It is the purpose of this ordinance 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
general public, and this ordinance shall apply to all dangerous buildings,
as herein defined, that now are in existence or that may hereafter
exist in the City of Moscow Mills, Missouri.
All dangerous buildings, as defined by §
41.020, are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as provided.
The following standards shall be followed in substance by the
City in ordering repair, vacation or demolition of any dangerous building.
A. If the dangerous building reasonably can be repaired so that it no
longer will exist in violation of the terms of this ordinance, it
shall be ordered repaired.
B. 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.
C. In all cases where a building cannot be repaired so that it no longer
will exist in violation of the terms of this ordinance, it shall be
demolished.
D. In all cases where a dangerous building is a fire hazard existing
or erected in violation of the terms of this ordinance or any ordinance
of the City or statute of the State of Missouri, it shall be repaired
or demolished.
All City police officers and all other City employees so designated
by the Mayor shall be building inspectors within the meaning of this
ordinance.
The building inspector shall have the duty under this ordinance
to:
A. 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 an conditions exist that render such places
a dangerous building when he/she has reasonable grounds to believe
that any such building is dangerous.
B. 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 ordinance, and the building
inspector determines that there are reasonable grounds to believe
that such building is dangerous.
C. Inspect any building, wall or structure reported by the fire or police
departments of this City as probably existing in violation of this
ordinance.
D. Notify in writing, 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 two public places, on the City website, and in the Lincoln County Journal, or legal newspaper, for two successive weeks, to the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the Recorder of Deeds of Lincoln County of any building found by him to be a dangerous building within the standards set forth in §
41.020.
1. The notice required shall state that:
a. The owner must vacate, vacate and repair, or vacate and demolish
said building in accordance with the terms of the notice and this
ordinance;
b. The occupant or lessee must vacate said building or have it repaired
in accordance with the notice to remain in possession;
c. The mortgagee, agent or other persons having an interest in said
building as shown by the land records of the Recorder of Deeds of
Lincoln County may, at his/her own risk, repair, vacate or demolish
or have such work done, provided that any person notified under this
subsection to repair, vacate or demolish any building, shall be given
such reasonable time not exceeding 30 days to commence the required
work.
2. 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
and an order requiring the designated work to be commenced within
the time provided for above;
E. Report in writing to the City building commissioner the noncompliance
with any notice to vacate, repair or demolish or upon the failure
to proceed continuously with the work without unnecessary delay;
F. Appear at all hearings conducted by the building commissioner and
testify as to the condition of dangerous buildings.
G. Immediately report to the building commissioner concerning any building
found by him to be inherently dangerous and that he determined to
be a nuisance per se. 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
until it is repaired, vacated or demolished in accordance with the
notice that has been given the owner, occupant, lessee, mortgagee
or agent of his building, and all other persons having an interest
in said building as shown by the Recorder of Deeds of Lincoln County.
It is unlawful to remove this notice until such notice is complied
with."
Provided, however, that the order by the building commissioner
and the posting of said notice, shall not be construed to deprive
any persons entitled thereto by this ordinance to the notice and hearing
prescribed herein.
The Mayor shall act as Building Commissioner under this ordinance.
Any owner, occupant, lessee, mortgagee, agent or any other person(s)
having an interest in a dangerous building as shown by the Recorder
of Deeds of Lincoln County may, within 30 days from the receipt of
the order of the building commissioner, appeal such decision to the
Circuit Court Lincoln County, pursuant to the procedure established
in Chapter 536 of the Revised Statues of Missouri.
In cases where it reasonably appears that there is immediate danger to the health, life or safety of any person unless a dangerous building, as defined herein, is immediately repaired, vacated or demolished, 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 §
41.080.
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 shall be guilty of an ordinance violation and upon conviction shall be punished as set forth in §
41.120. Any person removing any notices provided for in this ordinance shall be guilty of an ordinance violation and upon conviction shall be punished in accordance with §
41.120.
Any person violating the provisions of this ordinance is guilty
of an ordinance violation, and upon conviction thereof, shall be fined
up to $200 total fine and costs for the first violation in a year,
$275 for the second violation in a year, $350 for the third violation
in a year, and $450 for the fourth and any subsequent violation in
a year. Each day that a person fails to comply with an order of the
building commissioner may be deemed a separate offense.