[Ord. No. 19-03, 6-13-2019]
Section 67.400 et seq., RSMo., authorizes Cass County, Missouri
("County") to enact an ordinance to provide for the regulation and
abatement of dangerous buildings, and for recovery of the County's
costs associated with such action.
[Ord. No. 19-03, 6-13-2019]
The Building Inspector, as referenced herein, shall be the Director
of the County's Building Codes Department or his/her designee.
For purposes of this Chapter, the Presiding Commissioner shall serve
as the Building Commissioner, unless the County Commission appoints
someone else to so serve.
[Ord. No. 19-03, 6-13-2019]
As used in this Chapter, the following terms shall have the
meanings indicated:
BUILDING
Any structure used or intended for supporting or sheltering
any use or occupancy.
INTERESTED PARTIES
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 Cass County.
NOTICE AND ORDER
Shall be such notice and order given by the Building Inspector pursuant to Section
505.090 of this Chapter.
[Ord. No. 19-03, 6-13-2019]
A. The Building Inspector shall:
1.
Inspect, or cause to be inspected, as often as may be necessary,
any building of the unincorporated area of the County about which
complaints are filed by any person alleging that the building is a
dangerous building, as defined by this Chapter.
2.
Inspect, or cause to be inspected, as often as may be necessary,
any building of the unincorporated area of the County reported by
any department or office of the County that has reason to believe
that the building is a dangerous building, as defined by this Chapter.
3.
Inspect, or cause to be inspected, as often as may be necessary,
any building of the unincorporated area of the County at any time
whenever there is reason to believe that the building is a dangerous
building, as defined by this Chapter.
4.
Immediately report to the Building Commissioner any such building
found by the Inspector to be inherently dangerous and that the Inspector
determines to be a nuisance. The Building Commissioner may direct
that such building be marked or posted with a written notice reading
substantially as follows:
UNSAFE: The County's Building Inspector has deemed this building a dangerous building pursuant to Chapter 505 of the Cass County Code. It shall be a violation of the Cass County Code to remove this notice, unless authorized by Cass County.
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5.
Report to the Building Commissioner any non-compliance with
any notice given under this Chapter.
6.
Appear at any and all hearings required by this Chapter or as
otherwise required by law, and provide testimony at such hearings.
7.
Notify all interested parties of any building found by the Inspector
to be a dangerous building, in accordance with this Chapter.
8.
Nothing contained in this Section shall be construed to deprive
any person entitled thereto by this Chapter of the notice and hearings
prescribed in this Chapter.
[Ord. No. 19-03, 6-13-2019]
A. The Building Commissioner shall have the authority under this Chapter
to do the following:
1.
Whenever the Building Commissioner shall deem it advisable,
he may request inspections be made by the appropriate Fire District,
or by any County department or appropriate office, or by any person
who might have knowledge and information useful in the determination
of whether a building is a public nuisance and, if so, how it might
be alleviated. In addition, the Building Commissioner, if he deems
it advisable, may request such an inspection be made by an architect
or engineer specifically employed by the County for the purpose of
that inspection.
2.
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 County,
the Building Commissioner shall cause an inspection to be made forthwith
by the Building Inspector.
3.
Upon notice from the Building Inspector that the interested
parties have failed to commence work of repairing or demolishing the
building within the specified time, or upon failure to proceed continuously
with work without unnecessary delay, the Building Commissioner shall
call a hearing before the Hearing Board and give appropriate notice
as required by this Chapter.
[Ord. No. 19-03, 6-13-2019]
A. Any building having any of the following conditions is hereby declared
a dangerous building and public nuisance, to the extent that such
conditions are detrimental to the life, health, property, or safety
of the public or its occupants:
1.
Those whose interior wall or other vertical structural member
lists, leans, or buckles to such an extent that a plumb line passes
through the center of any such wall, or that a vertical structural
member falls outside of the middle third of its base.
2.
Those which, exclusive of the foundation, show thirty-three
percent (33%) or more of damage or deterioration of the supporting
members, or fifty percent (50%) of damage or deterioration of the
non-supporting enclosing or outside walls or covering.
3.
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.
4.
Those which have been substantially damaged by fire, earthquake,
wind, flood, or by any other cause(s).
5.
Those which are unoccupied and are open at door, window, wall
or roof. As used herein an "unoccupied" building is one (1) that is
not being continuously and lawfully inhabited for residential or any
non-residential purpose. As used herein an unoccupied building is
"open" at door, window, wall or roof when, because of removal, breakage,
deterioration, destruction, or disrepair of original or replacement
materials, the interior has been exposed to the elements or has become
accessible for entry by animals, trespassers, or others acting without
the building owner's consent.
6.
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.
7.
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.
8.
Those containing therein substantial accumulations of trash,
garbage, or other materials susceptible to fire, or constituting or
providing a harboring place for vermin or other obnoxious animals
or insects or in any way threatening the health of the occupants thereof
or the health of the persons in the vicinity thereof.
9.
Those that are so dilapidated, decayed, unsanitary, unsafe,
or that so utterly fail to provide the amenities essential to decent
living, that they are unfit for human occupation, or are likely to
cause sickness or disease, so as to injure the health, safety, and/or
welfare of the occupants.
10.
Those having inadequate facilities for egress in case of fire
or panic.
11.
Those that have parts thereof which are so attached or deteriorated
that they may fall upon public ways or upon the property of others
or may injure members of the public or the occupants thereof.
12.
Those built in violation of the building code, plumbing code,
electrical code, zoning code, or other code adopted by the County,
or used in violation thereof.
13.
Those which are used or intended to be used for dwelling purposes,
and because of inadequate maintenance, dilapidation, decay, faulty
construction or arrangement, inadequate light, air or sanitation facilities,
or otherwise, is determined by the Building Inspector or his representatives
to be unsanitary, unfit for human habitation, or in such a condition
that is likely to cause sickness or disease.
14.
Those that, because of obsolescence, dilapidated condition(s),
deterioration, damage, inadequate exits, lack of sufficient fire-resistive
construction, faulty electric wiring, gas connections or heating apparatus,
or other cause is determined by the Building Inspector to be a fire
hazard.
15.
Those that, because of their general overall condition, are
unsafe, unsanitary, or dangerous to the health, safety, or general
welfare of the public.
[Ord. No. 19-03, 6-13-2019]
If deemed necessary, the Building Inspector or Building Commissioner
may request an administrative search warrant pursuant to applicable
law to gain entry onto property or into a structure for purposes of
inspection or abatement.
[Ord. No. 19-03, 6-13-2019]
A. The following standards shall be followed in substance by the Building
Inspector and/or the Hearing Board in ordering the repair, vacation,
or demolition of any dangerous building:
1.
Vacation. If the dangerous building is in such condition as
to make it dangerous to the health, morals, safety or general welfare
of the public or the occupants, it shall be ordered vacated.
2.
Repair — With Or Without Closing And/Or Vacation. If it
is reasonably feasible to repair the dangerous building so that it
will no longer exist in violation of the terms of this Chapter, it
may be ordered repaired; and, if reasonably necessary, vacated during
repair. An order to repair may include a boarding requirement to close
and secure any exterior openings.
3.
Demolition. In any case where a dangerous building is damaged,
decayed or deteriorated to a degree that it is not reasonably feasible
to rehabilitate such building or the building will not be structurally
safe, the building or any portion thereof shall be ordered demolished.
An order to demolish may include a requirement to vacate and to close,
and boarding to close and secure exterior openings until demolition
commences.
4.
No Action. If the evidence does not support a finding that the
building is a dangerous building, no order shall be issued.
[Ord. No. 19-03, 6-13-2019]
[Ord. No. 19-03, 6-13-2019]
A. Notice And Order. Whenever the Building Inspector determines that
any building is a dangerous building and public nuisance under the
provisions of this Chapter, he shall as soon as possible thereafter
notify the interested parties that he has found the building to be
a dangerous building and public nuisance under the provisions of this
Chapter. This notice and order shall set forth the description of
the conditions found in the building that make the building a dangerous
building and public nuisance under this Chapter. The notice and order
shall order the abatement of the violation pursuant to the standards
outlined in this Chapter, giving a reasonable time for commencement
of the work, which shall not be longer than thirty (30) days from
the date of such notice and order, and requiring the work to proceed
continuously without unnecessary delay.
1.
Service.
a.
The notice and order shall be signed by the Building Inspector.
The notice and order may be served by:
(2) Certified mail, return receipt requested; or
(3) Regular first-class mail.
b.
Mailing shall be addressed to the person's last known address.
If the address of the person to be served shall not be known, or if
the certified mailing shall be returned by the United States Post
Office marked "address unknown" or "unclaimed," and regular mailed
notice is also returned, then the service of the notice and order
may be by publication and posting on the subject property. The publication
shall be published at least once each week for two (2) consecutive
weeks on the same day of the week in some newspaper of general circulation
qualified to publish legal notices for the County, and the time specified
in the notice and order for the commencement of work for any other
thing to be done shall be at least thirty (30) days from the date
of the first publication of notice.
2.
Notice And Order Content. Whenever a notice and order shall
be given that any building constitutes a dangerous building and public
nuisance under the provisions of this Chapter, the Building Inspector
giving the notice shall base his order as to the necessary actions
to abate the violation by observance of the standards outlined in
this Chapter.
3.
Permits. Interested parties shall be required to obtain all
permits required by this Code prior to commencing work pursuant to
any notice and order (or order of abatement) given pursuant to this
Chapter.
B. Failure To Comply With Notice And Order. Whenever there shall be
a failure to obey a notice and order within the requisite time or
a failure to proceed pursuant to such notice and order without unnecessary
delay, the Building Inspector shall report the same to the Building
Commissioner, and the Building Commissioner shall convene a hearing
before the Hearing Board.
[Ord. No. 19-03, 6-13-2019]
A. Notice.
1.
The Building Commissioner shall cause written notice to be given
to the interested parties of such hearing. Such notice may be served
by:
b.
Certified mail, return receipt requested; or
c.
Regular first-class mail.
2.
Mailing shall be addressed to the person's last known address.
If the address of the person to be served shall not be known, or if
the certified mailing shall be returned by the United States Post
Office marked "address unknown" or "unclaimed," and regular mailed
notice is also returned, then the service may be by publication and
posting on the subject property. Published notice pursuant to this
Section shall be for two (2) successive weeks in a newspaper qualified
to publish legal notices for the County, with the last notice running
at least ten (10) days prior to the hearing directed to the interested
parties instructing them to appear before the Hearing Board on the
date specified in the notice to show cause why the building reported
to be a dangerous building should not be so declared, and ordered
repaired, vacated, and/or demolished in accordance with the Building
Inspector's notice and order.
B. Hearing. The Hearing Board shall hear the case. Any party may be
represented by counsel, and all parties shall have an opportunity
to be heard and present such evidence as shall be relevant to a determination
of:
1.
Whether the building involved is a dangerous building and public
nuisance under the terms of this Chapter;
2.
Whether the procedures required by this Chapter have been substantially
followed; and
3.
Whether the notice and order was reasonable and within the standards
of this Chapter.
C. All testimony shall be under oath or affirmation, and shall be recorded
by a court reporter.
[Ord. No. 19-03, 6-13-2019]
A. Within thirty (30) days from the date of the hearing, the Hearing
Board shall, upon the basis of competent and substantial evidence
offered at the hearing, make conclusions of law as to whether or not
the building in question is a dangerous building and public nuisance
under the terms of this Chapter and detrimental to the health, safety,
or welfare of residents of the County, specifically finding as a matter
of fact the conditions of such building that constitutes the dangerous
building and public nuisance.
B. If the Hearing Board finds that the building is a dangerous building
and public nuisance, further findings shall be made as to whether
the procedures required by this Chapter have been substantially met
and complied with and whether the notice and order of the Building
Inspector was reasonable in its terms and conditions and within the
standards of this Chapter.
1.
If the Hearing Board finds that the procedures required by this
Chapter have been met and substantially complied with, and finds that
the notice and order was reasonable in its terms and conditions and
within the standards of this Chapter, then the Hearing Board shall
cause an order of abatement to be issued.
2.
If the Hearing Board finds that the procedures required by this
Chapter have not been met and substantially complied with, and/or
finds that the notice and order was not reasonable in its terms or
conditions or within the standards of this Chapter, then the Hearing
Board shall not cause an order of abatement to be issued and shall
dismiss the action. However, such dismissal shall in no way prevent
the Building Inspector from reinitiating the process defined by this
Chapter upon such dismissal.
C. If the Hearing Board finds that a dangerous building and public nuisance
does not exist, the proceeding against the building shall be dismissed.
[Ord. No. 19-03, 6-13-2019]
Any order of abatement that the Hearing Board causes to be issued
pursuant to this Chapter shall be attested to by the Building Commissioner.
The County Counselor shall cause to be filed with the Cass County
Recorder of Deeds a certificate of dangerous building, which shall
reference such order of abatement. The order of abatement, together
with the Hearing Board's findings of fact and conclusions of
law shall be in writing and shall be immediately delivered or mailed
to each party to the hearing, or to his attorney of record, as well
as to other interested parties. In addition, copies shall be posted
on the affected property and in a conspicuous place at the historic
County Courthouse for a period of thirty (30) days from the date of
issuance thereof. The order shall state a reasonable time, which shall
not be less than thirty (30) days from the date of issuance, within
which to comply therewith, and shall further provide that if it is
not complied with within such time, the Building Commissioner may,
in his discretion, cause the work to be done by the County and its
own crews or by contractors employed by the County for that purpose,
or the County may enter into contracts with persons engaged in the
business of repairing, securing, boarding, or demolishing buildings
for the purpose of enforcing the order provided for in this Section,
provided there are unencumbered funds in the County budget for that
purpose.
[Ord. No. 19-03, 6-13-2019]
In all cases where it reasonably appears in the opinion of the
Building Commissioner that the conditions of a building pose an imminent
danger to the health, safety, or welfare of any person, the Building
Commissioner may authorize that emergency measures be taken to vacate,
repair, and/or demolish the building which is a public nuisance under
the provisions of this Chapter. The costs of such emergency repair,
vacation, and/or demolition of such dangerous building shall be collected
in the same manner as otherwise provided in this Chapter.
[Ord. No. 19-03, 6-13-2019]
A. The owner, occupant, or lessee in possession of any dangerous building
who shall fail to comply with any order of the Hearing Board to repair,
vacate, or demolish said building shall be guilty of a violation of
this Code.
B. The occupant of any building or structure who shall fail to vacate
such building or structure within the time specified by a notice and
order issued by the Building Inspector shall be guilty of a violation
of this Code.
C. Any person removing any notices provided for in this Chapter shall
be guilty of a violation of this Code.
D. It shall be a violation of this Code for any owner of any unoccupied
building to allow the same to become open at door, window, wall or
roof for a period of time exceeding twenty-four (24) hours, except
when such a building is being boarded, repaired or demolished under
a valid permit issued by the County.
E. It shall be a violation of this Code for the owner, occupant, lessee,
mortgagee, or agent thereof, of a building or structure subject to
this Code, to keep a building or structure in violation of this Chapter.
[Ord. No. 19-03, 6-13-2019]
Unoccupied buildings which are open at door and/or window, wall
or roof are hereby declared to constitute a potential danger and a
public nuisance and constitute an emergency under this Chapter, and
the Building Inspector is hereby authorized to board and secure such
buildings without first complying with the notice and hearing provisions
provided herein.
[Ord. No. 19-03, 6-13-2019]
A. Whenever the County incurred costs related to the abatement of nuisance
and dangerous conditions pursuant to a final order of abatement, or
pursuant to an emergency abatement, the Building Commissioner shall
certify the cost of the work to the County Treasurer, who shall cause
to be prepared a special tax bill therefor, which shall include reasonable
administrative costs of the County in enforcing this Chapter, which
shall likewise be certified by the Building Commissioner. This tax
bill shall be issued against the lot, tract, or parcel of land upon
which the building is located. The special tax bill, from the date
of its issuance, shall be deemed the personal debt of the property
owner and shall be a lien on the lot, tract or parcel of land until
paid.
B. Upon the written request of the taxpayer, to the County Clerk, the
tax bill may be paid in installments over a period of not more than
ten (10) years, with eight percent (8%) interest.
[Ord. No. 19-03, 6-13-2019]
A. If there are proceeds of any insurance policy based on a covered
claim payment for damage or loss to a building arising out of or caused
by fire, explosion or other casualty loss, and the covered claim payment
exceeds fifty percent (50%) of the face value of the policy covering
such building, then the insurer shall pay to the County Clerk a sum
equal to twenty-five percent (25%) of the covered claim, within thirty
(30) days of the determination of coverage, to be held by the County
in an interest-bearing account. The proceeds shall be used to reimburse
the County for its costs in the removal of such building, if necessary.
B. The County shall release the proceeds paid to it pursuant to Subsection
(A) of this Section to the insured or in accordance with the provisions of the insurance policy and endorsements thereto as directed by the insurer unless within thirty (30) days after receipt of the insurance proceeds the Building Inspector has issued a notice and order pursuant to this Chapter, and the County shall retain such proceeds until the conditions cited in the notice and order are abated.
C. The County shall apply the insurance proceeds first to the cost of
the removal of any building found to be a nuisance under this Chapter,
less any salvage value, prior to the expenditure of any County funds.
Should any balance of insurance proceeds remain in the interest-bearing
account after the expense of removal of such building has been paid,
the balance shall be paid over to the insured.
D. Nothing in this Section shall be construed to affect the priority
of a named mortgagee on the insurance policy to the proceeds of the
policy.
E. It shall be a violation of this Code for an insurance carrier to
fail to pay insurance proceeds to the County after being notified
pursuant to this Chapter.
[Ord. No. 19-03, 6-13-2019]
Any aggrieved party may appeal any order of abatement as provided
in § 536.100 et seq., RSMo.