[CC 1997 Ch. 7, Art. V; Ord. No. 2776-96, 7-17-1996]
The purpose of this Chapter is to provide for vacation, repair or demolition of any structure or part thereof within the City, which is detrimental to the health, safety or welfare of its residents and which is declared to be a public nuisance.
[CC 1997 §7.47; Ord. No. 2776-96, 7-17-1996]
When any structure has become so damaged by fire, wind or other causes, or has become so unsafe, unhealthful or unsanitary that, in the opinion of the Director and concurred in by the City Manager, life or health is immediately endangered by the occupation of the structure, the Building Official is hereby authorized and empowered to order and require the occupants of the structure to vacate immediately, whether or not a notice of violation has been given as described in this Chapter, and whether or not legal procedures described by the Hazelwood Municipal Code have been instituted.
[CC 1997 §7.48; Ord. No. 2776-96, 7-17-1996]
All buildings or structures shall be deemed dangerous buildings if they have any or all of the following defects:
Interior walls or other vertical structural members that list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third (3rd) of its base.
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.
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.
Damage 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.
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, safety or general welfare of those occupying such building.
Light, air and sanitation facilities which are inadequate to protect the health, safety or general welfare of human beings who live or may live therein.
Inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of evacuation.
Parts thereof which are so attached that they may fall and injure people or damage property.
Conditions, unsafe, unsanitary, or dangerous to the health, safety or general welfare of the people of this City.
[CC 1997 §7.49; Ord. No. 2776-96, 7-17-1996]
All dangerous buildings within the meaning of this Code are hereby declared to be public nuisances, and shall be repaired, reconditioned, vacated and repaired or vacated and demolished as herein before and after provided.
[CC 1997 §7.50; Ord. No. 2776-96, 7-17-1996]
The following standards shall be followed in substance by the Building Inspector and the Director in ordering repair, vacation or demolition:
If the dangerous building can reasonably be repaired so that it does not constitute a dangerous building, as herein defined, it shall be ordered repaired.
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 or demolished.
If the dangerous building cannot be reasonably repaired so that it will not constitute a dangerous building, as herein defined, it shall be ordered to be demolished. If the Director determines that the cost of repairs would exceed one hundred percent (100%) of the current value of the building, such repairs shall be presumed unreasonable.
[CC 1997 §7.51; Ord. No. 2776-96, 7-17-1996]
It shall be the duty of the Director to inspect or cause to be inspected, any building or structure within the City, as often as he may deem necessary for the purpose of determining whether any conditions exist which render such building or structure a dangerous building, as herein defined.
If the Director determines after inspection that a building or structure constitutes a dangerous building, he shall notify in writing the owner, occupant, lessee, mortgagee, agent, and all other persons having an interest in such buildings or structures as shown by the records of the office of the Recorder of Deeds of the County that such building or structure constitutes a dangerous building.
The notice shall contain a description of the building or structure deemed unsafe, a statement of the particulars which make such building a dangerous building and public nuisance and shall further set forth the order of the Director with respect to such building or structure, as to vacation, repair and demolition, including the designation of a reasonable time to cause said work as designated in said notice to be performed.
The notice shall also inform the recipient thereof of the opportunity of a hearing before the Board of Appeals, upon application to the Director, on the Director's findings and order with respect to the building or structure.
The notice shall be served either by personal service or by certified mail, return receipt requested, or, if service cannot be had by either of these modes, may be by publication and posting of the property.
[CC 1997 §7.52; Ord. No. 2776-96, 7-17-1996]
Upon application of any interested person receiving notice pursuant to the provisions of this Chapter, or upon failure to commence the work or repair or demolition, or upon failure to proceed continuously with the work without unnecessary delay, as provided to be done in the required notice, the Director shall notify the Board of Appeals, and the Board shall call and have a full and adequate hearing upon the matter, 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.
If the evidence at the hearing supports a finding that the structure is a nuisance or detrimental to the health, safety, or welfare of the residents of the City, the Board of Appeals 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 structure to be vacated, demolished and removed, or repaired within a specified time. If the evidence does not support a finding that the structure is a nuisance or detrimental to the health, safety or welfare of the residents of the City, no order shall be issued.
[CC 1997 §7.53; Ord. No. 2776-96, 7-17-1996]
If the Board of Appeals enters an order directing the building or structure to be demolished, secured, repaired or any debris removed, and the owner, occupant, mortgagee or lessee fails to comply with such order within the time specified in the order provided for in Section 505.070(B) hereof, the Director shall cause all of the work directed to be performed and the order to be undertaken and completed. The cost of performance shall be certified to the City Clerk, who shall cause a special tax bill or assessment therefor against the property to be prepared and collected by the City Finance Supervisor, 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 and 429.360, RSMo. Except as provided in Section 505.100, 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 personal debt against the property owner and shall also be a lien on the property until paid.
[CC 1997 §7.54; Ord. No. 2776-96, 7-17-1996]
When any building or structure has been demolished and removed by the City, the City shall have the right to sell any salvage or other valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the use of the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
[CC 1997 §7.55; Ord. No. 2776-96, 7-17-1996]
If there are proceeds of any insurance policy based upon a covered claim payment for damage or loss to a building or other structure caused by or arising out of any fire, explosion, or other casualty loss, the City may recover up to twenty-five percent (25%) of the insurance proceeds for its costs incurred pursuant to Section 505.080 less any salvage value realized by the City pursuant to Section 505.090, as set forth in Subsections (B)(1) and (B)(2) of this Section.
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:
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 Section.
The City shall release the proceeds and any interest which has accrued on such proceeds received under Subsection (B)(1) 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 cost recovery proceedings under the provisions of Section 505.080. If the City has proceeded under the provisions of Section 505.080, all monies in excess of that necessary to comply with those provisions for the demolition, securing, repair and/or removal of the building or structure, and the lot on which it is located, less salvage value, shall be paid to the insured.
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 deemed a personal debt against the property owner and shall be a lien on the property until paid.
This Section shall apply to fire, explosion, or other casualty loss claims arising on all structures.
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.
[CC 1997 §7.56; Ord. No. 2776-96, 7-17-1996]
When, in the opinion of the Director, it reasonably appears that a dangerous building, as defined herein, poses an immediate or potential danger to the health, safety or welfare of any person, the Director may take emergency measures to vacate the building and to abate, secure, repair or demolish the dangerous condition. The Director shall order the necessary work to be done, including the boarding up of openings to prevent ingress and shall cause such other action to be taken as may be necessary to meet such emergency.
In the event of such an emergency the Director shall notify interested persons, as promptly as possible, as required in Section 505.060, provided however, the Director shall have the authority to act in accordance with Subsection (A) of this Section regardless of whether such notice was issued or whether review proceedings as established in Section 505.070 have been instituted.
The Director shall cause to be posted at each entrance to any vacated dangerous building a notice to read substantially as follows: "This Structure Is Unsafe And A Public Nuisance And Its Occupancy Has Been Prohibited. Do Not Enter." It shall be unlawful for any person to enter such a structure except for the purpose of securing the structure, making the required repairs, abating the dangerous condition or demolishing the structure.
[CC 1997 §7.57; Ord. No. 2776-96, 7-17-1996]
In all cases where a building or structure does not meet the standards for dangerous buildings as set forth in Section 505.030, but which constitutes a nuisance to the general public because it is vacant and open to unauthorized entry, the Director may notify the owner to secure the building or structure within forty-eight (48) hours. In the event the owner fails to secure the building or structure in that time, the Director may take whatever measures are necessary to secure the building. The cost of such measures shall be recovered in the same manner as that provided in Section 505.080 hereof.
[CC 1997 §7.58; Ord. No. 2776-96, 7-17-1996]
The following are the standards to be met when a building is to be secured:
All doors, windows and other openings shall be locked and secured so as to prevent access to the building.
In the event Subparagraph (1) above cannot be accomplished and as a result the vacant building poses a threat to the health, safety or welfare of the public, the Director shall order the building openings boarded up. The building openings shall be secured by the application of a minimum of one-half (½) inch thick exterior grade plywood. The plywood shall be adequately attached so as to prevent access to the building. No building in the City may remain boarded up for more than fourteen (14) calendar days, except as provided in Subparagraph (3) below.
In the event a building is damaged, the owner may appeal to the Director for an extension to the board-up period not to exceed six (6) months. If an extension is granted by the Director, the board-up plywood shall be painted with a neutral color to match the building.
[CC 1997 §7.59; Ord. No. 2776-96, 7-17-1996]
It shall be unlawful for any person to enter any building or structure which has been placarded with a notice setting forth the order of the Building Inspector or the Director requiring the building or structure to be vacated. This provision shall not apply during the review and appeal procedure as provided herein and shall not apply to any person employed in securing or demolishing such building or structure.
The Police Department may remove any unauthorized person from any such building or structure and may take all steps necessary to prevent any unauthorized person from entering such building or structure.
[CC 1997 §7.60; Ord. No. 2776-96, 7-17-1996]
It shall be unlawful for the owner of any building or structure which is the subject of a compliance order or a notice of violation to sell, transfer, mortgage, lease or otherwise dispose of it to another, until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any such compliance order or notice of violation and shall furnish to the Director a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
[CC 1997 §7.61; Ord. No. 2776-96, 7-17-1996; Ord. No. 3173-00 §8, 5-17-2000]
The Building Enforcement Officer is hereby authorized to issue a summons to any person violating any of the terms of this Chapter, and thereafter such summons shall be prosecuted as all other violations of the Hazelwood City Code.
[CC 1997 §7.62; Ord. No. 2776-96, 7-17-1996]
If any Section, paragraph, subparagraph, sentence, clause or phrase of this Chapter should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Chapter which shall remain in full force and effect.
[Ord. No. 4249-12 §1, 12-5-2012]
Title. This Section is entitled and may be known as "The Methamphetamine Contamination Abatement Protocol".
Purpose. The purposes of this Section are:
To adopt standards for identifying dangerous levels of toxic chemicals and residue associated with the presence or production of methamphetamine; and
To establish protocols whereby the building safety personnel may cooperate with and rely on law enforcement and emergency agencies when applying property maintenance and safety standards to order or cause the abatement of contamination in structures due to the presence or production of methamphetamine.
Definitions. For purposes of this Section, the words or terms listed below are defined as follows:
- The Department of Public Works of the City of Hazelwood.
- Dextro methamphetamine, levo methamphetamine, and unidentified isomers of the same, any racemic mixture of dexto/levo methamphetamine, or any mixture of unidentified isomers of methamphetamine. The term includes derivatives, conjugates, oxides and reduced forms of the basic structure associated with the formation of methamphetamine. For the purposes of this protocol, this term includes amphetamine, ephedrine and pseudoephedrine.
- QUALIFIED COMPANY OR QUALIFIED CONTRACTOR
- A company or contractor that tests structures for the presence of unsafe contamination and/or abates such unsafe contamination and that:
- 1. Complies with the guidelines of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August 2009), and
- 2. Complies with the regulations of the Occupational Safety and Health Administration of the United States Department of Labor relating to hazardous waste operations and emergency response, including 29 Code of Federal Regulations Section 1910.120, and
- 3. Requires that at least one (1) employee or supervisor assigned to and on duty at any work site shall have completed the forty (40) hour Hazardous Waste Operations and Emergency Response (HASWOPER) training [Occupational Safety and Health Administration (OSHA) 29 CFR 1910], and
- 4. Requires its personnel to complete a clandestine drug lab assessment and decontamination course offered by a sponsor acceptable to a regional drug task force and/or the Department.
Unsafe Contamination. A structure will be considered unsafe for purposes of the dangerous buildings provisions and Property Maintenance Code of the City of Hazelwood if it is found to contain any of the chemicals listed below at exposure limits above the levels listed below established by the National Institute for Occupational Safety and Health (NIOSH):
Red Phosphorus—any amount
Iodine Crystals C0.1 ppm (1 mg/m3)
Sulfuric Acid TWA 1 mg/m3
Hydrogen Chloride C 5 ppm (7 mg/m3)
Hydrochloric Acid (Hcl gas)—C 5 ppm (7 mg/m3)
Methamphetamine—in a concentration equal to or greater than 1.5 µgram/100 cm2
Lead and Mercury—If it is determined that the phenyl-2-propanone (P2P) method of methamphetamine manufacturing was used, surface levels for lead in excess of 20 µg/ft2 and vapor samples for Mercury in excess of 50 ng/m3.
Closure And Abatement Orders Upon Report And Investigation By Law Enforcement Or Emergency Agencies.
When a law enforcement or emergency agency reports to the Department that a structure in the City has been used for the production of methamphetamine or as a storage facility for methamphetamine or chemicals used in the manufacturing of methamphetamine, the Department may order that structure closed pursuant to the emergency measures provided in the City's dangerous buildings, property maintenance and/or safety codes. The Department shall rescind such an order if the law enforcement or emergency agency later reports that after testing and investigation it has not found unsafe contamination in that structure.
When a law enforcement or emergency agency reports to the Department that it has found unsafe contamination in a structure in the City that has been used for the production of methamphetamine or as a storage facility for methamphetamine or chemicals used in the manufacturing of methamphetamine, the Department shall order that structure closed pursuant to the emergency measures provided in the City's dangerous buildings, property maintenance and/or safety codes.
Supplementary Notice And Instructions.
While closure and abatement orders pursuant to the emergency measures provided in the City's dangerous buildings, property maintenance and/or safety codes may be posted, the Department shall also attempt to contact the owner of record of the affected property, or the owner's agent, by personal service, first class mail or by posting on the property or publication if mail is returned as undelivered.
Such notice shall direct the owner to contact the Department within twenty (20) calendar days to establish a schedule for decontaminating the structure, and further advise the owner that failure to contact the Department within that time specified may result in a request to disconnect utility services in order to ensure that the structure is not re-occupied until it is decontaminated.
Such notice shall also inform the owner that if the owner contacts the Department within the time specified in the notice, the owner may request to have the structure retested, but such retesting must be performed as follows.
The owner must employ the services of a qualified company or contractor to perform sampling and to analyze the samples.
An inspector for the Department must be present when the qualified company or contractor takes samples and the owner shall pay an inspection fee of forty dollars ($40.00), payment of which must be made prior to the appointment for taking samples.
Sampling and testing shall be performed in accordance with the appropriate Sections of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August 2009).
The qualified company or contractor engaged by the owners must report the results of its analysis of the samples taken to the Department.
If unsafe contamination exists in a structure, the owner shall hire a qualified contractor or company to decontaminate the structure and advise the Department of the schedule for decontamination.
The schedule for the work and evidence that the qualified contractor or company meets the requirements of this Section must be submitted for approval to the Department within twenty (20) calendar days of the receipt of notice. Approval will be based solely on the timeliness of the schedule and the qualifications of the contractor. Approval or rejection of the schedule will be provided within a reasonable time of submission. If rejected, the owner will be informed, in writing, of specific reasons for the rejection and will be required to amend the schedule or the proposed qualified contractor or company. Decontamination shall be performed in accordance with the appropriate Sections of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August 2009).
If the owner of the property determined to have unsafe contamination fails to voluntarily abate that contamination, the Department may serve a notice of violation and proceed in accordance with provisions for abatement of unsafe conditions or structures in the City's dangerous buildings, property maintenance and/or safety codes. The Department may request disconnection of the utility services until the decontamination is complete.
Post decontamination sampling. Following the completion of the work, the owner shall notify the Department that work is complete and the owner must provide written test results as evidence that the property is compliant with this regulation. The post remediation sampling and testing must be performed by a qualified contractor or company other than and independent of the contractor or company that performed the decontamination, and that sampling and testing must be done in accordance with the appropriate Sections of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August 2009).
Final Action. After the property has been decontaminated and the Department is in possession of evidence that the pertinent chemical levels are below unsafe contamination levels, the structure will be considered safe and suitable for performance of a full inspection for an occupancy permit. If utility services have been disconnected, the Department will notify the utilities that the unsafe condition has been mitigated and service can be restored. The property owner shall be responsible for any reconnection fees.