City of Hollister, MO
Taney County
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Table of Contents
Table of Contents

Section 505.010 Purpose and Scope.

[Ord. No. 456 §1, 5-7-1992; Ord. No. 02-48, 1-2-2003]
It is the purpose of this Chapter to provide just, equitable and practicable methods for the repairing, boarding up, vacation or demolition of buildings or structures that may endanger the life, limb, health, property, safety or welfare of the occupants of such buildings or the general public, and this Chapter shall apply to all dangerous and unsafe buildings, as herein defined, that now are in existence or that may hereafter exist in the City of Hollister, Missouri.

Section 505.020 Dangerous Buildings Defined.

[Ord. No. 456 §2, 5-7-1992]
A. 
All buildings that 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 structures 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 supports member or members, or fifty percent (50%) damage or deterioration of the non-supporting 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 used.
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 the 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 work injury to the health, safety or welfare of these occupying such buildings.
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 adequate mean of evacuation.
8. 
Those that have parts thereof that are so attached that they may fail and injure members of the public or property.
9. 
Those that because of their condition are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of this City.

Section 505.025 Unsafe Buildings and Structures Defined.

[Ord. No. 02-48, 1-2-2003]
A. 
Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or inadequate maintenance shall be deemed an unsafe condition. A vacant structure that is not secured against entry shall be deemed unsafe. "Structure" means any building, dwelling, mobile home, manufactured home, modular home, garage or other structure intended to be used for the shelter or enclosure of persons, animals, plants or personal property of any kind.
B. 
Those which are unoccupied and are open at door, window, wall or roof. As used herein, an "unoccupied" building in one that is not being continuously and lawfully inhabited for residential or any non-residential purpose. As used herein, an unoccupied building is "open" at door, window, wall or roof when, because of removal, breakage, deterioration, destruction or disrepair of original or replacement materials, the interior has become exposed to the elements or has become accessible for entry by animals, trespassers or others acting without the building owner's consent.
C. 
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 or in any way threatening the health of the occupants thereof or the health of persons in the vicinity thereof.

Section 505.030 Dangerous and Unsafe Buildings Declared Nuisance.

[Ord. No. 456 §3, 5-7-1992: Ord. No. 02-48, 1-2-2003]
All dangerous and unsafe buildings, as defined by Section 505.020, are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided herein.

Section 505.040 Standards for Repair, Vacation or Demolition for Dangerous or Unsafe Buildings.

[Ord. No. 456 §4, 5-7-1992; Ord. No. 02-48, 1-2-2003]
A. 
The Building Inspector and Building Commissioner in ordering repair, vacation or demolition of any dangerous or unsafe building shall follow the following standards in substance. A City building permit is required for repair work to be done. A City demolition permit is required before the demolition of any structure.
1. 
If the dangerous building reasonably can be repaired so that it no longer will 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 all cases where a building cannot be repaired so that it no longer will exist in violation of the terms of this Chapter, 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 Chapter or any ordinance of the City of Hollister or Statute of the State of Missouri, it shall be repaired or demolished.

Section 505.045 "Boarded Building Permit" Required for Certain Unsafe Buildings.

[Ord. No. 02-48, 1-2-2003]
A. 
It shall be unlawful for the owner of any unoccupied building to board or to keep boarded such building at door, window, wall or roof except with a valid boarded building permit issued by the Hollister Building Department. In the case of any building that has been boarded prior to the effective date of this Section, a boarded building permit must be obtained by the owner within one hundred eighty (180) days after the effective date of this Section.
B. 
A boarded building permit shall be issued for the purpose of authorizing a building owner to board up their building. To qualify for a boarded building permit, a building must be free from accumulated trash and debris or other fire hazard, be structurally sound and safe for entry by emergency personnel. This permit shall not be issued until a City Inspector to confirm compliance with all applicable provisions of this code and Hollister City Code performs an inspection. The permit applicant must complete boarding the structure within seven (7) days after a permit is issued. A boarded building permit shall be valid for no more than one hundred eighty (180) calendar days from the date of issuance at which time the building owner must obtain a new permit. The fee for a boarded building permit shall be two hundred dollars ($200.00). That fee may be adjusted annually if necessary to reflect the cost of the City's program to board up buildings under this code. If the building is without a valid boarding permit for more than seven (7) calendar days, the structure shall be declared a public nuisance per City Code. A boarded building permit may be renewed no more than one (1) time (that covers a period of one (1) year). The structure must be demolished if the structure is not permitted for repair and fit for occupancy after one (1) year.
C. 
The manner of boarding shall prevent building entry by trespassers or animals and prevent exposure of the interior to the elements.

Section 505.046 Standards for "Boarded" Unsafe Buildings.

[Ord. No. 02-48, 1-2-2003]
A. 
A boarded building shall be deemed to adequately prevent entry by trespassers and animals, exposure to the elements, to be free from increased hazard from fire, structurally sound and safe for entry by emergency personnel if:
1. 
Building openings are weather-tight and secured. All openings, including missing or broken doors and windows, shall be covered with one-half (½) inch CDX plywood, weather protected, tightly fitted to the opening and secured by screws or bolts. The coverings shall be cut and aligned to match the shape of the opening.
2. 
The roof facia and flashings are sound, tight and will not admit moisture and will prevent dampness or deterioration in the walls or interior of the building.
3. 
The building's storm drainage system is adequately sized, installed in an approved manner, functional and discharged in an approved manner.
4. 
The building is maintained free from debris, rubbish, garbage and unsanitary conditions.
5. 
Chimneys, cooling towers, smokestacks and similar appurtenances are structurally safe.
6. 
Accessory and appurtenant buildings such as garages, sheds and fences are free from debris, rubbish, garbage and safety, health and fire hazards.
7. 
All sanitary sewer connections have been terminated in an approved manner which prevents toxic fumes or gases from entering the building.
8. 
All interior water pipes have been drained at the lowest point and the water service has been terminated by the utility service provider.
9. 
Electric and fuel gas utility services have been terminated by the utility service providers.
10. 
Well or cisterns have been abandoned in accordance with the rules and regulations established by the Taney County Health Department and/or the Missouri Department of Natural Resources, the most restrictive to apply.
11. 
The premises upon which the building is located are free from any public nuisances under Article I, Chapter 220 of the Hollister City Code.
12. 
The building does not have any of those conditions which would cause it to be a public nuisance under Section 505.030 of Hollister City Code.

Section 505.050 Building Inspector.

[Ord. No. 456 §5, 5-7-1992; Ord. No. 02-48, 1-2-2003]
The Building Inspector shall be the Hollister Building Inspector or Code Official as appointed under the Building Code.

Section 505.060 Duties of Building Inspector — Procedure and Notice.

[Ord. No. 456 §6, 5-7-1992; Ord. No. 02-48, 1-2-2003]
A. 
The Building Inspector shall have the duty under this Chapter to:
1. 
Inspect, or cause to be inspected, as often as may be necessary, all residential, institutional, assembly, commercial, industrial, garage, special or miscellaneous occupancy buildings for the purpose of determining whether any conditions exist that render such place a dangerous building when he/she has reasonable grounds to believe that any such building is dangerous.
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 exist in violation of this Chapter and the Building Inspector determines that there are reasonable grounds to believe that such building is dangerous.
3. 
Inspect any building, wall, or structure reported by the Fire or Police Departments of this City as probably existing in violation 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 service may be had by publication in a newspaper qualified to publish legal notices for two (2) successive weeks, the owner, occupant, lessee, mortgage, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of Taney County, of any building found by him/her to be a dangerous building and public nuisance within the standards set forth in Section 505.020. The notice required shall state 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 of lessee must vacate said building or 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 Taney County the land is located, may, at his/her own risk, repair, vacate or demolish or have such work done, provided that any person notified under this Subsection to repair, vacate or demolish any building, shall be given such reasonable time not exceeding thirty (30) days to commence the required work.
5. 
The notice provided for in this Section shall state a description of the building or structure deemed dangerous, a statement of the particulars that make the building or structure a dangerous building and public nuisance and an order requiring the designated work to be commenced within the time provided for in the above Subsection.
6. 
Report in writing to the City Building Commissioner the noncompliance with any notice to vacate, repair, or demolish or upon the failure to proceed continuously with the work without unnecessary delay.
7. 
Appear at all hearings conducted by the Building Commissioner and testify as to the condition of dangerous building.
8. 
Immediately report to the Building Commissioner concerning any building found by him/her to be inherently dangerous and that he/she determined to be a nuisance per se. The Building Commissioner may direct that such building be marked or posted with a written notice reading substantially as follows:
"This building has been found to be a dangerous building and public nuisance by the Building Inspection. This notice is to remain on this building until it is repaired, vacated, or demolished in accordance with the notice that 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 Taney County. It is unlawful to remove this notice until such notice is complied with."
Provided however, that the order by the Building Commissioner and the posting of said notice, shall not be construed to deprive all persons entitled thereto by this Chapter of the notice and hearing prescribed herein.

Section 505.070 Building Commissioner.

[Ord. No. 456 §7, 5-7-1992; Ord. No. 95-25 §505.070, 6-1-1995]
The Mayor, City Administrator, Planning and Zoning Commission member or an Alderman, shall act as Building Commissioner under this Chapter.

Section 505.080 Duties of the Building Commissioner.

[Ord. No. 456 §8, 5-7-1992; Ord. No. 02-48, 1-2-2003]
A. 
The Building Commissioner shall have the power, pursuant to this Chapter, to:
1. 
Supervise all inspections required by this Chapter, and cause the Building Inspector to make inspections and perform all the duties required of him/her by this Chapter. Upon receiving a complaint or report from any source, that a dangerous building exists in the City, the Building Commissioner shall cause an inspection to be made forthwith. The Building Commissioner is also authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the Mayor and Board of Aldermen. If the Building Commissioner deems it necessary to the performance of his/her duties and responsibilities imposed herein, the Building Commissioner may request another inspection and report from the City Building Inspector.
2. 
Hearing — Notice to be given.
a. 
Upon receipt of a report from the Building Inspector indicating failure by the owner, lessee, occupant, mortgagee, agent or other person(s) having interest in said building to commence work of reconditioning or demolition within the time specified by this Chapter or upon failure to proceed continuously with work without unnecessary delay, the Building Commissioner shall hold a hearing giving the affected parties full and adequate hearing on the matter.
b. 
Written notice, either by personal service or by certified mail, return receipt requested, or by publication for two (2) successive weeks, in a newspaper qualified to publish legal notices, at least twenty-one (21) days in advance of a hearing date, 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 Taney County to appear before the Building Commissioner on the date specified in the notice to show cause why the building or structure reported to be a dangerous building and public nuisance should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Building Inspector's notice as provided herein.
c. 
Counsel may represent any party and all parties shall have an opportunity to be heard.
3. 
Make written findings of fact from the evidence offered at said hearing as to whether or not the building in question is a dangerous building and a public nuisance and detrimental to the health, safety or welfare of the residents of the City within the terms of Section 505.020.
4. 
If the evidence supports a finding based upon competent and substantial evidence that the building or structure is a dangerous building and public nuisance and detrimental to the health, safety or welfare of the residents of the City, the Building Commissioner shall issue an order based upon its finding of fact commanding the owner, occupant, mortgagee, lessee, agent or other person(s) having an interest in said building as shown by the land records of Taney County to repair, vacate, or demolish any building found to be a dangerous building and public nuisance, 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 Taney County, 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. If the evidence does not support a finding that a building or structure is a dangerous building and public nuisance, no order shall be issued.
5. 
If the owner, occupant, mortgagee, or lessee fails to comply with the order within thirty (30) days, the Building Commissioner shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant; and the Building Commissioner shall certify the cost of the work (approved by the Board of Aldermen) borne by the City for such repair, vacation, or demolition to the City Clerk as special assessment represented by a special tax bill against the real property affected; said tax bill shall be a lien upon said property and shall be deemed a personal debt against the property owner(s). Except as provided in Subsection (6) of this Section, at the request of the taxpayer this special tax may be paid in installments over a period of not more than ten (10) years; said assessment shall bear interest at the rate of ten percent (10%) per annum until paid.
6. 
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 as provided in Subsection (5) of this Section, 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, the following procedure is established for the payment of up to ten percent (10%) of the insurance proceeds, as set forth in subdivisions (a) and (b) of 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:
a. 
The insurer shall withhold from the covered claim payment up to ten percent (10%) of the covered claim payment, and shall pay such moneys to 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 that has accrued on such proceeds received under Subdivision (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 moneys, 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 moneys 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.
7. 
If there are no proceeds of any insurance policy as set forth in Subsection (6) 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 and a personal debt against the property owner(s) until paid.
8. 
Subsection (6) of this Section shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.
9. 
Subsection (6) 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.
10. 
The Building Commissioner may certify in lieu of payment of all or part of the covered claim under Subsection (6) 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 Building Commissioner 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 (6) 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 from this Subsection.
11. 
The Code Official, Officer, or employee charged with the enforcement of this Code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of any act required or permitted in the discharge of official duties. Any suit instituted against an Officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Code shall be defended by the legal representative of the jurisdiction until the final determination of the proceedings. The Code Official or any subordinate shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of this Code; and any officer of the Department of Building Inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.

Section 505.090 Appeal.

[Ord. No. 456 §9, 5-7-1992]
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 Taney County, may, within thirty (30) days from the receipt of the order of the Building Commissioner, appeal such decision to the Circuit Court of Taney County, pursuant to the procedure established in Chapter 536 of the Revised Statutes of Missouri.

Section 505.100 Emergencies.

[Ord. No. 456 §10, 5-7-1992]
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, or demolished, the Building Inspector shall report such facts to the Building Commissioner and the Building Commissioner may cause the immediate repair, vacation, or demolition of such dangerous building. The costs (approved by Board of Aldermen) of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in Section 505.080(5).

Section 505.110 Violations — Disregarding Notices or Orders.

[Ord. No. 456 §11, 5-7-1992]
A. 
The owner, occupant or lessee in possession of any dangerous building who shall fail to comply with the order to repair, vacate or demolish said building given by the Building Commissioner shall be guilty of a misdemeanor and upon conviction shall be punishable as set forth in Section 505.120.
B. 
Any person removing any notices provided for in this Chapter shall be guilty of a misdemeanor and upon conviction shall be punished in accordance with Section 505.120.

Section 505.120 Penalties.

[Ord. No. 456 §12, 5-7-1992]
Any person violating the provisions of this Chapter is guilty of a misdemeanor and upon conviction thereof, shall be fined not more than five hundred dollars ($500.00). Each day that a person fails to comply with an order of the Building Commissioner may be deemed a separate offense.