City of Byrnes Mill, MO
Jefferson County
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Table of Contents
Table of Contents
Cross Reference — As to cleanup of methamphetamine contamination, §503.010.

Section 505.010 Purpose.

[R.O. 2011 §505.010; Ord. No. 125-89 §I, 7-5-1989]
The purpose of this Chapter is to provide for vacation, repair or demolition of any building, part thereof or any other structure, retaining wall, fence, tower or smokestack within the City of Byrnes Mill, which are detrimental to the health, safety or welfare of its residents and which are declared to be a public nuisance.

Section 505.020 Dangerous Buildings — Defined.

[R.O. 2011 §505.020; Ord. No. 125-89 §I, 7-5-1989]
A. 
All buildings or structures which have any or all of the following defects shall be deemed "dangerous buildings":
1. 
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 falls outside of the middle third of its base.
2. 
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 of 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.
4. 
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 of Byrnes Mill.
5. 
Those which are so dilapidated, decayed, unsafe, unsanitary or which 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 work injury to the health, safety or general welfare of those occupying such building.
6. 
Those having light, air and sanitation facilities which 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 which have parts thereof which are so attached that they may fall and injure members of the public or property.
9. 
Those which because of their condition are unsafe, unsanitary, or dangerous to the health, safety or general welfare of the people of this City.

Section 505.030 Dangerous Buildings — Nuisance.

[R.O. 2011 §505.030; Ord. No. 125-89 §I, 7-5-1989]
All "dangerous buildings" within the terms of this Chapter are hereby declared to be public nuisances, and shall be repaired, reconditioned, vacated and repaired or vacated and demolished as hereinbefore and hereinafter provided.

Section 505.040 Emergencies.

[R.O. 2011 §505.040; Ord. No. 125-89 §I, 7-5-1989]
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 and repaired or vacated and demolished, the Building Inspector shall report such facts to the Building Commissioner and he/she shall 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 herein.

Section 505.050 Standards For Repair, Vacation or Demolition.

[R.O. 2011 §505.050; Ord. No. 125-89 §I, 7-5-1989]
A. 
The following standards shall be followed in substance by the Building Inspector and the Building Commissioner in ordering repair, vacation or demolition:
1. 
If the "dangerous building" can reasonably be repaired so that it will no longer exist in violation of the terms of this Chapter, it shall be ordered repaired.
2. 
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 or demolished.
3. 
In any case where a "dangerous building" is fifty percent (50%) damaged, decayed or deteriorated, it shall be repaired or demolished. In all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this Chapter or any ordinance of this City or Statute of the State of Missouri, it shall be demolished. Permits for demolition shall be secured as required by law.

Section 505.060 Duties of Building Inspectors.

[R.O. 2011 §505.060; Ord. No. 125-89 §I, 7-5-1989]
A. 
The Building Inspectors shall:
1. 
Make a report, in writing, to the Building Commissioner of all buildings or structures which he/she believes are, may be or are suspected to be "dangerous buildings," within the terms of this Section. Such reports are to be made within a reasonable time after the discovery of such buildings or structures.
2. 
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 Chapter.
3. 
Inspect any building, wall or structure reported as probably existing in violation of the terms of this Code.
4. 
Notify in writing the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of Jefferson County where the land is located, of any building found by him/her to be a "dangerous building" within the standards set forth herein that:
a. 
The owner must vacate and repair, recondition, or vacate and demolish said building in accordance with the terms of the notice and this Chapter;
b. 
The occupant or lessee must vacate said building or may have it repaired in accordance with the notice and 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 Jefferson County where the land is located, may at his/her own risk repair, vacate or demolish or have such work or act done; provided that any person notified under this Subsection to repair, recondition, vacate and repair or vacate and demolish any building shall be given thirty (30) days time to do or have done the work or act required by the notice provided herein. Said official shall specify, in writing, an additional notice of the date to which any extension is made. All notices herein shall be served either by personal service or by certified mail, return receipt requested, or service may be had by publication provided that reasonable effort has been made to locate the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of Jefferson County where the land is located. Said notice, if publication is required, shall be placed in a newspaper having a general circulation in the City in two (2) consecutive weekly publications.
5. 
Set forth in the notice provided for in Subsection (4) 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 conditions as to comply with the terms of this Chapter within the time, or extension thereof, provided for above in Subsection (4).
6. 
Report to the Building Commissioner any non-compliance with the notice provided for in Subsections (4) and (5) hereof.
7. 
Appear at all hearings conducted by the Building Commissioner and testify as to the conditions of the "dangerous building".
8. 
If a Building Inspector completes inspection of a building and finds it to be dangerous and, in his/her opinion, constitutes a nuisance per se, upon approval of such finding ex parte, by the Building Commissioner, he/she shall place a notice on such building forthwith, reading as follows:
"This building has been found to be a dangerous building by the Building Inspector. This notice is to remain on this building in accordance with the notice which has been given the owner, occupant, lessee, mortgagee, or agent of this building, and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of Jefferson County where the land is located. It is unlawful to remove this notice until such notice is complied with."
Provided however, the approval of said Building Commissioner and the posting of said notice shall not be construed to deprive all persons entitled thereto by this Chapter to the notice and hearing prescribed herein.

Section 505.070 Duties of Building Commissioner.

[R.O. 2011 §505.070; Ord. No. 125-89 §I, 7-5-1989]
A. 
The Building Commissioner shall:
1. 
Supervise all inspections required by this Chapter and cause the Building Inspectors to make inspections and perform all duties required of them by this Chapter. Upon receiving a complaint or report from any source that a dangerous building exists in this City, he/she shall cause an inspection to be made forthwith. If he/she deems it necessary to the performance of his/her duties and responsibilities imposed herein, he/she may request an inspection and report to be made to him/her by the Fire Department, the Police or Sheriff's Department, the Health Department, or any local entity having authority over each item, or by any other City department, or may retain services of an expert whenever he/she deems such service necessary.
2. 
Upon receipt of a report of a Building Inspector, as provided for in Section 505.060(6) hereof, give at least twenty-one (21) days written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of Jefferson County where the land is located to appear before him/her on the date specified in the notice as to why the building or structure vacated and repaired, or vacated and demolished in accordance with the statement of particulars set forth in the Building Inspector's notice provided for herein. Any party may be represented by counsel and all parties shall have an opportunity to be heard.
3. 
Hold a hearing and hear such testimony of the Building Inspector or the owner, occupant, mortgagee, lessee or any other person having an interest in said building as shown by the land records of the Recorder of Deeds of Jefferson County where the land is located, shall offer testimony relative to the "dangerous building."
4. 
Make written findings of fact from the testimony offered pursuant to Subsection (3) hereinabove as to whether or not the building in question is a "dangerous building".
5. 
Issue an order based upon findings of fact made pursuant to Subsection (4) hereinabove, requiring the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said buildings as shown by the land records of the Recorder of Deeds of Jefferson County where the land is located, to repair, recondition, vacate and repair, or vacate and demolish any building found to be a "dangerous building" within the terms of this Section and provided that any person so notified shall have the privilege of either repairing or vacating and repairing said building, if such repair will comply with the ordinances of this City, or the owner or any person having an interest in said building as shown by the land records of the Recorder of Deeds of Jefferson County where the land is located, may vacate and demolish said "dangerous building" at his/her own risk to prevent the acquiring by the City of a lien against the land where the "dangerous building" stands, as provided in Subsection (6) hereof. If the evidence does not support a finding that the building or structure is a nuisance or detrimental to the health, safety or welfare, no order shall be issued.
6. 
If the owner, occupant, mortgagee or lessee fails to comply with the order, or extension thereof, provided for in Subsection (5) hereof, within thirty (30) days, the Building Commissioner shall cause such building or structure to be repaired, vacated and repaired, or vacated and demolished as the facts may warrant, under the standards hereinbefore provided for, and the Building Commissioner shall certify the charge for such repair, vacation or demolition to the Director of Finance as a special assessment represented by a special tax bill against the real property affected; said tax bill shall be a lien upon said property and be enforced to the same extent and in the same manner as all special tax bills; assessments may be made payable in one (1) installment or, if requested, in installments not to exceed ten (10). Said assessments shall bear interest at the rate of eight percent (8%) per annum until paid. The tax bill shall be a lien on the property from the date of issuance.
7. 
Prosecute all persons failing to comply with the terms of the notices provided for herein in Section 505.060, Subsections (4) and (5) and the order provided for in Section 505.070, Subsection (5) hereof.
8. 
The Building Commissioner may, where it reasonably appears that there is an immediate danger to the health, safety or welfare of any person, and where a reasonable effort will be made to locate the owner, occupant, lessee, mortgagee, or agent having an interest in said building, take emergency measures to vacate and repair or demolish such dangerous building or structure with prior written consent from the Mayor. The said Building Commissioner and Mayor shall forward all copies of the action to the Board of Alderpersons at the Board's next regular meeting subsequent to such action. The reasons for the Building Commissioner's action shall be set forth in detail in such reports.
9. 
As to damage or loss to a building or other structure caused by or arising out of any fire, explosion or other casualty loss, if an order is issued by the Building Commissioner, the Mayor or her designee, and a special tax bill or assessment is issued against the property, it shall be deemed a personal debt against the property owner. 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:
a. 
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 Chapter.
b. 
The City shall release the proceeds and any interest which has accrued on such proceeds received under Subparagraph (a) 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. If the city has proceeded under litigation to collect the tax bill, all monies in excess of that necessary for payment of the tax lien costs and interest for the removal of the building or structure, less salvage value, shall be paid to the insured.
10. 
If there are no proceeds of any insurance policy as set forth in Subsection (9) 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 date of its issuance shall be a lien on the property until paid.
11. 
Subsection (9) of 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.
12. 
Subsection (9) of this Section shall apply to fire, explosion, or other casualty loss claims arising on all buildings and structures.
13. 
The City may certify that in lieu of payment of all or part of the covered claim payment under Subsection (9), 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 pursuant to Subsection (9). 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.

Section 505.080 Violations — Penalty For Disregarding Notice or Orders.

[R.O. 2011 §505.080; Ord. No. 125-89 §I, 7-5-1989]
A. 
Any person having an interest in a "dangerous building" who shall fail to comply with any notice or order to repair, recondition, vacate or demolish said building given by the Building Commissioner shall upon conviction thereof be punishable as set forth herein. This Section shall not apply during the appeal procedure set forth in Section 505.070(2) and Section 505.090 herein.
B. 
The occupant or lessee in possession who fails to comply with any notice to vacate, and anyone having an interest in said building as shown by the land records of the Recorder of Deeds of Jefferson County where the land lies, and under a legal duty to repair who fails to repair said building in accordance with any notice given as provided for in this Chapter, shall upon conviction thereof be punishable as set forth herein.
C. 
Any person removing the notice provided for in Section 505.060(8), shall upon conviction be fined as set forth in Section 100.220 of this Code.

Section 505.090 Appeal.

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 Jefferson County may appeal such decision to the Circuit Court of Jefferson County, as provided for in Sections 536.100 to 536.140, RSMo., if a proper record as defined in Section 536.130, RSMo., is maintained of the hearing provided for in Section 505.070 hereof. Otherwise, the appeal shall be made pursuant to the procedures provided for in Section 536.150, RSMo.

Section 505.100 Unlawful To Enter Building or Structure Ordered Vacated, or To Remove Notice.

[R.O. 2011 §505.100; Ord. No. 125-89 §I, 7-5-1989]
It shall be unlawful for any person to enter any building or structure which has been placarded with a notice setting forth the order of the Building Inspector or the Building Commissioner requiring the building or structure to be vacated, provided that this provision shall not apply during the review and appeal procedure as provided herein and shall not apply to any person employed in securing or demolishing such building or structure. The Police Department may remove any unauthorized person from any such building or structure and may take all steps necessary to prevent any unauthorized person from entering such building or structure.