[CC 1999 §6-20(a); Ord. No. 07-74 §1, 11-13-2007]
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 Republic, Missouri.
[CC 1999 §6-20(b); Ord. No. 07-74 §1, 11-13-2007]
A.
All buildings
that are detrimental to the health, safety or welfare of the residents
of the City of Republic and that have any or all of the following
defects shall be deemed "dangerous buildings":
1.
Those
with 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 the middle third of its base.
2.
Those
that, exclusive of the foundation, show thirty-three percent (33%)
or more damage or deterioration of the supporting member or members,
or fifty percent (50%) damage or deterioration of the non-supporting
enclosing or outside walls or covering.
3.
Those
that have improperly distributed loads upon the floors or roofs, or
in which the same are overloaded or that have insufficient strength
to be reasonably safe for the purpose used.
4.
Those
that 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.
5.
Those
that are so dilapidated, decayed, unsafe, unsanitary or that 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 welfare of
those occupying the building.
6.
Those
having light, air and sanitation facilities that are inadequate to
protect the health, 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
adequate means of evacuation.
8.
Those
that have parts thereof that are so attached that they may fall and
injure members of the public property.
9.
Those
that because of their condition are unsafe, unsanitary or dangerous
to the health, safety or general welfare of the people of this City.
[CC 1999 §6-20(c); Ord. No. 07-74 §1, 11-13-2007]
All dangerous buildings, as defined by Section 505.020, are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided herein.
[CC 1999 §6-20(d); Ord. No. 07-74 §1, 11-13-2007]
A.
The following
standards shall be followed in substance by the Building Inspector
and the Building Commissioner/Commission hereafter "Commission" in
ordering repair, vacation or demolition of any dangerous building:
1.
If If
the dangerous building reasonably can be repaired so that it no longer
will 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, 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 no longer will
exist in violation of the terms of this Chapter, 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 Chapter or any ordinance of this
City or Statute of the State of Missouri, it shall be repaired or
demolished.
[CC 1999 §6-20(e); Ord. No. 07-74 §1, 11-13-2007]
The Building Inspector shall be the officer charged with the
administration and enforcement of the Building Code and this Chapter
of the City's Code of Ordinances.
[CC 1999 §6-20(f); Ord. No. 07-74 §1, 11-13-2007; Ord. No. 13-09 §3, 2-25-2013]
A.
The Building
Inspector shall have the duty under this Chapter to:
1.
Inspect,
or cause to be inspected, as often as may be necessary, all residential,
institution, assembly, commercial, industrial, garage, special or
miscellaneous occupancy buildings for the purpose of determining whether
any conditions exist that render such places a dangerous building
if the Building Inspector 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 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, then service may be had by a publication in a newspaper qualified to publish legal notices, 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 Greene or Christian County or any building found by the Building Inspector to be a dangerous building within the standards set forth in Section 505.020.
The notice required shall state:
a.
The
owner must vacate, vacate and repair or vacate and demolish said building
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.
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
wherein the land is located may, at his/her own risk, repair, vacate
or demolish or have such work 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 to commence
the required work.
d.
A
description of the building or structure deemed dangerous, a statement
of the particulars that make the building or structure a dangerous
building and an order requiring the designated work to be commenced
within the time provided for in the above Subsection.
5.
Report
in writing to the Commission the non-compliance with any notice to
vacate, repair or demolish or upon the failure to proceed continuously
with the work without unnecessary delay.
6.
Appear
at all hearings conducted by the Commission and testify as to the
condition of dangerous buildings.
7.
Immediately
report to the Commission concerning any building found by the Building
Inspector to be inherently dangerous and that the Building Inspector
has determined to be a nuisance per se. The Commission may direct
that such building be marked or posted with a written notice reading
substantially 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 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 Greene or Christian County. It is unlawful to remove this notice
until such notice is complied with."
Provided however, that the order by the Commission 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.
[CC 1999 §6-20(g); Ord. No. 07-74 §1, 11-13-2007]
A.
The City Administrator shall designate a Building Commissioner or a Building Commission ("Commission") to act as the Commission under this Chapter and the Commission may establish such rules or procedures as needed to accomplish the duties set forth in Section 505.080 and shall cause a copy of such rules or procedures to be filed with the City Clerk.
B.
The City
Administrator may designate a hearing officer to conduct hearings
as required by this Chapter. In the absence of such appointment, the
Commission shall act as the hearing officer.
[CC 1999 §6-20(h); Ord. No. 07-74 §1, 11-13-2007; Ord. No. 13-09 §3, 2-25-2013]
A.
The Commission
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 duties required of the Building
Inspector by this Chapter. Upon receiving a complaint or report from
any source that a dangerous building exists in the City, the Commission
shall cause an inspection to be made forthwith. If the Commission
deems it necessary to the performance of the Commission's duties and
responsibilities imposed herein, the Commission may request an inspection
and report be made by any other City department or retain services
of an expert whenever the Commission 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 person(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 Commission
shall cause a hearing to be held giving the affected parties full
and adequate hearing on the matter.
a.
Written
notice, either by personal service or by certified mail, return receipt
requested, or by a publication in a newspaper, at least ten (10) days
in advance of a 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 the County wherein
the land is located to appear before the hearing officer on the date
specified in the notice to show cause why the building or structure
reported to be a dangerous building shall not be repaired, vacated
or demolished in accordance with the statement of particulars set
forth in the Building Inspector's notice as provided herein.
b.
Any
party may be represented by counsel and all parties shall have an
opportunity to be heard.
c.
Evidence
may be received by the hearing officer in the manner set forth in
Section 536.070, RSMo.
3.
The hearing officer shall make written findings of fact and conclusions of law in substantially the form required by Section 536.090, RSMo., 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 505.020.
4.
If the
evidence supports a finding based upon competent and substantial evidence
that the building or structure is a dangerous building, the hearing
officer shall issue an order based upon the hearing officer's findings
of fact and conclusions of law commanding the owner, occupant, mortgagee,
lessee, agent or other person(s) having an interest in said building
as shown by the land records of the County wherein the land is located
to repair, vacate or demolish any building found to be a dangerous
building, 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 County wherein the land is located 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 findings of fact and conclusions of law are that the
evidence does not support a finding that a building or structure is
a dangerous building, no order shall be issued.
5.
If the owner, occupant, mortgagee or lessee fails to comply with the order within thirty (30) days, the hearing officer shall forward the order to abate to the Commission and the Commission may direct the order to the appropriate City department(s) and such department(s) shall cause such building or structure to be repaired, vacated or demolished and the property cleaned up as the facts may warrant. If the hearing officer issues 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 pursuant to the procedure in Section 425.090 (C),(D) and (E) to establish the cost for the purpose of issuing 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 505.090, 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 also be a lien on the property until paid. Said tax bill or assessment shall bear interest at a rate of eight percent (8%) per annum until paid.
6.
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 hearing officer as provided in Subsection (5) of this Section, 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, the following procedure is established for the payment of up to twenty-five percent (25%) of the insurance proceeds, as set forth in subdivisions (a) and (b) 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:
a.
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 the ordinance.
b.
The City shall release the proceeds and any interest that has accrued on such proceeds received under subdivision (a) 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 this Section, all monies in excess of that necessary to comply with the provisions of Subsection (5) of this Section for the removal of the building or structure, less salvage value, shall be paid to the insured.
7.
If there are no proceeds of any insurance policy as set forth in Subsection (6) 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.
8.
Subsection (6) of this Section shall apply to fire, explosion or other casualty loss claim arising on all buildings and structures.
9.
Subsection (6) 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.
10.
The Commission may certify in lieu of payment of all or part of the covered claim under Subsection (6) that the Commission 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 Commission 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 (6) 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.
[CC 1999 §6-20(i); Ord. No. 07-74 §1, 11-13-2007; Ord. No. 10-48 §1, 11-8-2010]
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 the County wherein the land is located may, within thirty (30) days from the receipt of the order of the hearing officer, appeal such decision pursuant to the procedures outlined in Code Section 430.090.
[CC 1999 §6-20(j); Ord. No. 07-74 §1, 11-13-2007; Ord. No. 13-09 §3, 2-25-2013]
In cases where it reasonably appears that there is immediate danger to the health, life or safety of any person, in that event unless a dangerous building, as defined herein, is immediately repaired, vacated or demolished, the Building Inspector shall report such facts to the Commission and the Commission may cause the immediate repair, vacation or demolition of such dangerous building pursuant to the procedures set forth in Section 430.080. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in Section 505.080(5).
[CC 1999 §6-20(k); Ord. No. 07-74 §1, 11-13-2007]
A.
The owner, occupant or lessee in possession of any dangerous building who shall fail to comply with an order of the hearing officer to repair, vacate or demolish said building and if the order has not been properly appealed shall be guilty of an ordinance violation and upon conviction shall be punishable as set forth in Section 505.120.
[CC 1999 §6-20(l); Ord. No. 07-74 §1, 11-13-2007]
Any person violating the provisions of this Chapter is guilty
of an ordinance violation and upon conviction thereof shall be fined
not more than one thousand dollars ($1,000.00). Each day that a person
fails to comply with an order of the hearing officer that has not
been properly appealed may be deemed a separate offense.
