the City; and costs
related to time spent by City personnel in performing tasks related
to the abatement and in preparation of the tax bill, lien, or other
paperwork (these costs shall be based on the time spent in one-quarter-hour
increments multiplied by the hourly rate of pay for the employee).
All City departments shall provide invoices and other necessary documentation
to the Building Official in order to determine the costs and expenses
related to the abatement of a dangerous building or structure.
[R.O. 2008 § 502.080; Ord. No. 6497, 9-13-2018]
A.
Any interested party may appeal the decision
and order of the Building Official or his designee rendered under
this Chapter.
B.
The decision and order of the Building
Official or his designee may be appealed by filing an appeal, on such
forms as prescribed by the City, with the City Administrator within
seven (7) days from the date of the decision. The appeal form shall
set forth, at a minimum, the detailed grounds for such appeal and
such further information as requested on the appeal form. The City
Administrator shall review the decision of the Building Official either,
within the Administrator's sole discretion, upon the record previously
made or upon a new hearing and shall issue a written decision to all
parties.
C.
The decision of the City Administrator
may be subject to judicial review in the Circuit Court of St. Charles
County by filing an appropriate petition for judicial review. If a
proper record as defined in Section 536.130, RSMo., is maintained
of the hearing before the Building Official, then such appeal shall
be made to the St. Charles County Circuit Court pursuant to Sections
536.100 to 536.140, RSMo. If such a record is not maintained, the
appeal shall be made to the St. Charles County Circuit Court within
thirty (30) days of the date of the decision and order pursuant to
Section 536.150, RSMo.
[R.O. 2008 § 502.090; Ord. No. 6497, 9-13-2018]
A.
The Finance Director shall prepare a special
tax bill or assessment for the costs related to the demolition, repair
or vacation of property. The tax bill from the date of its issuance
shall be deemed a personal debt of the property owner and shall also
be a lien on the property until paid.
B.
If the building or structure is demolished
or repaired by a contractor pursuant to an order issued by the City
and such contractor files a mechanic's lien against the property,
the contractor may enforce this lien as provided in Sections 429.101
to 429.360, RSMo.
C.
At the request of the property owner, the
tax bill may be paid in annual equal installments over a period of
not more than ten (10) years. 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 or such other date as determined
in writing by the Finance Director. Interest shall be at the statutory
rate on the unpaid balance of the tax bill 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.
If request for installment is not made to the City, the tax bill shall
be due and payable thirty (30) days from its date of issuance with
interest thereon at the statutory rate until paid.
D.
The tax bill may be collected in any manner
provided by law. Tax bills issued under this Section shall be prima
facie evidence of the validity of the bill, the doing of the work
and the liability of the property and property owner for the charges
stated in the bill.
[R.O. 2008 § 502.100; Ord. No. 6497, 9-13-2018]
A.
The owner of any dangerous building who
shall maintain a dangerous building or fail to comply with any notice
or order to repair, vacate, or demolish such building given pursuant
to this Chapter or who fails to proceed continuously without unnecessary
delay shall be guilty of a violation and subject to a fine not exceeding
one thousand dollars ($1,000.00) or, if the owner of the property
is not also a resident of the property, then a fine not exceeding
two thousand dollars ($2,000.00), and/or imprisonment in accordance
with the general penalty provisions for ordinance violations as set
forth in this Code.
B.
The occupant or lessee in possession who
fails to comply with any notice to vacate and who fails to repair
the building in accordance with any notice given as provided for in
this Chapter shall be guilty and subject to a fine not exceeding one
thousand ($1,000.00) dollars and/or imprisonment in accordance with
the general penalty provisions for ordinance violations as set forth
in this Code.
C.
Any person removing any notice or placard
prohibiting entry or occupancy of the dangerous building shall be
guilty of a violation and subject to a fine not exceeding one thousand
dollars ($1,000.00) and/or imprisonment in accordance with the general
penalty provisions for ordinance violations as set forth in this Code.
[R.O. 2008 § 502.110; Ord. No. 6497, 9-13-2018]
In cases where it reasonably appears that there is immediate danger to the life, safety or health of any person unless a dangerous building as defined herein is immediately vacated, and/or made secure against unauthorized entry, and/or repaired, and/or demolished, the Building Inspector shall report such facts to the Building Official or his designee. The Building Official shall immediately cause the dangerous building to be vacated, and/or be made secure against unauthorized entry, and/or repaired, and/or demolished as the circumstances warrant. The cost to the City to cause the emergency repair, vacation, securing, or demolition of such dangerous building shall be collected in the same manner as provided in Section 502.090.
[R.O. 2008 § 502.120; Ord. No. 6497, 9-13-2018]
No officer, agent, or employee of
the City shall render himself personally liable for any damage that
may accrue to persons or property as a result of any act required
or permitted in the discharge of his duties under this Chapter. Any
suit brought against any officer, agent, or employee of the City as
a result of any act required or permitted in the discharge of his
duties under this Chapter shall be defended by the City until the
final determination of the proceedings therein.
[R.O. 2008 § 502.130; Ord. No. 6497, 9-13-2018]
A.
Notwithstanding any other provisions of
this Chapter, 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 payment of twenty-five percent (25%) of
the insurance proceeds shall be paid to the City. This Section shall
apply only to a covered claim payment which is in excess of fifty
percent (50%) of the face value of the policy covering a building
or other structure.
B.
The insurer shall withhold from the covered
claim payment 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.
C.
The City shall release the proceeds and any interest thereon received under Subsection (A) 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 this Chapter. If the City proceeded under the provisions of this Chapter, all monies in excess of that necessary to comply with the provisions of this Chapter 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.
D.
This Section shall apply to fire, explosion
or other casualty loss claims arising on all buildings and structures.
E.
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.
