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
the 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 Shrewsbury, Missouri.
[CC 1976 §205.040(A); Ord. No. 1815 §1, 11-13-1990; Ord. No. 1816 §1, 12-11-1990]
A.
The following
conditions of buildings and structures have been determined to be
detrimental to the health, safety, and welfare of the residents of
the City of Shrewsbury and therefore constitute a nuisance:
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 of any such wall or vertical structural member 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, roofs, or
other horizontal structural members, or in which the same are overloaded,
or which have insufficient strength or deflections to be reasonably
safe for the purpose used or intended to be 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.
5.
Those
which are uninhabited and are open at door, window, wall or roof.
6.
Those
under construction upon which no substantial work shall have been
performed for ninety (90) days.
7.
Those in the process of demolition upon which no substantial work shall have been performed for a period of fourteen (14) days immediately following the time a notice shall be issued to complete the demolition thereof under Section 550.060 of this Chapter.
8.
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.
9.
Those
having inadequate facilities for egress in case of fire or panic.
10.
Those
which have parts thereof which are so attached or deteriorated that
they may fall upon public ways or upon the property of others or may
injure members of the public or the occupants thereof.
11.
Those
buildings built in violation of any safety provision of the Building
Code, Electrical Code, Plumbing Code, Mechanical Code, Minimum Housing
Standards Code, or the Fire Prevention Code of the City, or used in
violation thereof.
All dangerous buildings or structures, as defined by Section 550.020 of this Chapter are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as provided herein.
[CC 1976 §205.040(B); Ord. No. 1815 §1, 11-13-1990; Ord. No. 1816 §1, 12-11-1990]
A.
The following
standards shall be followed in substance by the Building Commissioner
and the Board of Aldermen in ordering repair, vacation or demolition:
1.
In any
case where the conditions constituting the public nuisance are such
that the cost to repair the building or structure so that it will
no longer constitute a public nuisance is less than fifty percent
(50%) of the value of the building or structure, it shall be ordered
repaired, and in the event it is not repaired by the owner, then the
City shall abate the nuisance by performing the necessary repairs.
2.
In any
case where the conditions constituting the public nuisance are such
that the cost to repair the building or structure so that it will
no longer constitute a public nuisance equal or exceed fifty percent
(50%) of the value of the building or structure, it shall be ordered
demolished, and in the event it is not demolished by the owner, then
the City shall abate the nuisance by demolition.
3.
If the
dangerous building is in such condition as to make it dangerous to
the health, safety, or welfare of its occupants, it shall be ordered
to be vacated pending abatement of the nuisance.
4.
Any building or structure constituting a public nuisance because of the conditions described in Subparagraph (6) of Section 550.020 of this Chapter shall be ordered to be completed in accordance with lawful plans and specifications, and if it shall not be so completed by the owner, then the City shall abate the nuisance by demolition.
The Building Inspector/Housing Inspector shall be appointed
by the Mayor with the approval of the Board of Aldermen.
A.
The Building
Inspector(s) 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 to be 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 be existing 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 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 St. Louis County, of any building or structure found by him/her to be a dangerous building or structure within the standards set forth in Section 550.020. Such notice shall be in writing and shall be given 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) consecutive weeks.
The notice required shall state that:
a.
The
owner must vacate, vacate and repair or vacate and demolish said building
and clean up the lot or property on which the building is located
in accordance with the terms of the notice and this Chapter.
b.
The
occupant or 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 St. Louis
County may, at his/her own risk, repair, vacate or demolish the building
and clean up the property or have such work done;
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provided, that any person notified under this Subsection to
repair, vacate or demolish any building or clean up the property,
shall be given such reasonable time not exceeding thirty (30) days,
to commence the required work.
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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, a statement
indicating that as a dangerous building, said building or structure
constitutes a 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 non-compliance with
any notice to vacate, repair, demolish, clean up the property 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 buildings.
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:
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"This building has been found to be a dangerous building by
the Building Inspector. This notice is to remain on this building
and/or property until it is repaired, vacated or demolished and the
property is cleaned up 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 St. Louis County.
It is unlawful to remove this notice until such notice is complied
with."
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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 to the notice and hearing
prescribed herein.
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The Building Commissioner shall be appointed by the Mayor with
approval of the Board of Aldermen.
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. 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 services
of an expert whenever the Building Commissioner deems such service
necessary.
2.
Upon
receipt of a report from the Building Inspector indicating failure
by the owner, lessee, occupant, mortgagee, agent or other persons(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.
Written notice of said hearing shall be given, either by personal
service or by certified mail, return receipt requested, or if service
cannot be had by either of those modes of service then, by publication
in a newspaper qualified to publish legal notices, at least ten (10)
days in advance of the 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 St. Louis
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 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.
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 evidence offered at said hearing as to whether or not the building in question is a dangerous building within the terms of Section 550.020 of this Chapter.
4.
If the
evidence supports a finding based upon competent and substantial evidence
that the building or structure is a dangerous building, and a 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 findings of fact commanding the owner, occupant, mortgagee,
lessee, agent or other persons(s) having an interest in said building
as shown by the land records of the Recorder of Deeds St. Louis County
to repair, vacate or demolish any building found to be a dangerous
building 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 the Recorder of Deeds of
St. Louis County, may vacate and demolish said dangerous building
at his/her own risk to prevent the acquiring by the City of the 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, or a nuisance or detrimental to the health, safety or welfare
of the residents of the City, no order shall be issued.
5.
If the Building Commissioner or other designated officer or officers issue an order whereby the building or structure is demolished, secured, or repaired, or the property is cleaned up, the cost of performance shall be certified to the City Clerk or Officer in charge of finance, who shall cause a special tax bill or assessment therefor against the property to be prepared and collected by the City Collector or other official collecting taxes, unless the building or structure is demolished, secured or repaired by a contractor pursuant to an order issued by the City and such contractor files a mechanic's lien against the property where the dangerous building is located. The contractor may enforce this lien as provided in Sections 429.010 to 429.360, RSMo. Except as provided in Section 550.090, 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 deemed a personal debt against the property owner and shall be a lien on the property until paid.
A.
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 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 Subdivisions (1) and (2)
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:
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 (5) of Section 550.080. If the City has proceeded under the provisions of Subsection (5) of Section 550.080, all monies in excess of that necessary to comply with the provisions of Subsection (5) of Section 550.080 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 date of its issuance shall be a lien on the property and a personal debt against the property owner(s) until paid.
C.
Subsection (A) of this Section shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.
D.
Subsection (A) 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.
E.
The Building Commissioner may certify in lieu of payment of all or part of the covered claim 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 from this Subsection.
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 St. Louis County, may, within thirty (30)
days from the receipt of the order of the Building Commissioner, appeal
such decision to the Circuit Court of St. Louis County, pursuant to
the procedure established in Chapter 536, RSMo.
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 and the property is cleaned up, 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 of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in Section 550.080, Subsection (5) or Section 550.090.
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 or who
shall fail to proceed continuously without unnecessary delay; and
any person removing any notices provided for in this Chapter; and
any person violating any other provisions of this Chapter shall be
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.
[CC 1976 §205.040(N); Ord. No. 1815 §1, 11-13-1990; Ord. No. 1816 §1, 12-11-1990]
No officer, agent or employee of the City of Shrewsbury shall
be personally liable for any damage that may occur to any persons
or property as a result of any act required of him or permitted to
be taken by him under the terms of this Section. Any suit brought
against any such officer, agent or employee of the City as a result
of any such acts required or permitted shall be defended by the City
until the final determination of the proceedings; and if judgment
shall be obtained, it shall be paid by the City of Shrewsbury. It
is hereby further declared that no officer, agent or employee of the
City of Shrewsbury owes any other duty under the provisions of this
Section to any citizen or other individual but that the duties prescribed
herein and imposed upon officers, agents or employees of the City
are duties to be performed for the government of said City.
