The provisions contained in this Article are referred to as
the "Dangerous Buildings Code of the City of Lexington, Missouri"
and may be cited as such in any proceedings under this Article.
[Ord. No. 2019-15, 4-23-2019[1]]
A.
DANGEROUS BUILDING
DILAPIDATED
GENDER
INTERESTED PARTIES
OCCUPIED
Definitions Specific To Chapter 6:
Any building or structure having any of the conditions listed
in Section 6-1(B) below.
Any one (1) or all of the following: decayed, decaying, deteriorated,
or fallen into partial ruin especially through neglect or misuse,
abandoned, battered, broken-down, crumbling, decrepit, fallen in,
falling apart, in ruins, ramshackle, rickety, ruined, run-down, shabby,
shaky, tumbledown, uncared for, worn-out.
A word imparting the masculine gender only shall extend and
be applied to females and to firms, partnerships and corporations
as well as to males.
The owner, occupant, lessee, mortgagee, agent and all other
persons having an interest in the building, structure, premises, or
equipment as shown by the land records of the Recorder of Deeds for
Lafayette County will be considered as a party/parties as that term
is used within this Chapter.
A structure, building, mobile home, vehicle, or other place
suitable for human occupancy which has a person/persons living in,
dwelling in, inhabiting, residing in, or working in said structure,
building, mobile home, vehicle, or other place and such structure,
building, mobile home, vehicle, or other place is legally connected
to and using all of the following:
B.
Dangerous
Buildings Or Structures. Any building or structure having any of the
following conditions, or conditions as listed in Section 108.1.3 or
108.1.5 of the 2018 International Property Maintenance Code, or subsequent
versions thereof, is hereby declared a dangerous building:
1.
Those whose interior walls or other vertical structure members list,
lean, or buckle to such an extent that a plumb line passing through
the center of gravity falls outside the middle one-third (1/3) 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 same are overloaded, or which have insufficient
strength to be reasonably safe for the purpose used or intended to
be used.
4.
Those which are unoccupied and are open at door, window, wall or
roof. As used herein, an "unoccupied" building is one which is abandoned
or uninhabited for any residential or non-residential purpose; "open"
at door, window, wall or roof when, because of removal, breakage,
deterioration, destruction, disrepair, or decay, the interior has
become exposed to the elements and the structure has become an attractive
dangerous building, including being accessible for entry by animals,
trespassers or others acting without the building owner's consent.
5.
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 6-6 for the completion or demolition thereof.
6.
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 6-6 for the completion or demolition thereof.
7.
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 persons in the vicinity thereof.
8.
Those condemned as unfit for human occupancy under Section 108.1.3 of the 2018 International Property Maintenance Code, or subsequent versions thereof, and upon which no substantial work has been performed to remedy the conditions causing the condemnation thereof for a period of thirty (30) consecutive calendar days after a notice has been issued under Section 6-6 for the demolition or repair of the building.
9.
Those buildings existing in violation of any building, plumbing,
mechanical, electrical, fuel gas, fire, or zoning codes or other ordinances
of the City of Lexington and used in violation thereof, which makes
the building unsafe, unsanitary, or dangerous to the health, safety,
or general welfare of the building occupants, adjacent properties,
or their occupants, or the general public.
10.
Those buildings or structures which, 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, are determined by the Building
Official and Fire Chief to be a fire hazard.
[1]
Editor’s Note: This ordinance repealed former Ch. 6,
Buildings and Building Regulations, adopted and/or amended by Ord.
No. 96-25 § 3, 11-12-1996, and as further amended.
[Ord. No. 2019-15, 4-23-2019]
All buildings and structures defined as dangerous by the terms
of Section 6-1(B) of this Chapter shall be repaired, vacated or demolished.
[Ord. No. 2019-15, 4-23-2019]
The Mayor of the City of Lexington or his designee shall be
the Building Commissioner.
[Ord. No. 2019-15, 4-23-2019]
The Building Commissioner shall cause the Building Official
and Building Inspector to make inspections and perform all of the
duties required of him by this Chapter.
[Ord. No. 2019-15, 4-23-2019]
Any person employed or contracted by the City as Building Inspector,
the Chief of Police, Fire Marshal, and any person so designated by
the Mayor.
[Ord. No. 2019-15, 4-23-2019]
A.
The Building Official or Building Inspector shall:
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 that place to be a dangerous
building when he has reasonable grounds to believe that the building
is dangerous.
2.
Inspect any building, wall or structure about which complaints are
filed by any person or any department of the City alleging that the
building or structure contains any of the conditions described in
Section 6-1(B).
3.
Post any building, structure or property, when it reasonably appears
to the Inspector that there is an immediate danger to the health,
safety or welfare of any persons because of any condition described
in Section 6-1(B), with a notice reading substantially as follows:
"DANGEROUS BUILDING. THIS STRUCTURE IS UNSAFE, AND ITS OCCUPANCY HAS
BEEN PROHIBITED BY THE CITY CODE OFFICIAL."
B.
Absent exigent or emergency circumstances, whenever it is necessary
to make an inspection to enforce any of the provisions of this Chapter,
the Building Official or his representative may enter the building,
structure or premises at all reasonable times to inspect the same
or to perform any duty imposed by this Article, provided that, if
the building or structure is occupied, he has first presented proper
credentials and has requested and received permission to make the
inspection from the owner, occupant or other person having possession,
management or control of the building, structure or premises. Reasonable
effort shall be made to locate the owner, occupant or other person
having possession, management or control of the building, structure
or premises. In the event that permission to conduct the inspection
is denied, the Building Official shall have recourse to every remedy
provided by law to secure entry, including, but not limited to, requesting
an appropriate order from a Judge of the Municipal or Circuit Court
having competent jurisdiction. The Building Official or his representative
may enter abandoned buildings, structures or premises without consent
or a search warrant for the purpose of conducting an inspection pursuant
to this Chapter.
[Ord. No. 2019-15, 4-23-2019]
Whenever the Building Official shall deem it advisable, he may
also request inspections be made by the Fire Department, Health Department,
or by any other department of the City or appropriate agency, or by
any person who might have knowledge and information useful in the
determination of whether a building or structure is a dangerous building
or, if so, how it might be alleviated. In addition, the Building Official,
if he deems it advisable, may request, with approval from the City
Administrator or the Mayor, that the property owner provide such an
inspection made by an architect or engineer at the expense of the
property owner.
[Ord. No. 2019-15, 4-23-2019]
Whenever the Building Official or Building Inspector has determined that any building or structure is a dangerous building under the provisions of this Article, he shall, as soon as possible thereafter, serve notice to 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 for Lafayette County, that such building or structure has been found to be a dangerous building under the provisions of this Article. The notice shall set forth the description of the conditions found in the building or structure so as to constitute the building or structure as a dangerous building under Section 6-1(B). The notice shall also provide for abatement of the danger by ordering the building or structure to be vacated, if such be the case, reconditioned, repaired, removed or demolished, giving a reasonable time for commencement of the work, but not exceeding thirty (30) days' time, and requiring the work to proceed continuously without unnecessary delay. The Building Official may grant an extension of time to complete the abatement process, and such extension of time must be given in writing. The notice of dangerous building and order of abatement may be served in the manner set forth in Section 6-6.1.
[Ord. No. 2019-15, 4-23-2019]
A.
Whenever, under this Article, a notice is required to be served upon
the owner, occupant, lessee, mortgagee, agent, and all other persons
with a vested interest in the building or structure, the notice shall
be in writing and signed by the Building Official or on his behalf
by an inspector of buildings who shall have made an inspection of
the building or structure of which the notice is to be given. The
notice shall be served by one (1) of the following methods:
1.
Delivered Personally. The notice may be served by handing the notice
to the person to be served by anyone competent to be a witness or
by leaving the notice at the usual place of abode of the one (1) to
be served with a member of the household over the age of eighteen
(18) years.
2.
Service may also be made by certified mail, return receipt requested,
addressed to the person's last known address. Mail returned by
the United States Post Office marked "refused" shall constitute proof
of service; if the certified mailing shall be returned by the United
States Post Office marked "address unknown" or "unclaimed," it shall
not be considered legal service.
3.
If service cannot be had by either of the above modes of service,
then service may be had by publication.
4.
Additionally, the notice shall be posted on the building or structure
described in the order.
[Ord. No. 2019-15, 4-23-2019; Ord. No. 2020-15, 4-28-2020]
A.
A notice of the dangerous condition of a building shall be posted
on any building determined to be a dangerous building. The notice
shall contain the words, "DANGEROUS BUILDING. THIS STRUCTURE IS UNSAFE
AND IT'S OCCUPANCY HAS BEEN PROHIBITED BY THE CODE ENFORCEMENT OFFICIAL,"
followed by text authorized by the Building Official.
B.
Any person removing, defacing, or mutilating the "DANGEROUS BUILDING"
notice placed on a dangerous building shall be guilty of a violation
of this ordinance. (ref 6-31) (Section 67.410, RSMo)
C.
No person shall enter a building that has been posted as provided
above unless such entry is authorized by the Building Official. Any
person entering a building without authorization shall be guilty of
a violation of this Section. (Ref 6-31 )
[Ord. No. 2019-15, 4-23-2019]
Whenever a notice shall be given that any building or structure
constitutes a dangerous building under the provisions of this Article,
the Building Official or Building Inspector giving the notice shall
base his order as to the necessary actions to abate the dangerous
building by observance of the following standards:
1.
If
the conditions which cause the building or structure to be a dangerous
building can be reasonably repaired or maintained so that the building
or structure will no longer exist in violation of the terms of this
Article, the building or structure shall be ordered so repaired or
maintained, and if it is not repaired or maintained by the owner,
then the City may abate the dangerous building by repairing, securing,
boarding, demolition or other appropriate means.
2.
In
any case where the state of deterioration of a building or structure
constituting the dangerous building is such that necessary repairs
would amount to a substantial reconstruction of the building or structure,
it shall be ordered repaired or demolished, and if it is not repaired
or demolished by the owner, then the City may abate the dangerous
building by repairing, securing, boarding, demolition or other appropriate
means.
3.
In
all cases where the conditions causing the building or structure to
be a dangerous building cannot be reasonably repaired or maintained
so that the building or structure will no longer exist in violation
of the terms of this Article, the building or structure shall be demolished.
4.
If
the conditions are such as to make the building or structure immediately
dangerous to the health, safety or welfare of its occupants, the building
or structure shall be ordered vacated pending abatement of the dangerous
building.
5.
Any
building or structure constituting a dangerous building because of
the conditions described in Section 6-1(B)(5) shall be ordered to
be completed in accordance with lawful plans and specifications; and
if it shall not be so completed or demolished by the owner within
the time specified in the order of abatement, then the City shall
abate the dangerous building by demolition.
6.
Any
building or structure found to be a dangerous building because of
the conditions described in Section 6-1(B)(6) shall be ordered demolished
by the owner within the time specified in the order of abatement;
and if the owner fails to do so, then the City shall abate the dangerous
building by demolition.
7.
The
Code Official shall have the authority to authorize the disconnection
of utility service to the building, structure or system in accordance
with Section 108.2.1 of the International Building Code.
[Ord. No. 2019-15, 4-23-2019]
Upon receipt of a report from the Building Official of failure
to vacate or to commence work of reconditioning or demolition within
the time specified or upon failure to proceed continuously with the
work without unnecessary delay, the Building Commissioner shall:
1.
Call and have a full and adequate hearing upon the matter.
2.
Give at least ten (10) business days' written notice to the
owner, occupant, mortgagee, lessee, agent and all other persons having
an interest in the dangerous building, as shown by the land records
of the Recorder of Deeds of Lafayette County, to appear before him
on the date specified in the notice to show cause why the building,
structure, premises or equipment reported to be a dangerous building
should not be repaired, vacated and repaired, or vacated and demolished
in accordance with the statement of particulars set forth in notice
of the Building Official. Such notice shall be served either personally
or by certified mail, return receipt requested, and by posting such
notice on the premises. If service cannot be had by the methods set
forth above, a notice to the owner of the hearing shall be had by
publication in a newspaper qualified to publish legal notices. Any
party may be represented by counsel, and all parties shall have an
opportunity to be heard. The City is to be notified in writing, no
later than ten (10) calendar days before the hearing date, if any
party will be bringing legal counsel so arrangements for the attendance
of the City Attorney may be made.
3.
Make written findings of fact from the evidence offered at the hearing
as to whether or not the building or structure in question is a dangerous
building within the terms of Section 6-1(B) of this Chapter.
4.
After the hearing, if the evidence supports a finding that the building,
structure, premises or equipment is a dangerous building or detrimental
to the health, safety or welfare of the residents of the City, the
Building Commissioner or designated officer shall issue an order making
specific findings of fact, based upon competent and substantial evidence,
that shows the building, structure, premises or equipment to be a
dangerous building and detrimental to the health, safety or welfare
of the residents of the City and ordering the building, structure,
premises or equipment to be demolished and removed or repaired. If
the evidence does not support a finding that the building, structure,
premises or equipment is a dangerous building or detrimental to the
health, safety or welfare of the residents of the City, no order shall
be issued.
[Ord. No. 2019-15, 4-23-2019]
A.
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 Lafayette County wherein the land is located
may, within thirty (30) days from the receipt of the order of the
Building Commissioner, appeal such decision to the Circuit Court of
Lafayette County wherein the land is located, pursuant to the procedure
established in Chapter 536, RSMo.
B.
In any appeal as provided by this Section, any person who owns or occupies property located within one thousand two hundred (1,200) feet of the perimeter of the building or structure which is the subject of the suit shall be allowed to present evidence to the court on behalf of the City of the condition of the building or structure, whether or not such person presented such evidence at the hearing provided by Section 6-7.1. The appellant before the court shall have the opportunity to cross-examine any such person presenting evidence to the court. (RSMo. 67-430)
[Ord. No. 2019-15, 4-23-2019]
A.
Non-Compliance. If, within thirty (30) days, the record owner, appellant, or any other person entitled to service of notice pursuant to Section 6-6 fails to comply with the decision and order of the Building Commissioner, the Building Official shall advise the City Administrator/Mayor, who will authorize abatement of the violation. The Building Official shall cause the building or structure to be repaired, vacated and repaired, or vacated and demolished, as the facts may warrant, under the standards herein provided for in Section 6-7(6) of this Chapter.
[Ord. No. 2019-15, 4-23-2019]
A.
Whenever the City shall have caused the work to be done as provided by Section 6-2, 6-8, or incurred costs for emergency abatement as provided in Section 6-8 or 6-10, the Building Official shall certify the cost of the work to the City Clerk. The City Clerk shall cause the amount of unrecovered costs and unpaid fines which are delinquent for more than a year to be added to the annual real estate tax bill for the property if such property is still owned by the person incurring the costs or fines. The costs and fines shall be collected by the official collecting taxes in the same manner and procedure for collecting real estate taxes. If the costs and fines are not paid by December 31 of the year in which the costs and fines are included in the tax bill, the tax bill shall be considered delinquent, and the collection of the delinquent bill shall be governed by laws governing delinquent and back taxes. The tax bill shall be issued against the lot, tract or parcel of land upon which the building or structure is located and deemed a personal debt against the owner from the date of issuance, and shall also be a lien on the property from the date the tax bill becomes delinquent until paid and shall be registered in the office of the City Clerk in a book kept by the Clerk for such purposes. (RSMo. 67.451)
B.
If
the building or structure is demolished, secured or repaired by a
contractor pursuant to an order issued by the City of Lexington and
the contractor files a mechanic's lien against the property where
the dangerous building is located then the contractor may enforce
the lien as provided in Sections 429.010 to 429.360, RSMo.
C.
At
the written request of the taxpayer delivered to the City Clerk, a
tax bill for repair or demolition of a building or structure may be
paid in ten (10) equal annual installments, which 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. Interest shall
be at the rate of eight percent (8%) per annum on the unpaid balance
of the special assessment, 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.
D.
If
a request for ten (10) annual payments is not made prior to the time
the Building Official shall certify the cost of the work to the City
Clerk, the tax bill shall be payable in sixty (60) days from its date
of issuance, with interest thereon at eight percent (8%) per annum
until paid.
[Ord. No. 2019-15, 4-23-2019]
A.
Special tax bills issued under Section 6-9 shall be prima facie evidence of the validity of the bill, the doing of the work and the liability of the property and the property owner for the charges stated in the bill and shall be collected if default should occur by suit brought in a court of competent jurisdiction on behalf of the City. Judgment in any such suit may, at the election of the City, order the property sold under special writ of execution, with the proceeds thereof being applied first to the costs of sale, and the remainder to the amount of the judgment, provided the property owner shall remain personally liable for the amount of any deficiency remaining if the proceeds of sale are not sufficient to pay the full amount of the lien, or the City may forego the lien and elect to take a personal judgment against the property owner for the entire amount of the unpaid special tax bill, with a general execution to issue therefor.
B.
Notwithstanding any provision above to the contrary, the City may
discharge the special tax bill upon a determination by the City that
a public benefit will be gained by such discharge, and such discharge
shall include any costs of tax collection, accrued interest, or attorneys'
fees related to the special tax bill.
[Ord. No. 2019-15, 4-23-2019]
In all cases where it reasonably appears that an immediate danger
to the health, safety or welfare of any person exists, the Building
Official may take emergency measures to vacate, repair or demolish
a building or structure which is a dangerous building under the provisions
of this Article.
[Ord. No. 2019-15, 4-23-2019]
It shall be unlawful for the 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
building is being boarded, repaired or demolished under a valid permit
issued by the Codes Administration Department of the City.
[Ord. No. 2019-15, 4-23-2019]
No officer, agent or employee of this City shall be personally
liable for any damage that may occur to persons or property as a result
of any act required of him or permitted to be taken by him in the
discharge of his duties under this Chapter.
[Ord. No. 2019-15, 4-23-2019]
A.
If there are proceeds of any insurance policy based upon a covered
claim payment made for damage or loss to a building or structure caused
by or arising out of any fire, explosion, or other casualty loss,
and if the covered claim payment is in excess of fifty percent (50%)
of the face value of the policy covering a building or other structure,
then the following procedure shall apply:
1.
The insurer shall withhold from the covered claim payment twenty-five
percent (25%) of the covered claim payment and shall pay the amount
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 Section.
2.
The City shall release the proceeds and any interest which has accrued on such proceeds received under Subsection (A)(1) 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 Chapter 6. If the City has proceeded under the provisions of Chapter 6, all monies in excess of that necessary to comply with the provisions of this Section for the removal of the building or structure, less salvage value, shall be paid to the insured.
3.
The City may certify that, in lieu of payment of all or part of the
covered claim payment under this Section, it has obtained satisfactory
proof that the insured has or will remove debris and repair, rebuild
or otherwise make the premises safe and secure. In this event, the
City shall issue a certificate within thirty (30) days after receipt
of proof to permit covered claim payment to the insured without deduction.
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.
4.
No provisions of this Section shall be construed to make the City
a party to any insurance contract.
