[Ord. No. 2903 §§1 —
3, 3-7-2005]
A.
Defined. All buildings or structures, including accessory
structures, which are detrimental to the health, safety or welfare
of the residents of the City and that, have any or all of the following
defects shall be deemed "dangerous buildings".
1.
Those
with interior walls or other vertical structural members that list,
lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside the middle third of its base.
2.
Those
that, exclusive of the foundation, show thirty-three percent (33%)
or more damage or deterioration of the supporting members or fifty
percent (50%) damage or deterioration of the non-supporting members
enclosing or outside walls or covering.
3.
Those
that have improperly distributed loads upon the floors or roofs, or
in which the same are overloaded, or that have insufficient strength
to be reasonably safe for the purpose intended.
4.
Those
that have been damaged by fire, wind or other causes so as to become
dangerous to life, safety or the general health and welfare of the
occupants or people of the City.
5.
Those
that are so dilapidated, decayed, unsafe, unsanitary or that so utterly
fail to provide the amenities essential to decent living that they
are unfit for human habitation, or are likely to cause sickness or
disease, so as to cause injury to the health, morals, safety or general
welfare of those living therein.
6.
Those
having light, air and sanitation facilities that are inadequate to
protect the health, safety, or general welfare of human beings who
live or may live therein.
7.
Those
having inadequate facilities for egress in case of fire or panic,
or those having insufficient stairways, elevators, fire escapes or
other means of evacuation.
8.
Those
that have parts thereof which are so attached that they may fall and
injure members of the public or property.
9.
Those
that because of their condition is unsafe, unsanitary, or dangerous
to the health, safety or general welfare of the people of this City.
10.
Those
buildings existing in violation of any provision of the Building Code
of this City, or any provision of the International Fire Code, National
Electric Code or any other ordinance of this City.
[Ord. No. 3238 §1, 8-5-2013]
C.
Standards For Repair, Vacation Or Demolition. The following
standards shall be followed in substance by the Director of Community
Development or his/her designee in ordering repair, vacation, or demolition
of any dangerous building.
[Ord. No. 3238 §2, 8-5-2013]
1.
If the
dangerous building reasonably can be repaired so that it no longer
will exist in violation of the terms of this Section, it shall be
repaired.
2.
If the
dangerous building is in 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.
3.
In all
cases where a building cannot be repaired so that it no longer will
exist in violation of the terms of this Section, it shall be demolished.
4.
In all
cases where a dangerous building is a fire hazard, existing or erected
in violation of the terms of this Section or any Section of the Code
of Ordinances or Statute of the State of Missouri, it shall be repaired
or demolished.
[CC 1977 §8-32; Ord. No. 1008 §111.1, 4-4-1973]
In addition to any other penalties provided for herein, if any party ordered to correct a situation which constitutes a nuisance fails to do so within a reasonable time or fails to proceed continuously without unnecessary delay, he/she will be subject to a fine as provided in Section 100.200 of this Code. Each seven (7) day period thereafter shall constitute a new and separate cause of action.
[CC 1977 §8-32.1; Ord. No. 2591 §1, 6-7-1999]
A.
If there are proceeds to 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 and such covered claim payment is in excess of fifty percent (50%) of face value of the policy, then the insurer on such building or structure shall pay twenty-five percent (25%) of the insurance claim proceeds to the City Treasurer and such proceeds shall be deposited into an interest-bearing account. Any named mortgagee on the insurance policy shall maintain priority over any obligation under this Article. If a special tax bill or assessment is issued by the City for the expenses of demolition of such building as a dangerous building pursuant to Sections 510.010 through 510.100 of this Chapter, such expenses shall be paid from applicable insurance proceeds held by the City Treasurer; and if there is any excess, such shall be paid by the City Treasurer to the insured or as the terms of the policy, including any endorsements thereto, provide.
1.
Procedure.
a.
The City shall release the proceeds and any interest which has accrued on such proceeds 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 Section 510.060 or by taking emergency measures as provided for in Section 510.100(B).
b.
When
the City takes bids from independent contractors for demolition of
a building, bidders shall deduct any salvage value materials the building
or structure may have from the cost of demolition in arriving at their
bid amount. Should City employees do the demolition, the actual cash
value of salvaged materials shall be deducted from the special tax
bill for such demolition. In no case will the net cost of the demolition
be increased in order to affect salvage of materials.
c.
If
such building or structure is repaired or demolished pursuant to this
Chapter as attested by the Community Development Department without
cost to the City, then any insurance proceeds paid to the City Treasurer
and any interest thereon shall be paid to the insured or as the terms
of the policy, including any endorsements thereto, provide.
[Ord. No. 3238 §3, 8-5-2013]
d.
Upon
presentation of satisfactory proof that the insured has removed debris
and repaired, rebuilt or otherwise made the insured premises safe
and secure, the City Community Development Department shall issue
a certificate within thirty (30) days after receipt of such satisfactory
proof to permit the insurance proceeds and any interest that has accrued
on such proceeds received to be released to the insured or as the
terms of the policy, including any endorsements thereto, provide without
deduction. It shall be the obligation of the insured or other person
making claim to the proceeds to provide the insurance company with
such certificate.
[Ord. No. 3238 §4, 8-5-2013]
2.
Effect on insurance polices. This Article shall 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.
[CC 1977 §8-33; Ord. No. 1008 §110.1, 4-4-1973]
The City Administrator shall appoint or designate competent
inspectors to investigate works, conditions of safety, sanitation,
fire hazards and any and all manner of public or private dangers to
the welfare and health of the citizens. The inspector is hereby empowered
to order compliance with this Code and other laws and ordinances,
serve notice that permits must be obtained, have the right to enter
any building or premises at all reasonable hours upon presentation
of credentials and identification for the purpose of investigation
of alleged violations.
[CC 1977 §8-34; Ord. No. 1008 §110.2, 4-4-1973]
Whenever any work is being done incorrectly in an unsafe or
dangerous manner, the inspector shall order the work stopped by notice
in writing served on any person engaged in doing or causing to be
done such work and any such person shall forthwith stop such work
until authorized to proceed by the inspector.
[CC 1977 §8-35; Ord. No. 1008 §110.3, 4-4-1973]
If the inspector finds that any person is maintaining a nuisance
as herein provided, the inspector shall serve notice in writing upon
the owner or other person having control or use of the premises notifying
same that the property has been declared a nuisance and specifying
that the property is to be vacated, if such be the case, reconditioned
or removed, listing a reasonable time for commencement of said work.
Said notice shall be by either 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 made by publication. Notice
shall be given to the owner, the occupant, the lessee, the 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.
[CC 1977 §8-36; Ord. No. 1008 §110.4, 4-4-1973]
If any person, after having received notice to abate a nuisance
under this Article, fails to commence work of reconditioning or demolition
within a ten (10) day period or upon failure to proceed continuously
with the work without unnecessary delay, the Board of Building and
Engineering shall call and have a full and adequate hearing upon the
matter giving the affected parties at least ten (10) days' written
notice of the hearing. Any party may be represented by counsel and
all parties shall have an opportunity to be heard.
[CC 1977 §8-37; Ord. No. 1008 §110.5, 4-4-1973]
After the hearing provided for by this Article, 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 Board of Building and Engineering 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 and 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 and
welfare of the residents of the City, no order shall be issued.
[CC 1977 §8-38; Ord. No. 1008 §111, 4-4-1973]
If no appeal is taken to the County Circuit Court, nor have
the aggrieved parties taken steps to comply with the order of the
City Administrator, then he/she shall issue an order whereby the building
or structure will be demolished or repaired by the City with the cost
of performance to 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. 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 issuance shall be a
lien on the property until paid.
[CC 1977 §8-39; Ord. No. 1008 §111.2, 4-4-1973]
A.
Proceedings
for review of the decision of the Board of Building and Engineering
may be instituted by filing a petition in the County Circuit Court
within thirty (30) days after the mailing or delivery of notice of
the Board of Building And Engineering's final decision. Said appeal
shall be filed in accordance with Chapter 536, RSMo., as amended.
B.
If, in
the determination of the City Administrator or his/her designee, it
reasonably appears that there is immediate danger to the health, safety
or welfare of any person, the City Administrator or his/her designee
may take emergency measures to vacate and repair or demolish the dangerous
building or structure.
