The provisions contained in this Chapter may be referred to
as the Dangerous and Nuisance Building Code of the City, and may be
cited as such in any proceedings under this Chapter.
The Building Official may request inspections be made by any
Department of the City, appropriate agency or by any person who might
have knowledge and information useful in the determination of whether
a building or structure is a public nuisance or, if so, how it might
be alleviated.
Whenever it has been determined that any building or structure
is a public nuisance under the provisions of this Chapter, the Building
Official shall prepare a written notice and order of abatement and
notify 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 Cass County Recorder of Deeds, that such building
or structure has been found to be a public nuisance under the provisions
of this Chapter.
The written notice shall:
A. Be delivered either by personal service or by certified mail, return
receipt requested. Mail returned by the United States Post Office
marked "refused" shall constitute proof of service. If service cannot
be accomplished by either of these methods, then service may be accomplished
by publication for two (2) consecutive weeks in a newspaper qualified
to publish legal notices for the City;
B. State that the owner, occupant or lessee must vacate, vacate and
repair, repair or vacate and demolish said building and clean up the
lot or property on which the building is located in accordance with
the terms of the written notice and this Chapter.
C. State that the mortgagee, agent or other persons having an interest
in said building as shown by the land records of the Recorder of Deeds
of Cass County may, at their own risk, repair, vacate or demolish
the building and clean up the property or have such work done; and
D. Set forth the description of the conditions found in the building or structure under Section
510.020 of this Chapter.
E. Provide a reasonable time as established by the Building Official
but not to exceed forty-five (45) days to commence work to abate the
nuisance; require the work to proceed continuously without unnecessary
delay; and require the work to be completed by the deadline established
in the written notice.
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 Cass County Recorder of Deeds may, within thirty (30) days
from the receipt of the order of the City Board of Appeals, appeal
such decision to the Circuit Court of Cass County pursuant to the
procedure established in Chapter 536, RSMo.
In all cases where it reasonably appears that there is immediate danger to the health, life or safety of any person, the Building Official shall seek approval from the City Manager or Mayor, to take emergency measures to vacate, repair or demolish a dangerous building or structure which is a public nuisance under the provisions of this Chapter. The Building Official shall immediately report such facts to the City's Board of Appeals and the Board may cause the costs of such emergency repair, vacation or demolition to be collected in the same manner as provided in Sections
510.070 and
510.090 of this Chapter.
The owner, occupant or lessee in possession of any dangerous building who shall fail to comply with the order to repair, vacate or demolish the building or structure given by the Building Official and/or the City's Board of Appeals or who shall fail to proceed continuously without unnecessary delay; and any person removing any written notices provided for in this Chapter; and any person violating any other provisions of this Chapter shall, upon conviction or a plea of guilty, be subject to the penalty provisions provided for in Section
100.220 of the City Code. Each day that a person fails to comply with an order of the City's Board of Appeals may be deemed a separate offense.