[Ord. No. 7.40 (Bill No. 2760), 12-19-2019[1]; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022[2]]
Pursuant to Section 67.400, et seq., of the Revised Missouri Statutes, the City is authorized to enact orders or ordinances to provide for vacation and the mandatory demolition of buildings and structures or mandatory repair and maintenance of buildings or structures within the corporate limits of the City which are detrimental to the health, safety or welfare of the residents and declared to be a public nuisance. This Article IV has been adopted pursuant to that authority and in full compliance with all requirements of Section 67.410, RSMo., as amended.
[1]
Editor's Note: Ord. No. 7.40 repealed former Chapter 515, Dangerous Buildings, containing Sections 515.010 through 515.130. Subsequently Ord. No. 14.541 renumbered former Chapter 515, Dangerous Buildings, as Chapter 510, Dangerous Buildings Or Structures. As to Building Code regulations, see Chapter 500.
[2]
Editor's Note: Ord. No. 14.559 renumbered former Chapter 510, Dangerous Buildings Or Structures, as Chapter 220, Article IV, Sections 220.510 through 220.660.
[Ord. No. 7.40 (Bill No. 2760), 12-19-2019; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A. 
The term "dangerous building or structure," as used in this Chapter, is hereby defined to mean and include:
1. 
Any building, shed, fence or other man-made structure which is dangerous to the public health because of its condition, and which may cause or aid in the spread of disease, or injury to the health of the occupants of it or neighboring structures.
2. 
Any building, shed, fence or other man-made structure which, because of faulty construction, lack of proper repair or any other cause, is especially liable to fire and constitutes or creates a fire hazard.
3. 
Any building, shed, fence or other man-made structure which, by reason of faulty construction or any other cause, is liable to cause injury or damage by collapsing or by a collapse or fall of any part of such structure.
4. 
Any building, shed, fence or other man-made structure which, because of its condition or because of lack of doors or windows, is available to and frequented by malefactors or disorderly persons who are not lawful occupants of such structure.
5. 
Any structure found to be constructed contrary to the requirements of the Building Codes, as adopted by the City, or are found to be unsafe or unfit for human occupancy as provided in the International Property Maintenance Code currently adopted by the City.
6. 
Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity of any such wall or vertical structural members falls outside of the middle third of its base.
7. 
Those which, exclusive of the foundation, show thirty-three percent (33%) or more of 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.
8. 
Those which have improperly distributed loads upon the floors, roofs, or other horizontal structural members, or in which the same are overloaded, or which have insufficient strength or deflections to be reasonably safe for the purpose used or intended to be used.
9. 
Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, or the general health and welfare of the occupants or the people of the City.
10. 
Those which are uninhabited and are open at door, window, wall or roof.
11. 
Those under construction upon which no substantial work shall have been performed for ninety (90) days immediately next to the time that a notice shall issue under Section 220.570 for the completion or demolition thereof.
12. 
Those in the process of demolition upon which no substantial work shall have been performed for a period of fourteen (14) days immediately following the time a notice shall issue to complete the demolition thereof under Section 220.570.
13. 
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 if in any way threatening the health of the occupants thereof or the health of persons in the vicinity thereof.
14. 
Those having inadequate facilities for egress in case of fire or panic.
15. 
Those which 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.
16. 
Those having cisterns, wells, shafts, basements, excavations, or other physical conditions that constitute an attractive nuisance.
[1]
Cross Reference — As to rules of construction and definitions generally, §100.030.
[Ord. No. 7.40 (Bill No. 2760), 12-19-2019; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A. 
The Building Commissioner shall:
1. 
Supervise all inspections required by this Article and shall cause the Building Inspector to make inspections and perform all the duties required by this Article.
2. 
Be authorized to engage the services of the fire, police, or any other public department or agency, or any expert approved by the community development director and city administrator, to help discharge the commissioner's duties and to otherwise promote the purposes of this Article and the health, safety, or welfare of the occupants of a public nuisance site or of the general public.
3. 
Conduct any duty otherwise assigned to the Building Inspector.
4. 
Issue such determinations, notices, and orders, and take all other actions, necessary to affect the purposes of this Article.
B. 
The Building Inspector shall:
1. 
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 Article.
2. 
Inspect any building, wall or structure reported by the Police Department or Fire District as probably existing in violation of the terms of this Article.
3. 
Determine: (i) whether a building or structure is a public nuisance, (ii) what corrective measures, if any, are needed to abate the nuisance, and (iii) whether any occupants of a site should be vacated
4. 
Report receipt of such complaints and the results of investigation and inspection to the Building Commissioner.
5. 
Provide notice pursuant to Section 220.570 to the owner, lessee, mortgagee, agent and all other persons having an interest in said building of any building found by the Building Inspector to be a dangerous building, within the standards set out in Section 220.520, that:
a. 
The owner must remove or repair or demolish said building in accordance with the terms of the notice and this Article;
b. 
The said building may not be occupied until it shall be repaired in accordance with this Article;
c. 
The persons having an interest in said building may, at such persons' own risk, repair, remove or demolish said building or have such work or act done; provided that any person notified under this Subsection to repair, remove or demolish any building shall be given such reasonable time, not exceeding thirty (30) days, as may be necessary to do or have done the work or act required by the notice provided for herein.
6. 
Set out, in the notice provided for in Subsection (A)(5) 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 Article within such length of time, not exceeding thirty (30) days, as is reasonable.
7. 
Report to the Building Commissioner any noncompliance with the notice provided for in Subsection (A)(5) and (6) hereof.
8. 
Appear at all hearings conducted by the Building Commissioner or designated officer or officers and testify as to the condition of dangerous buildings.
9. 
Place a notice on all dangerous buildings as set forth in the International Property Maintenance Code, as adopted.
[Ord. No. 7.40 (Bill No. 2760), 12-19-2019; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
Any dangerous building, as defined in Section 220.520 of this Article, is declared to be a nuisance.
[Ord. No. 7.40 (Bill No. 2760), 12-19-2019; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
It shall be unlawful to maintain or permit the existence of any dangerous building in the City; and it shall be unlawful for the owner, occupant or person in custody of any dangerous building to permit the same to remain in a dangerous condition, or to occupy such building or permit it to be occupied while it is or remains in a dangerous condition.
[Ord. No. 7.40 (Bill No. 2760), 12-19-2019; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A. 
The following standards shall be followed in substance by the Building Commissioner or designated officer or officers in ordering repair, vacation or demolition:
1. 
If the dangerous building or structure can reasonably be repaired or maintained so that it will no longer exist in violation of the terms of this Article, it shall be ordered so repaired or maintained.
2. 
If the dangerous building or structure is in such condition as to make it dangerous to the health, safety, or welfare of its occupants, it shall be ordered to be vacated pending abatement of the nuisance.
3. 
If the dangerous building or structure cannot be reasonably repaired or maintained so that it will no longer exist in violation of the terms of this Article, the building or structure shall be ordered demolished.
4. 
In any case where the conditions constituting the public nuisance are such that the costs to repair or maintain the building or structure so that it will no longer constitute a public nuisance equal or exceed fifty percent (50%) of the value of the building or structure, it shall be ordered demolished.
5. 
Any building or structure constituting a public nuisance because of the conditions described in Section 220.520(A)(11) shall be completed in accordance with lawful plans and specifications, and if it shall not be so completed or demolished by the owner, then the City shall abate the nuisance by demolition.
6. 
Any building or structure found to be a public nuisance because of the conditions described in Section 220.520(A)(12) shall be ordered demolished.
[Ord. No. 7.40 (Bill No. 2760), 12-19-2019; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A. 
Service of notice of a declaration of nuisance shall be made, which notice shall specify that the property is to be vacated, if such be the case, reconditioned or removed, and may provide that such notice be served either by personal service or by certified mail, return receipt requested, but if service cannot be had by either of these modes of service, then service may be had by publication. 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 of the County wherein the land is located shall be made parties.
B. 
Service of the notice as set out in Subsection (A) of this Section must allow at least fifteen (15) days after the receipt of the notice, or the date of the last publication for the commencement of reconditioning or removal of the nuisance described therein.
[Ord. No. 7.40 (Bill No. 2760), 12-19-2019; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A. 
Upon failure by the person served pursuant to Section 220.570 to commence work of reconditioning or demolition of a dangerous building within the time specified or upon failure to proceed continuously with the work without unnecessary delay, the Building Commissioner or designated officer or officers shall call and have a full and adequate hearing upon the matter, giving the affected parties at least fifteen (15) days' written notice of the hearing. The inspector who issued the notice shall not act as the hearing officer. Any party may be represented by counsel, and all parties shall have an opportunity to be heard. After the hearings, if the evidence supports a finding that the building or structure is a nuisance or detrimental to the health, safety or welfare of the residents of the City, the Building Commissioner or designated officer or officers shall issue an order making specific findings of fact, based upon competent and substantial evidence, which shows the building or structure to be a nuisance and detrimental to the health, safety or welfare of the residents of the City and ordering the building or structure to be demolished and removed or repaired. 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.
B. 
The written notice as provided in Subsection (A) of this Section may be served in the same manner as the written notice set out in Section 220.570(A).
C. 
The hearings provided for in Subsection (A) of this Section shall be heard by the Building Commissioner or designated officer or officers.
[Ord. No. 7.40 (Bill No. 2760), 12-19-2019; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A. 
It is the intent of this Section to promote the health, safety and general welfare of the residents of the community by requiring all improvements to be removed from the property where a demolition has been ordered pursuant to the provisions of this Code. Once the demolition is complete, all debris shall be removed, the property shall be graded to promote proper drainage and all disturbed areas of the property shall be revegetated to prevent soil erosion. Demolition and required revegetation shall be completed within the time allotted for the demolition. Grading and required revegetation of the property shall meet the standards of the storm water and erosion control ordinance of the City.
B. 
In any instance where a property owner can show that the foundation is structurally sound and may be reused for the construction of a replacement structure, such foundation may be temporarily exempted from demolition provided it is properly fenced by the owner to prevent access to the foundation. The owner of the property shall then have six (6) months to submit plans and permit application to the Building Department for the construction of a building that reuses said foundation. In any event that proper plans are not submitted for the construction of a building that utilizes said foundation or if such construction is not completed within the time frame contained in the construction permit, then said foundation is hereby declared to be a nuisance and will be demolished by the City at the expense of the owner.
[Ord. No. 7.40 (Bill No. 2760), 12-19-2019; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A. 
Service of a notice by publication, pursuant to Section 220.570(A), shall be made only after an affidavit has been signed by the person requesting the publication, or some other person for the City, which shall verify that at the time of filing of such affidavit the person to whom the publication is addressed has absconded or absented himself/herself from his/her usual place or places of abode in this State, or that he/she has departed from the State, and cannot after due diligence be found within this State, or that he/she has concealed himself/herself, so that the ordinary process of law cannot be personally served upon him/her and the affidavit shall state the present known address or addresses of the persons to whom the publication is addressed, if known, or, in lieu thereof, that such address or addresses are unknown. If the address is stated, a copy of such publication shall be mailed by certified mail to the address indicated.
B. 
The notice shall contain information notifying the person to whom it is addressed that a proceeding has been commenced and stating briefly the object and general nature thereof, and describing the property, if any, to be affected.
C. 
The notice shall also contain the name and address of the City, the names of the parties or office involved and shall state that unless the persons to whom the publication is addressed respond, or otherwise appear and defend against the subject matter of the publication within fifteen (15) days after the date of the first (1st) publication, proceedings by default will be rendered against them.
D. 
Such notice shall be published at least once each week for two (2) consecutive weeks in some newspaper as would qualify for public advertisement under Section 493.050, RSMo., as amended.
[Ord. No. 7.40 (Bill No. 2760), 12-19-2019; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A. 
If the Building Commissioner or designated officer or officers issues an order whereby a dangerous building or structure is demolished or repaired, the cost of performance shall be certified to the City Clerk who shall cause a special tax bill therefor against the property to be prepared and collected by the City Collector or other official collecting taxes. At the request of the taxpayer the tax bill may be paid in installments over a period of not more than one (1) year. The tax bill from date of its issuance shall be a lien on the property until paid.
B. 
In addition to being a lien against the lot, tract, or parcel, the special tax bill shall be deemed a personal debt of the property owner and may be collected by suit brought in a court of competent jurisdiction.
[Ord. No. 7.40 (Bill No. 2760), 12-19-2019; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A. 
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 following procedure is established for the payment of up to twenty-five percent (25%) of the insurance proceeds as set forth in this Subsection. This Subsection shall apply only to a covered claim payment that is in excess of fifty percent (50%) of the face value of the policy covering a building or other structure:
1. 
The insurer shall withhold from the covered claim payment up to 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 Article.
2. 
The City shall release the proceeds and any interest that has accrued on such proceeds received under Subdivision (1) of this Subsection 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 Subdivision (5) of Subsection (1) of Section 67.410, RSMo. If the City has proceeded under the provisions of Subdivision (5) of Subsection (1) of Section 67.410, RSMo., all monies in excess of that necessary to comply with the provisions of Subdivision (5) of Subsection (1) of Section 67.410, RSMo., for the removal, securing, repair and clean-up of the building or structure and the lot on which it is located, less salvage value, shall be paid to the insured.
B. 
If there are no proceeds of any insurance policy as set forth in Subsection (A) of this Section, at the request of the taxpayer the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from the date of its issuance shall be a lien on the property and a personal debt against the property owner(s) until paid.
C. 
This Section shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.
D. 
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.
E. 
The City may certify that in lieu of payment of all or part of the covered claim payment under Subsection (A) that it has obtained satisfactory proof that the insured has removed or will remove the 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 the deduction pursuant to Subsection (A) of this Section. It shall be the obligation of the insured or other person making the claim to provide the insurance company with the written certificate provided for in this Subsection.
[Ord. No. 7.40 (Bill No. 2760), 12-19-2019; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
Appeal by the interested parties described in this Article from the determination of the Building Commissioner or designated officer or officers to the Circuit Court may be taken as provided in Chapter 536, RSMo.
[Ord. No. 7.40 (Bill No. 2760), 12-19-2019; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
In cases where it reasonably appears there is an immediate danger to the health, safety or welfare of any person, the Building Commissioner or designated officer or officers may take emergency measures to vacate and repair or demolish a dangerous building or structure.
[Ord. No. 7.40 (Bill No. 2760), 12-19-2019; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A. 
Before any structure or building that has been designated by the Historical Preservation Commission as a landmark or is located within a historic district or is listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places is ordered demolished a certificate of appropriateness shall be obtained from the HPC. This includes any building or structure that is destroyed by any means, including flood, even if the reconstruction cost is more than fifty percent (50%) of the pre-damaged value of the building or structure.
B. 
Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination provided the proposed activity will not preclude the structure's continued historic designation.
[Ord. No. 7.40 (Bill No. 2760), 12-19-2019; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
Pursuant to Section 67.410, RSMo., the City may prescribe and enforce and collect fines and penalties for a breach of this Article and to punish the violation of such ordinance by a fine or imprisonment, or by both fine and imprisonment. Such fine may not exceed one thousand dollars ($1,000.00), unless the owner of the property is not also a resident of the property, then such fine may not exceed two thousand dollars ($2,000.00).