City of Camdenton, MO
Camden County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

Section 515.010 Dangerous Buildings Defined.

[CC 1984 §41.010]
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 or 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 become 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 this City.
5. 
Those which have become or 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 living therein.
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 communication.
8. 
Those which have parts thereof which are so attached that they may fall and injure property or members of the public.
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 515.020 Standards for Repair, Vacation or Demolition.

[CC 1984 §41.020]
A. 
The following standards shall be followed 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.
3. 
In any case where a "dangerous building" is fifty percent (50%) damaged or decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this Chapter it shall be demolished. In all cases where a "dangerous building" is a fire hazard existing or erected in violation of any provision of this Code or other ordinance of the City or Statute of the State it shall be repaired or demolished.

Section 515.030 Dangerous Buildings Are Nuisances.

[CC 1984 §41.030]
All "dangerous buildings" within the terms of Section 515.010 of this Chapter are hereby declared to be public nuisances, and shall be repaired, vacated, or demolished as hereinbefore and hereinafter provided.

Section 515.040 Building Inspectors.

[CC 1984 §41.040]
All City Police Officers, and all other City employees so designated by the City Administrator shall be "Building Inspectors" within the meaning of this Chapter.

Section 515.050 Building Inspectors — Duties.

[CC 1984 §41.050]
A. 
The Building Inspectors shall:
1. 
Inspect or cause to be inspected semi-annually, all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial, manufacturing, or loft buildings, and all dwellings, for the purpose of determining whether any conditions exist which render such places to be a "dangerous building" within the terms of Section 515.010 of this Chapter.
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 Chapter.
4. 
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 by publication in a newspaper qualified to publish legal notices, for two (2) successive weeks, 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 the County, of any building found by him/her to be a "dangerous building" within the standards set forth in Section 515.010 of this Code, 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 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 person having an interest in said building as shown by the land records of the Recorder of Deeds of the County may at his/her own risk repair, vacate, or demolish said building or have such work or act done;
Provided, that any person notified under this Subsection (4) to repair, vacate, or demolish any building shall be given such reasonable time, not exceeding ninety (90) days, as may be necessary to do, or have done, the work or act required by the notice provided for herein.
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 condition as to comply with the terms of this Chapter within such length of time, not exceeding ninety (90) days, as is reasonable.
6. 
Report in writing to the City Administrator any non-compliance with the notice provided for in Subsection (4) and (5) hereof.
7. 
Appear at all hearings conducted under this Chapter.
8. 
Place a notice on all "dangerous buildings" 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 until it is repaired, vacated, or demolished 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 the County. It is unlawful to remove this notice until such notice is complied with."

Section 515.060 Building Commissioner.

[CC 1984 §41.060]
The City Administrator shall act as Building Commissioner under this Chapter.

Section 515.070 Building Commissioner — Duties.

[CC 1984 §41.070; RSMo. §67.410(4-9)]
A. 
The City Administrator (Building Commissioner) shall:
1. 
Upon receipt of a report of a Building Inspector as provided for Section 515.050(6), give 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 the County to appear before him/her on the date specified in the notice to show cause why the building or structure reported to be a "dangerous building" should not be repaired, vacated, or demolished in accordance with the statement of particulars set forth in the Building Inspectors notice provided for herein in Section 515.050(4).
2. 
Hold a hearing and hear such testimony as 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 County shall offer relative to the "dangerous building." Any party may be represented by Counsel, and all parties shall have an opportunity to be heard.
3. 
Make written findings of fact from the testimony offered pursuant to Subsection (2) as to whether or not the building in question is a "dangerous building" within the terms of Section 515.010.
4. 
Issue an order based upon findings of fact made pursuant to Subsection (3) commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the County, to repair, vacate, or demolish any building found to be a "dangerous building" within the terms of this Chapter and provided that any person so notified shall have the privilege of either vacating or repairing said "dangerous building"; or any person not the owner of said "dangerous building" but having an interest in said building as shown by the land records of the County may demolish said building at his/her own risk to prevent the acquiring of a lien against the land upon which said "dangerous building" stands by the City, as provided in Subsection (5) hereof.
5. 
If the owner, occupant, mortgagee, or lessee fails to comply with the order provided for in Subsection (4) hereof, within thirty (30) days, the City Administrator (Building Commissioner) shall cause such building or structure to be repaired, vacated, or demolished as the facts may warrant, under the standards hereinbefore provided for in Section 515.020, and shall with the assistance of the City Attorney cause the costs of such repair, vacation, or demolition to be charged against the land on which the building existed as a municipal lien or cause such costs to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands or did stand, or to be recovered in a suit at law against the owner; provided, that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, safety, or general welfare of the people of this City, the City Administrator shall notify the City Attorney to take legal action to force the owner to make all necessary repairs or demolish the building.
6. 
Report to the City Attorney the names of all persons not complying with the order provided for in Subsection (4) hereof.
7. 
Except as provided in Subsection (8) hereof, at the request of the taxpayer, the special tax bill provided for by Subsection (5) may be paid in installments over a period of not more than ten (10) years; said assessment shall bear interest at the rate of eight percent (8%) per annum until paid.
8. 
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, an ordinance may establish a procedure for the payment of up to ten percent (10%) of the insurance proceeds, as set forth in Subparagraphs (a) and (b) of this Subsection. The ordinance shall apply only to a covered claim payment which is in excess of fifty percent (50%) of the face value of the policy covering a building or other structure:
a. 
The insurer shall withhold from the covered claim payment up to ten percent (10%) of the covered claim payment, and shall pay such monies the City to deposit into an interest-bearing account. Any named mortgagee on the insurance policy shall maintain priority over any obligation under the ordinance.
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 under the provisions of Subsection (5) of this Section. If the City has proceeded under the provisions of Subsection (5) of this Section, all monies in excess of that necessary to comply with the provisions of Subsection (5) of this Section for the removal of the building or structure, less salvage value, shall be paid to the insured.
9. 
If there are no proceeds of any insurance policy as set forth in Subsection (8) 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.
10. 
Subsection (8) of this Section shall apply to fire, explosion, or other casualty loss claims arising on all buildings and structures.
11. 
Subsection (8) 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.

Section 515.080 Appeal to Circuit Court.

[CC 1984 §41.080]
Any owner, occupant, lessee, mortgagee, agent or any other person having an interest in a "dangerous building" as shown by the land records of the Recorder of Deeds of the County may, within thirty (30) days from the receipt of the order of the City Administrator (Building Commissioner) provided for by Section 515.070 of this Code, appeal such decision to the Circuit Court of the County wherein the land is located, pursuant to the procedure established in Chapter 536 of the Revised Statutes of Missouri.

Section 515.090 Emergency Cases.

[CC 1984 §41.090]
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a "dangerous building" as defined in Section 515.010 is immediately repaired, vacated, or demolished, the Building Inspector shall report such facts to the City Administrator (Building Commissioner) and the City Administrator (Building Commissioner) shall cause the immediate repair, vacation, or demolition of such "dangerous building". The costs of such emergency repair, vacation or demolition of such building shall be collected in the same manner as provided in Section 515.070(5).

Section 515.100 Owner Absent From the City.

[CC 1984 §41.100]
In cases, except emergency cases, where the owner, occupant, lessee, or mortgagee is absent from the City all notices or orders provided for herein shall be sent by registered mail to the owner, occupant, mortgagee, lessee and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of the County to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the "dangerous building" to which it relates. Such mailing and posting shall be deemed adequate service.

Section 515.110 Liability for Wrongful Action.

[CC 1984 §41.110]
In the event any building or structure is wrongfully demolished by this City, or is demolished without adhering to the procedures provided in this Chapter, the City shall be liable for damages as determined by a court of law in a suit brought by the party so damaged.

Section 515.120 Buildings Damaged by Fire.

[CC 1984 §41.120]
A. 
It shall be unlawful for the owner of any building which has been severely damaged by fire, to fail to clean away any debris at the scene of the fire, within forty-five (45) days of the fire.
B. 
No building shall be considered under the provisions of this Chapter, to be severely damaged, unless the building, or some portion thereof, shall, as a result of the fire damage, be made uninhabitable or unusable for the purpose for which the said building was being used at the time of the fire damage.
C. 
In the event of a violation of this Section, the City, shall have the option of removing the debris from the premises and making a reasonable charge therefor to the owner, or fining the owner up to five hundred dollars ($500.00), or sentencing said owner to the Camden County Jail for a period not to exceed ninety (90) days, or both.
D. 
Each day beyond the forty-five (45) day limit constitutes a separate offense.