[Ord. No. 3521 §6, 12-14-2006]
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
[Ord. No. 4262, 12-12-2019]
A mobile home not occupied or used for residential or business
purposes for one hundred eighty (180) days;
A mobile home with property taxes that have not been paid when
due for one (1) year;
A mobile home in a condition which presents a substantial danger
or hazard to public health, safety, or welfare; is unused by the owner;
is uninhabited because of deterioration or decay; is in a condition
that constitutes a fire hazard, that subjects adjoining property to
danger or damage by storm, soil erosion, or rodent infestation; or
which becomes a place frequented by trespassers and transients seeking
a temporary hideout or shelter;
A mobile home that has remained on the same property supported
by its wheels and tongue, without blocking or placing the mobile home
on a pad, for a period of one hundred eighty (180) days.
Any City employee or person designated by the Mayor and approved
by the Board of Aldermen and determined by them to be qualified to
undertake the duties of the Building Inspector specified in this Article.
Any building, mobile home or structure which exhibits any
of the following defects:
Interior walls or other vertical structural members which list,
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;
Damage or deterioration of the supporting members to the extent
of thirty-three percent (33%) or more, exclusive of the foundation,
or fifty percent (50%) or more of the non-supporting enclosing or
outside walls or covering;
Improperly distributed loads upon the floors or roofs or in
which the floors or roofs are overloaded or have insufficient strength
to be reasonably safe for the purpose used;
Damage by fire, wind or other causes so as to be dangerous to
life, safety or the general health and welfare of the occupants or
City residents;
Dilapidation, decay, unsafe or unsanitary conditions or failure
to provide the amenities essential to decent living such that such
building or structure is unfit for human habitation, or is likely
to contribute to sickness or disease, so as to work injury to the
health, safety or general welfare of the occupants or City residents;
Light, air or sanitation facilities inadequate to protect the
health, safety or general welfare of occupants;
Inadequacy of facilities for egress in case of fire or panic
or insufficiency of stairways, elevators, fire escapes or other means
of communication;
Parts so attached that they may fall and injure members of the
public or damage property; or
Conditions which render the building or structure unsafe, unsanitary
or dangerous to the health, safety or general welfare of City residents.
A transportable dwelling unit suitable for year-round occupancy
by original design, containing similar water supply, waste disposal
and electrical conveniences as immobile housing and having no foundation
other than wheels, jacks, skirting or other temporary supports.
[Ord. No. 4262, 12-12-2019]
A mobile home constructed before June 15, 1976, and not containing
a label certifying compliance to the Standard for Mobile Homes, NFPA
501, ANSI 119.1
[Ord. No. 4262, 12-12-2019]
An unoccupied mobile home with an exterior in good repair
that does not create a public nuisance, is current on applicable taxes,
is not presenting a substantial danger or hazard to public health,
safety, or welfare, and that is properly secured and protected from
unauthorized entry.
[Ord. No. 4262, 12-12-2019]
[Ord. No. 3521 §6, 12-14-2006]
All dangerous buildings are declared to be public nuisances
and shall be repaired, vacated or demolished and removed as provided
in this Article.
[Ord. No. 3521 §6, 12-14-2006]
A.
The
Building Inspector shall:
1.
Inspect or cause to be inspected periodically all public buildings,
schools, halls, churches, theaters, hotels including establishments
commonly referred to as bed and breakfast facilities, commercial,
manufacturing or loft buildings for the purpose of determining whether
any conditions exist which render any such place to be a dangerous
building.
2.
Inspect or cause to be inspected any building or structure about
which complaints are filed by any person to the effect that the building
or structure may be a dangerous building.
3.
Inspect or cause to be inspected any building or structure which,
in the determination of the Building Inspector, may be a dangerous
building or may violate any provisions of this Article.
4.
Upon a determination after inspection that a building or structure
constitutes a dangerous building, notify in writing the owner, occupant,
lessee, mortgagee, agent and all other persons having an interest
in the building or structure, as shown on the land records of the
Ste. Genevieve County Recorder of Deeds, that the building or structure
is determined to be a dangerous building.
a.
The notice shall contain a description of the building or structure,
the particulars which render the building or structure a dangerous
building and shall additionally set forth an order of the Building
Inspector as to requirements for the vacating, repair or demolition
of the building, including designation of a reasonable time not to
exceed ninety (90) days, to do or have done the work or act required
by the notice.
b.
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, service may be had by publication in a newspaper of
general circulation within the City once each week for two (2) successive
weeks and by posting notice at the property.
5.
Report to the Mayor any non-compliance with the notice and order
provided for in this Section.
6.
Appear at all hearings conducted under this Article.
7.
Post on all buildings or structures determined to be dangerous buildings
in accordance with this Article a notice reading substantially as
follows:
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"[DATE]
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NOTICE IS HEREBY GIVEN that 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 which has been given the owner, occupant,
lessee, mortgagee or agent of this building and all other persons
having an interest in this building as shown by the land records of
the County Recorder of Deeds. It is unlawful to remove this notice
until compliance with this notice has been completed."
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[Ord. No. 3521 §6, 12-14-2006; Ord. No. 3622 §1, 5-28-2009]
[Ord. No. 3521 §6, 12-14-2006]
Any owner, occupant, mortgagee, lessee, agent or any other person
having an interest in the property subject to an order issued under
this Article may appeal the decision and order of the City Administrator
to the Circuit Court of the Ste. Genevieve County as provided in Section
67.430, RSMo., as amended.
[Ord. No. 3521 §6, 12-14-2006]
A.
Once
an order is issued under this Article, the owner, occupant, mortgagee
or lessee against whom the order is issued has thirty (30) days to
take appropriate action to demolish and remove or secure and repair
the building or structure, whichever action is specified in the order.
Should this action not take place within the thirty (30) days, the
City may then perform this action or hire a contractor to perform
this action.
B.
If, pursuant to Subsection (A) of this Section, the City demolishes, secures or repairs the building or structure, or if the property is cleaned up by the City, 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 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., as amended. 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 obligation of the property owner and shall also be a lien on the property until paid.
[Ord. No. 3521 §6, 12-14-2006]
In cases where it reasonably appears that there is an immediate
danger to the life or safety of any person unless a dangerous building
is immediately repaired, vacated or demolished, the Building Inspector
shall report such facts to the City Administrator; and the City Administrator
shall cause the immediate repair, vacation or demolition of such dangerous
building. The costs of such emergency repair, vacation or demolition
shall be collected as provided in this Article.
[Ord. No. 3521 §6, 12-14-2006]
No officer, agent or employee of the City shall be held 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 duties
under this Article.
[Ord. No. 3521 §6, 12-14-2006]
At reasonable times, the City Administrator, Building Inspector
and persons designated by the City Administrator or Building Inspector
may lawfully enter onto private property for inspection or to ascertain
whether a nuisance exists and to otherwise enforce the notice provisions
of this Article. If any person refuses to allow entry onto private
property, the City Administrator or Building Inspector may obtain
an administrative search warrant from the Municipal Court in accordance
with the provisions of this Code and shall proceed in accordance therewith.
[Ord. No. 3521 §6, 12-14-2006]
It shall be unlawful to interfere with any City Officer or employee
engaged in enforcing the provisions of this Article.
[Ord. No. 3521 §6, 12-14-2006]
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 up to 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 under this Article, the monies held by the City
shall be applied to payment of the special tax bill or assessment.
Any excess monies shall be paid by the City to the insured or as the
terms of the policy, including any endorsements, 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 this Article. If the City has proceeded under the provisions of this Article, all monies in excess of that necessary to comply with the provision of this Article for the removal of the building or structure, less salvage value, shall be paid to the insured.
3.
The City may certify that, in lieu of payments of all or part of
the covered claim payment under this Section, the City 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 provision of this Section shall be construed to make the City
a party to any insurance contract.
[Ord. No. 4261, 12-12-2019]
A.
Pre-HUD
mobile homes shall not be permitted in the City of Ste. Genevieve
or to be installed and placed for living units, storage, or any other
purposes within the City limits of Ste. Genevieve, unless:
B.
Any
Pre-HUD mobile home which is currently installed and occupied as a
living unit shall be permitted to remain in its present location,
but may not be relocated to or any other parcel of property or have
a change of occupant(s), owner(s), or use unless the mobile home meets
the standards set forth in Attachment A, on file in City Hall. Owner
and occupant is defined as the owner and occupant of record as of
the date of adoption of this Section.
C.
Any abandoned mobile home must be removed from the City of Ste. Genevieve or otherwise disposed of in a legal manner within one hundred eighty (180) days of being deemed abandoned. Notice from the City of the abandoned mobile home shall be made and processed in the same manner as provided for dangerous buildings in Section 215.220(A)(4). A vacant mobile home shall not be considered an abandoned mobile home.
D.
Any
pre-HUD mobile home which is destroyed or damaged to the extent of
fifty percent (50%) or more of its structure or value must be removed
from the City of Ste. Genevieve or otherwise disposed of in a legal
manner within one hundred eighty (180) days of its destruction or
damage.
[Ord. No. 3521 §6, 12-14-2006]
Any person against whom an order has been issued under this
Article and who violates the time provisions of this Article, or any
person who otherwise violates any provision or requirement of this
Article, shall be deemed guilty of a misdemeanor and subjected the
penalty provided in this Code for such offenses. Pursuant to Section
67.410.4, RSMo., as amended, such penalty shall include a fine and/or
imprisonment. The fine may not exceed one thousand dollars ($1,000.00)
unless the person violating this Article is not also a resident of
the property, in which case the fine may not exceed two thousand dollars
($2,000.00). This penalty shall be in addition to any special tax
bills or assessments prepared by the City under this Article.
