[R.O. 2009 §505.010; CC 1976 §7-41; Ord. No. 1090 §2, 7-20-1981]
A.
The following
definition shall apply to the provisions of this Chapter: 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 dropped by the center
of the upper portion of the member falls outside the middle third
(1/3) of the member at any point.
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.
5.
Those
which have become or are so dilapidated, decayed, unsafe, insanitary
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 communication.
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, insanitary or dangerous
to the health, morals, safety or general welfare of the residents
of this City.
10.
Those
buildings existing in violation of any provision of this Chapter or
other ordinances of this City.
[R.O. 2009 §505.020; CC 1976 §7-42; Ord. No. 1090 §3, 7-20-1981]
All dangerous buildings are hereby declared to be public nuisances,
and shall be repaired, maintained, vacated or demolished as provided
in this Chapter.
[R.O. 2009 §505.030; CC 1976 §7-43; Ord. No. 1090 §1, 7-20-1981; Ord. No. 1101 §1, 10-5-1981; Ord. No. 2101 §1, 12-6-2004]
A Board of Public Safety is hereby established to be composed
of the Chief of the Fire Department, the Head EMT-P of the Ambulance
Service, the Chief of Police and the Building Official. For the purpose
of this Chapter, each of the above designated heads is hereby authorized
to appoint a designated agent to serve on their behalf within their
department.
[R.O. 2009 §505.040; CC 1976 §7-44; Ord. No. 1090 §7, 7-20-1981]
The employees of the Fire Department shall make a report in
writing to the Board of Public Safety of all buildings or structures
which are, may be or are suspected to be dangerous buildings. Such
reports must be delivered to the Board of Public Safety within twenty-four
(24) hours of the discovery of such buildings by any employee of the
Fire Department.
[R.O. 2009 §505.050; CC 1976 §7-45; Ord. No. 1090 §8, 7-20-1981]
All employees of the Police Department shall make a report,
in writing, to the Board of Public Safety of any buildings or structures
which are, may be or are suspected to be dangerous buildings. Such
reports may be delivered to the Board of Public Safety within twenty-four
(24) hours of the discovery of such buildings by any employee of the
Police Department.
[R.O. 2009 §505.055; Ord. No. 2101 §2, 12-6-2004]
The Building Official shall make a report, in writing, to the
Board of Public Safety of any buildings or structures which are, may
be or are suspected to be dangerous buildings. Such reports may be
delivered to the Board of Public Safety within twenty-four (24) hours
of the discovery of such buildings by the Building Official.
[R.O. 2009 §505.060; CC 1976 §7-46; Ord. No. 1090 §5, 7-20-1981; Ord. No. 2101 §3, 12-6-2004]
A.
The Board
of Public Safety may:
1.
Inspect
or cause to be inspected 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.
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 by the Fire or Police Department
of this City or the Building Official as probably existing in violation
of the terms of this Chapter.
4.
Serve
notice of the declaration of nuisance to the owner, occupant, lessee,
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 of any building found by him to be a dangerous building
that:
a.
The
owner must vacate, vacate and repair or vacate and demolish such building
in accordance with the terms of the notice or may have it repaired
in accordance with the notice and this Chapter;
b.
The
occupant or lessee must vacate such 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 such building
as shown by the land records of the Recorder of Deeds of the County
where the land is located may, at his own risk, repair, vacate or
demolish or have such work or act done. Such notice shall be served
either by personal service or by certified mail, return receipt requested.
Any person notified under this Subsection to repair, vacate and repair
or vacate and demolish any building shall be given reasonable time,
not exceeding ten (10) days, to commence the action required by the
notice. The Board of Public Safety, if it is determined to be necessary
to extend such time to do or have done the work or act required by
the notice provided herein, such official shall specify same, in writing,
and serve an additional notice of the date to which the extension
is made.
d.
If
service cannot be had by the methods set forth above, a notice shall
be inserted in a newspaper then doing the City printing, notifying
the owner of the dangerous building. Such notice shall state that
the owner is responsible for the repair or demolition of the dangerous
building within ten (10) days after the publication of such notice.
5.
Report to the Board of Aldermen any non-compliance with the notice provided for in Subsection (4) hereof, including either failure to vacate or to commence or failure to finish the work required by the notice.
6.
Appear
at all hearings conducted by the Board of Aldermen and testify as
to the condition of dangerous buildings.
7.
Place
a notice on all dangerous buildings reading as follows:
"This structure has been found to be a dangerous building by
the Board of Public Safety. 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 structure or building and all other persons having
an interest in said building as shown by the land records of the Recorder
of Deeds of Lafayette County. It is unlawful to remove this notice
until such notice is complied with."
[R.O. 2009 §505.070; CC 1976 §7-47; Ord. No. 1090 §9, 7-20-1981]
Where it reasonably appears there is an immediate danger to
the health, safety or welfare of any person, the Board of Public Safety
may take emergency measures to vacate and repair or demolish a dangerous
building or structure.
[R.O. 2009 §505.080; CC 1976 §7-48; Ord. No. 1090 §4, 7-20-1981; Ord. No. 2101 §4, 12-6-2004]
A.
The following
standards shall be followed in substance by the Board of Public Safety
in ordering repair, vacation or demolition:
1.
If the
dangerous building can be reasonably 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 partially destroyed by deterioration,
decay or damage so that it cannot be restored or repaired so that
it will no longer exist in violation of the terms of this Chapter,
or if the owner or other persons having an interest in it are unwilling
to restore or repair it, 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, it shall be demolished. The determination of whether
a building or structure cannot be restored or repaired shall rest
with the Board of Public Safety.
[R.O. 2009 §505.090; CC 1976 §7-49; Ord. No. 1090 §6, 7-20-1981; Ord. No. 2101 §5, 12-6-2004]
A.
Upon
failure to vacate or to commence work of reconditioning or demolition
within the time specified or upon failure to proceed continuously
with the work without unnecessary delay, the Mayor or his or her designee
shall call and have a full and adequate hearing upon the matter, giving
at least twenty-one (21) days' written notice to the owner, occupant,
mortgagee, lessee, agent and all other persons having an interest
in the building as shown by the land records of the Recorder of Deeds
of the County where the land is located to appear before it 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
and repaired, or vacated and demolished in accordance with the statement
of particulars set forth in notice of the Board of Public Safety as
provided for in Section 505.060(4). Any party may be represented by
counsel and all parties shall have an opportunity to be heard.
B.
After
the hearing 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 Mayor or his or her designee 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 or welfare of
the residents of the City and ordering the building or structures
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 or welfare of the residents of the
City, no order shall be issued.
C.
If the owner, occupant, mortgagee or lessee fails to comply with the order or extension thereof provided for in Subsection (B) within the time specified, the Board of Public Safety shall cause such building or structure to be repaired, vacated and repaired or vacated and demolished as the facts may warrant; and the Board of Public Safety shall certify the charge for such repair, vacation or demolition to the City Clerk who shall cause a special tax bill therefor against the property to be prepared and collected by the City Collector. Except as provided in Section 505.130 of this Chapter, 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 deemed a personal debt against the property owner and shall also be a lien on the property until paid.
[R.O. 2009 §505.100; CC 1976 §7-50; Ord. No. 1090 §11, 7-20-1981; Ord. No. 2101 §6, 12-6-2004]
Interested parties may appeal from the determination of the
Mayor to the Circuit Court having jurisdiction as provided for and
established in Chapter 536, RSMo.
[R.O. 2009 §505.110; CC 1976 §7-51; Ord. No. 1090 §10, 7-20-1981]
No officer, agent or employee of the City shall render himself
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
duties under this Chapter. Any suit brought against any officer, agent
or employee of the City as a result of any act required or permitted
in the discharge of his duties under this Chapter, shall be defended
by the City Attorney or Special Counsel under the final determination
of the proceedings therein.
[R.O. 2009 §505.120; CC 1976 §7-52; Ord. No. 1090 §12, 7-20-1981; Ord. No. 2101 §7, 12-6-2004]
Any person failing to comply with the notice of declaration
of the nuisance within a reasonable time or failure to proceed continuously
without unnecessary delay shall be deemed guilty of an ordinance violation
and upon conviction thereof shall be fined not exceeding one thousand
dollars ($1,000.00) for each offense or by incarceration up to ninety
(90) days, or by both fine and jail sentence. In cases where the owner
of the property in question is not the resident of the property, punishment
may be a fine of up to two thousand dollars ($2,000.00) or up to ninety
(90) days incarceration, or a combination of both.
[R.O. 2009 §505.130; CC 1976 §7-53; Ord. No. 1231 §1, 7-15-1985; Ord. No. 2144 §1, 10-17-2005]
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, and
if the covered claim payment is in excess of fifty percent (50%) of
the face value of the policy covering a building or other structure,
then the following procedure shall apply:
1.
The
insurer shall withhold from the covered claim payment twenty-five
percent (25%) of the covered claim payment and shall pay that amount
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 Section. If a special tax bill or assessment
is issued by the City for the expenses of demolition of such building
as a dangerous building, the monies held by the City shall be applied
toward payment of special tax bill or assessment. If there is any
excess, it shall be paid by the City to the insured or as the terms
of the policy, including any endorsements thereto, provide.
2.
The City shall release the proceeds and any interest which has accrued on such proceeds received under Subsection (1) of this Section 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 Sections 505.060, 505.070 or 505.090. If the City has proceeded under the provisions of Sections 505.060, 505.070 or 505.090, all monies in excess of that necessary to comply with the provisions of Section 505.060, 505.070, or 505.090, for the removal of the building or structure, less salvage value, shall be paid as stated in Subsection (1) hereof.
3.
The
City may certify that, in lieu of payment of all or part of the covered
claim payment under this Section, 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.
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.
4.
No provisions
of this Section shall be construed to make the City a party to any
insurance contract.
