[R.O. 2011 § 500.350; R.O. 2009
§ 150.105; CC 1981 § 5-31; Ord. No. 74-5, 2-6-1974]
It is the purpose of this Article
to provide a just, equitable and practical method for the repairing,
vacation or demolition of buildings or structures which are detrimental
to the health, safety or welfare of the occupants of such buildings
or to the general public. This Article shall apply to all dangerous
building as herein defined which are now in existence or which may
hereafter exist in the City.
[R.O. 2011 § 500.360; R.O. 2009
§ 150.106; CC 1981 § 5-32; Ord. No. 74-5, 2-6-1974]
For the purpose of this Article,
the following definition shall apply unless the context clearly indicates
or requires a different meaning.
All buildings or structures which have any or all of the
following defects:
Those whose interior walls or other
vertical structural members lift, 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.
Those which, exclusive of the foundation,
show thirty-three percent (33%) or more of damage or the deterioration
of the supporting member or members or fifty percent (50%) of damage
or deterioration of the non-supporting enclosing or outside walls
or coverings.
Those which have improperly distributed
loads upon the floor or roof or in which the same are overloaded or
which have insufficient strength to be reasonably safe for the purpose
used.
Those which 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.
Those which are so dilapidated, decayed,
unsafe, unsanitary or would ordinarily fail to provide the amenities
essential to decent living that they are unfit for human habitation
or likely to cause sickness or disease, so as to work injury to the
health, safety or welfare of those occupying such buildings.
Those having light, air and sanitary
facilities which are inadequate to protect the health, safety or general
welfare of human beings who live or may live therein.
Those having inadequate facilities
for egress in case of fire or panic or those having insufficient stairways,
elevators, fire escapes or other means of access.
Those which have parts thereof which
are so attached that they may fall or injure members of the public
or property.
Those which, because of their condition,
are unsafe, unsanitary or dangerous to the health, safety or general
welfare of the people of this City.
[R.O. 2011 § 500.370; R.O. 2009
§ 150.107; CC 1981 §§ 5-33 — 5-34; Ord. No. 74-5, 2-6-1974; Ord. No. 98-494, 11-19-1998]
A.
Declared Nuisance. All dangerous buildings
are hereby declared to be public nuisances and shall be repaired,
vacated or demolished as provided in this Article.
B.
Emergencies. In cases where it reasonably appears that there is immediate danger to the health, life or safety of any person, the Building Code Official may take emergency measures to vacate and repair or demolish such dangerous building or structure and the cost of such shall be collected in the same manner as provided in Section 500.440.
[R.O. 2011 § 500.380; R.O. 2009
§ 150.108; CC 1981 § 5-35; Ord. No. 74-5, 2-6-1974; Ord. No. 98-235, 5-20-1998; Ord.
No. 98-494, 11-19-1998]
No enforcement in this Article shall be contrary or adverse to the intent and purpose of Sections 400.330 through 400.350, which set forth the provisions effecting the "SMPD," "EHP" and "HDD" historic districts; provided, no dangerous building shall be allowed to exist without commencement of the required work longer than ninety (90) days from the date of declaration by the Building Code Official, excepting in cases applicable to Section 500.370(B).
[R.O. 2011 § 500.390; R.O. 2009
§ 150.109; CC 1981 § 5-47; Ord. No. 74-5, 2-6-1974; Ord. No. 95-98, 4-13-1995; Ord.
No. 98-494, 11-19-1998]
A.
The Building Code Official shall have the
duty under this Article to:
1.
Inspection, Generally. Inspect or
cause to be inspected, as often as may be necessary, all residential,
institutional, assembly, commercial, industrial, garages, special
or miscellaneous occupancy buildings for the purpose of determining
whether any defects exist which render such building a dangerous building
when there are reasonable grounds to believe that any such building
is dangerous.
2.
Inspection Upon Complaints. 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 Article and shall determine if
there are reasonable grounds to determine that such building is dangerous.
3.
Inspection Upon Reports By City Department
Heads. Inspect any building, wall or structure reported by any department
head of this City as probably existing in violation of this Article.
4.
Declaration Of Nuisance. Declare
that any building found to be a dangerous building is a nuisance.
5.
Notification Of Declaration. 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, publication two (2) times for two (2) successive
weeks in a newspaper qualified to publish legal notices, the owner,
occupant, lessee, mortgagee, agent and all other persons having an
interest in such 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 this Article.
6.
Calling Of Hearing Before Board Of
Appeals. Upon failure to commence the required work or demolition
within the time specified or upon failure to proceed continuously
with the required work without unnecessary delay, the Building Code
Official shall call and have a full and adequate hearing upon the
matter before the Board of Appeals, giving the affected parties at
least ten (10) days' written notice of the hearing. Any party may
be represented by counsel and all parties shall have an opportunity
to be heard. After the hearings, if the Board of Appeals finds evidence
supporting that the building or structure is a nuisance or detrimental
to the health, safety or welfare of the residents of the City, the
Building Code Official 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. If the findings
of fact do 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 to demolish, repair
or remove such building. If the findings of fact show that such building
is a nuisance and subject to the provisions of this Article, the Building
Code Official shall order the structure to be demolished, removed
or repaired, whichever is necessary according to the findings of fact.
7.
Posting Of Declaration. If the building
or structure is declared to be a nuisance, such building shall be
marked or posted with a written notice of such finding.
[R.O. 2011 § 500.400; R.O. 2009
§ 150.110; CC 1981 § 5-48; Ord. No. 74-5, 2-6-1974; Ord. No. 95-98, 4-13-1995]
A.
The required notice to repair, vacate,
clean up or demolish shall state that:
1.
The owner must repair, clean up or
vacate, repair and clean up or vacate, demolish and clean up such
building in accordance with the terms of the notice in this Article;
2.
The occupant must vacate such building
or the building must be repaired in accordance with the notice and
the occupant may "remain in possession";
3.
The mortgagee, agent or other persons
having an interest in such building as shown by the land records may,
at their own risk, repair, vacate, clean up or demolish or have such
work done; provided that any person notified under this Section to
repair, vacate, clean up or demolish any building shall be given such
reasonable time not exceeding thirty (30) days to commence the required
work unless in the judgment of the Building Commissioner it is determined
to be necessary to extend such time to commence the required work.
B.
The notice provided for in this Section shall state a description of the building or structure deemed hazardous, statement of the particulars which make the building or structure a dangerous building and an order requiring that the designated work to be commenced within a time or extension thereof provided for in Subsection (A) above.
[R.O. 2011 § 500.410; R.O. 2009
§ 150.111; CC 1981 § 5-49; Ord. No. 74-5, 2-6-1974; Ord. No. 95-98, 4-13-1995; Ord.
No. 98-494, 11-19-1998]
A.
The following standards shall be followed
by the Building Code Official in ordering repair, vacation, clean
up or demolition of any dangerous buildings:
1.
If the dangerous building can reasonably
be repaired so that it will no longer exist in violation of the terms
of this Article, 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 will no longer exist in violation of the terms
of this Article, 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 Article or any other ordinance of the City or Statute of the
State, it shall be repaired or demolished.
5.
In all cases where cleanup is necessary
because of the repair or demolition of a dangerous building, the property
shall be ordered to be cleaned up.
[R.O. 2011 § 500.420; R.O. 2009
§ 150.112; CC 1981 § 5-50; Ord. No. 74-5, 2-6-1974; Ord. No. 98-494, 11-19-1998]
The person or company ordered to
comply with the findings of the Board of Appeals may, within thirty
(30) days from the receipt of the order of the Building Code Official
as directed by the Board of Appeals, appeal such decision to the County
Circuit Court in the manner provided for in Chapter 536, RSMo., as
amended.
[R.O. 2011 § 500.430; R.O. 2009
§ 150.113; CC 1981 § 5-51; Ord. No. 74-5, 2-6-1974; Ord. No. 98-494, 11-19-1998]
Any owner, occupant, lessee, mortgagee,
agent or any other person having an interest in an alleged dangerous
building shall allow the Building Inspector to inspect such building.
Upon failure to allow inspection, the Building Code Official may apply
to the Municipal Judge for a search warrant if reasonable grounds
exist to believe that such a building is a dangerous building.
[R.O. 2011 § 500.440; R.O. 2009
§ 150.114; CC 1981 § 5-52; Ord. No. 74-5, 2-6-1974; Ord. No. 95-98, 4-13-1995; Ord.
No. 98-494, 11-19-1998]
Upon failure to comply with the order
of the Building Code Official within thirty (30) days, the Building
Code Official shall cause such building or structure to be repaired,
vacated, cleaned up or demolished as the facts may warrant. The Building
Code Official shall certify the charge for such repair, vacation,
cleanup or demolition to the City Clerk who shall cause a special
tax bill therefor against the property to be prepared and submitted
to the City Council. The Director of Finance shall collect such tax
bill. 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 and shall bear the legal interest rate.
[R.O. 2011 § 500.450; R.O. 2009
§ 150.115; CC 1981 § 5-54; Ord. No. 84-153, 12-5-1984; Ord. No. 93-134, 6-16-1993; Ord.
No. 95-98, 4-13-1995; Ord. No. 98-494, 11-19-1998]
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 an order is issued by the Building Code Official or his/her designee as provided in Section 500.440 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, this Section establishes a procedure for the payment of up to twenty-five percent (25%) of the insurance proceeds as set forth in Subsection(A)(1) through (7). This Section 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:
1.
The insurer shall withhold from the
covered claim payment up to ten percent (10%) 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 Section.
2.
The City shall release the proceeds and any interest which has accrued on such proceeds received under Subsection (A)(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 Section 500.440. If the City has proceeded under the provisions of Section 500.440, all monies in excess of that necessary to comply with the provisions of Section 500.440 for the removal of the building or structure, less salvage value, shall be paid to the insured.
3.
If there are no proceeds of any insurance policy as set forth in Subsection (A)(2) above, 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.
4.
This Section shall apply to fire,
explosion or other casualty loss claims arising on all buildings and
structures.
5.
This Section does not make the City
or County a party of 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.
6.
The Finance Director shall notify
the Director of Insurance within fourteen (14) days after the adoption
of this Section in accordance with Section 67.412, RSMo. The Director
of Insurance shall, in turn, notify insurance companies which issue
policies insuring buildings and other structures against fire, explosion
or other casualty loss within fourteen (14) days after such notification.
Insurance companies shall have sixty (60) days after the Director
of Insurance notifies them of the adoption of this Section to establish
procedures within this City to carry out the provisions of Section
67.410, RSMo.
7.
The City may certify that in lieu of payment of all or part of the covered claim payment under Section 67.410, RSMo., if 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 pursuant to Section 67.410, RSMo. 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 (A)(7).
