City of Bonne Terre, MO
St. Francois County
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Table of Contents
Table of Contents

Section 505.010 Purpose and Scope.

[Ord. No. 2008-15 §1, 3-25-2008]
It is the purpose of this Chapter to provide a just, equitable and practicable method for the repairing, 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 general public and this Chapter shall apply to all dangerous buildings, as herein defined, that now are in existence or that may hereafter exist in the City of Bonne Terre, Missouri.

Section 505.020 Dangerous Buildings Defined.

[Ord. No. 2008-15 §3, 3-25-2008]
A. 
All buildings or structures that are detrimental to the health, safety or welfare of the residents of the City of Bonne Terre, Missouri, and that 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 been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the City of Bonne Terre, Missouri.
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, morals, safety or general welfare of those living therein.
6. 
Those having light, air and sanitation facilities which are inadequate to protect the health, morals, 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, morals, 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 other ordinances of this City.

Section 505.030 Standards for Repair, Vacation or Demolition.

[Ord. No. 2008-15 §4, 3-25-2008]
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, morals, safety or general welfare of its occupants, it shall be ordered to be vacated.
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 the terms of this Chapter or any ordinance of the City or Statute of the State of Missouri, it shall be demolished.

Section 505.040 Dangerous Buildings — Nuisances.

[Ord. No. 2008-15 §5, 3-25-2008]
All "dangerous buildings" within the terms of Section 505.020 of this Chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.

Section 505.050 Building Inspector.

The Building Inspector shall be the Building Inspector within the meaning of this Chapter.

Section 505.060 Duties of Building Inspector.

[Ord. No. 2008-15 §6, 3-25-2008]
A. 
The Building Inspector will make reasonable efforts to:
1. 
Inspect or cause to be inspected semi-annually all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial, manufacturing or loft buildings for the purpose of determining whether any conditions exist which render such place a "dangerous building" within the terms of Section 505.020 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 hereinafter provided for) by the Fire or Police Departments of this City or any other City or municipal employee as probably existing in violation of the terms of this Chapter.
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 the County of St. Francois of any building found by him/her to be a "dangerous building" within the standards set forth in Section 505.020 of this Chapter, that:
a. 
The owner must vacate or repair or 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 the County of St. Francois 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 to repair, vacate 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.
5. 
Set forth in the notice provided for in Subsection (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 Chapter within such length of time, not exceeding thirty (30) days, as is reasonable.
6. 
Report to the Building Commissioner any non-compliance with the "notice" provided for in Subsections (5) and (6) hereof.
7. 
Appear at all hearings conducted by the Building Commissioner and testify as to the condition of "dangerous buildings".
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 of St. Francois. It is unlawful to remove this notice until such notice is complied with."
Provided however, that the order by the Building Inspector 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 Building Commissioner.

The City Administrator shall act as Building Commissioner under this Chapter.

Section 505.080 Duties of Building Commissioner.

[Ord. No. 2008-15 §7, 3-25-2008]
A. 
The Building Commissioner shall:
1. 
Supervise and direct the Building Inspector 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. If the Building Commissioner deems it necessary to the performance of his/her duties and responsibilities imposed herein, the Building Commissioner may request an inspection and report be made by any other City department or retain the services of an expert whenever the Building Commissioner deems such service necessary.
2. 
Upon receipt of a report of the Building Inspector as provided for in Section 505.060, Subsection (6) hereof, give 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 of St. Francois 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 Inspector's notice provided for herein in Section 505.060, Subsection (8).
3. 
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 Recorder of Deeds of the County of St. Francois shall offer relative to the "dangerous building". Any party may be represented by counsel and all parties shall have an opportunity to be heard.
4. 
Make written findings of fact from the testimony offered pursuant to Subsection (3) as to whether or not the building in question is a "dangerous building" within the terms of Section 505.020 hereof.
5. 
If the evidence supports a finding based upon competent and substantial evidence that the building or structure is a dangerous building and public nuisance, the Building Commissioner shall issue an order based upon its findings 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 St. Francois County to repair, vacate or demolish any building found to be a dangerous building and public nuisance and to clean up the property, 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 St. Francois County wherein the land is, may vacate and demolish said dangerous building and public nuisance at his/her own risk to prevent the acquiring by the City of the lien against the land where the dangerous building and public nuisance 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.
6. 
If the owner, occupant, mortgagee or lessee fails to comply with the order provided for in Subsection (5) hereof within thirty (30) days, the 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 505.020 of this Chapter, 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, morals, safety or general welfare of the people of this City, the Building Commissioner shall notify the City Attorney to take legal action to force the owner to make all necessary repairs or demolish the building.
7. 
Report to the City Attorney the names of all persons not complying with the order provided for in this Section 505.080(5) hereof.

Section 505.090 Insurance Proceeds — How Handled.

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 Chapter.
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 Subsection (6) of Section 505.080. If the City has proceeded under the provisions of Subsection (6) of Section 505.080, all monies in excess of that necessary to comply with the provisions of Subsection (6) of Section 505.080 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 Building Commissioner 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 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 (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.

Section 505.100 Appeal.

[Ord. No. 2008-15 §8, 3-25-2008]
Any owner, occupant, lessee, mortgagee, agent or any other person(s) having an interest in a dangerous building and public nuisance as shown by the land records of the Recorder of Deeds of the County wherein the land is located may, within thirty (30) days from the receipt of the order of the Building Commissioner, appeal such decision to the Circuit Court of the County wherein the land is located pursuant to the procedure established in Chapter 536, RSMo.

Section 505.110 Violations — Penalty for Disregarding Notices or Orders.

[Ord. No. 2008-15 §9, 3-25-2008]
A. 
The owner of any "dangerous building" who shall fail to comply with any notice or order to repair, vacate or demolish said building given by any person authorized by this Chapter to give such notice or order shall be guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding five hundred dollars ($500.00) for each offense and a further sum of twenty dollars ($20.00) for each and every day such failure to comply continues beyond the date fixed for compliance.
B. 
The occupant or lessee in possession who fails to comply with any notice to vacate and who fails to repair said building in accordance with any notice given as provided for in this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding five hundred dollars ($500.00) for each offense and a further sum of twenty dollars ($20.00) for each and every day such failure to comply continues beyond the date fixed for compliance.
C. 
Any person removing the notice provided for in Section 505.060, Subsection (8) hereof shall be guilty of a misdemeanor and upon conviction shall be fined not exceeding two hundred dollars ($200.00) for each offense.

Section 505.120 Emergency Cases.

[Ord. No. 2008-15 §11, 3-25-2008]
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 herein is immediately repaired, vacated or demolished, the Building Inspector shall report such facts to the Building Commissioner and the 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 "dangerous building" shall be collected in the same manner as provided in Section 505.110 hereof.

Section 505.130 Where Owner Absent From the City.

[Ord. No. 2008-15 §12, 3-25-2008]
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 St. Francois 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 505.140 Administrative Liability.

[Ord. No. 2008-15 §13, 3-25-2008]
No officer, agent or employee of the City of Bonne Terre shall render himself/herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his/her duties under this Chapter. Any suit brought against any officer, agent or employee of the City of Bonne Terre as a result of any act required or permitted in the discharge of his/her duties under this Chapter shall be defended by the City Attorney until the final determination of the proceedings therein.

Section 505.150 Duties of City Department and Employees.

[Ord. No. 2008-15 §14, 3-25-2008]
The employees of Fire Department, Police Department or other City employee(s) shall make a report in writing to the Building Inspector of all buildings or structures which are, may be or are suspected to be "dangerous buildings" within the terms of this Chapter. Such reports must be delivered to the Building Inspector within twenty-four (24) hours of the discovery of such buildings by any employee of the Fire Department, Police Department or other employee(s).