Cross Reference — As to cleanup of methamphetamine contamination, §503.010.
[R.O. 2011 §505.010; Ord. No. 125-89 §I, 7-5-1989]
The purpose of this Chapter is to provide for vacation, repair
or demolition of any building, part thereof or any other structure,
retaining wall, fence, tower or smokestack within the City of Byrnes
Mill, which are detrimental to the health, safety or welfare of its
residents and which are declared to be a public nuisance.
[R.O. 2011 §505.020; Ord. No. 125-89 §I, 7-5-1989]
A.
All buildings
or structures which have any or all of the following defects shall
be deemed "dangerous buildings":
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 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 of deterioration of the non-supporting
enclosing or outside walls or covering.
3.
Those
which have 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.
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 of Byrnes Mill.
5.
Those
which are so 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.
6.
Those
having 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.
7.
Those
having inadequate facilities for egress in case of fire or panic or
those having insufficient stairways, elevators, fire escapes, or other
means of evacuation.
8.
Those
which have parts thereof which are so attached that they may fall
and injure members of the public or property.
9.
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 §505.030; Ord. No. 125-89 §I, 7-5-1989]
All "dangerous buildings" within the terms of this Chapter are
hereby declared to be public nuisances, and shall be repaired, reconditioned,
vacated and repaired or vacated and demolished as hereinbefore and
hereinafter provided.
[R.O. 2011 §505.040; Ord. No. 125-89 §I, 7-5-1989]
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 and
repaired or vacated and demolished, the Building Inspector shall report
such facts to the Building Commissioner and he/she shall 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
herein.
[R.O. 2011 §505.050; Ord. No. 125-89 §I, 7-5-1989]
A.
The following
standards shall be followed in substance by the Building Inspector
and the Building Commissioner in ordering repair, vacation or demolition:
1.
If the
"dangerous building" can reasonably be repaired so that it will no
longer 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 or demolished.
3.
In any
case where a "dangerous building" is fifty percent (50%) damaged,
decayed or deteriorated, it shall be repaired or demolished. In all
cases where a building cannot be repaired so that it will no longer
exist in violation of the terms of this Chapter or any ordinance of
this City or Statute of the State of Missouri, it shall be demolished.
Permits for demolition shall be secured as required by law.
[R.O. 2011 §505.060; Ord. No. 125-89 §I, 7-5-1989]
A.
The Building
Inspectors shall:
1.
Make
a report, in writing, to the Building Commissioner of all buildings
or structures which he/she believes are, may be or are suspected to
be "dangerous buildings," within the terms of this Section. Such reports
are to be made within a reasonable time after the discovery of such
buildings or structures.
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.
3.
Inspect
any building, wall or structure reported as probably existing in violation
of the terms of this Code.
4.
Notify
in writing 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 Jefferson County where the land is located,
of any building found by him/her to be a "dangerous building" within
the standards set forth herein that:
a.
The
owner must vacate and repair, recondition, 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 may 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 Jefferson
County where the land is located, may at his/her own risk repair,
vacate or demolish or have such work or act done; provided that any
person notified under this Subsection to repair, recondition, vacate
and repair or vacate and demolish any building shall be given thirty
(30) days time to do or have done the work or act required by the
notice provided herein. Said official shall specify, in writing, an
additional notice of the date to which any extension is made. All
notices herein shall be served either by personal service or by certified
mail, return receipt requested, or service may be had by publication
provided that reasonable effort has been made to locate 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 Jefferson County where the land is located. Said notice,
if publication is required, shall be placed in a newspaper having
a general circulation in the City in two (2) consecutive weekly publications.
5.
Set forth in the notice provided for in Subsection (4) hereof, a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a "dangerous building," and an order requiring the same to be put in such conditions as to comply with the terms of this Chapter within the time, or extension thereof, provided for above in Subsection (4).
7.
Appear
at all hearings conducted by the Building Commissioner and testify
as to the conditions of the "dangerous building".
8.
If a
Building Inspector completes inspection of a building and finds it
to be dangerous and, in his/her opinion, constitutes a nuisance per
se, upon approval of such finding ex parte, by the Building Commissioner,
he/she shall place a notice on such building forthwith, reading as
follows:
"This building has been found to be a dangerous building by
the Building Inspector. This notice is to remain on this building
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 said building as shown by the land records of
the Recorder of Deeds of Jefferson County where the land is located.
It is unlawful to remove this notice until such notice is complied
with."
Provided however, the approval of said 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.
[R.O. 2011 §505.070; Ord. No. 125-89 §I, 7-5-1989]
A.
The Building
Commissioner shall:
1.
Supervise
all inspections required by this Chapter and cause the Building Inspectors
to make inspections and perform all duties required of them by this
Chapter. Upon receiving a complaint or report from any source that
a dangerous building exists in this City, he/she shall cause an inspection
to be made forthwith. If he/she deems it necessary to the performance
of his/her duties and responsibilities imposed herein, he/she may
request an inspection and report to be made to him/her by the Fire
Department, the Police or Sheriff's Department, the Health Department,
or any local entity having authority over each item, or by any other
City department, or may retain services of an expert whenever he/she
deems such service necessary.
2.
Upon
receipt of a report of a Building Inspector, as provided for in Section
505.060(6) hereof, give at least twenty-one (21) days written notice
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 Jefferson County where the land is located
to appear before him/her on the date specified in the notice as to
why the building or structure vacated and repaired, or vacated and
demolished in accordance with the statement of particulars set forth
in the Building Inspector's notice provided for herein. Any party
may be represented by counsel and all parties shall have an opportunity
to be heard.
3.
Hold
a hearing and hear such testimony of the Building Inspector or the
owner, occupant, mortgagee, lessee or any other person having an interest
in said building as shown by the land records of the Recorder of Deeds
of Jefferson County where the land is located, shall offer testimony
relative to the "dangerous building."
4.
Make written findings of fact from the testimony offered pursuant to Subsection (3) hereinabove as to whether or not the building in question is a "dangerous building".
5.
Issue an order based upon findings of fact made pursuant to Subsection (4) hereinabove, requiring the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said buildings as shown by the land records of the Recorder of Deeds of Jefferson County where the land is located, to repair, recondition, vacate and repair, or vacate and demolish any building found to be a "dangerous building" within the terms of this Section and 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 Jefferson County where the land is located, may vacate and demolish said "dangerous building" at his/her own risk to prevent the acquiring by the City of a lien against the land where the "dangerous building" stands, as provided in Subsection (6) hereof. If the evidence does not support a finding that the building or structure is a nuisance or detrimental to the health, safety or welfare, no order shall be issued.
6.
If the owner, occupant, mortgagee or lessee fails to comply with the order, or extension thereof, provided for in Subsection (5) hereof, within thirty (30) days, the Building Commissioner shall cause such building or structure to be repaired, vacated and repaired, or vacated and demolished as the facts may warrant, under the standards hereinbefore provided for, and the Building Commissioner shall certify the charge for such repair, vacation or demolition to the Director of Finance as a special assessment represented by a special tax bill against the real property affected; said tax bill shall be a lien upon said property and be enforced to the same extent and in the same manner as all special tax bills; assessments may be made payable in one (1) installment or, if requested, in installments not to exceed ten (10). Said assessments shall bear interest at the rate of eight percent (8%) per annum until paid. The tax bill shall be a lien on the property from the date of issuance.
8.
The
Building Commissioner may, where it reasonably appears that there
is an immediate danger to the health, safety or welfare of any person,
and where a reasonable effort will be made to locate the owner, occupant,
lessee, mortgagee, or agent having an interest in said building, take
emergency measures to vacate and repair or demolish such dangerous
building or structure with prior written consent from the Mayor. The
said Building Commissioner and Mayor shall forward all copies of the
action to the Board of Alderpersons at the Board's next regular meeting
subsequent to such action. The reasons for the Building Commissioner's
action shall be set forth in detail in such reports.
9.
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 Commissioner, the Mayor or her designee, 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:
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 this Chapter.
b.
The
City shall release the proceeds and any interest which has accrued
on such proceeds received under Subparagraph (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. If the city has
proceeded under litigation to collect the tax bill, all monies in
excess of that necessary for payment of the tax lien costs and interest
for the removal of the building or structure, less salvage value,
shall be paid to the insured.
10.
If there are no proceeds of any insurance policy as set forth in Subsection (9) 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 until paid.
11.
Subsection (9) 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.
12.
Subsection (9) of this Section shall apply to fire, explosion, or other casualty loss claims arising on all buildings and structures.
13.
The City may certify that in lieu of payment of all or part of the covered claim payment under Subsection (9), 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 Subsection (9). 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.
[R.O. 2011 §505.080; Ord. No. 125-89 §I, 7-5-1989]
A.
Any person having an interest in a "dangerous building" who shall fail to comply with any notice or order to repair, recondition, vacate or demolish said building given by the Building Commissioner shall upon conviction thereof be punishable as set forth herein. This Section shall not apply during the appeal procedure set forth in Section 505.070(2) and Section 505.090 herein.
B.
The occupant
or lessee in possession who fails to comply with any notice to vacate,
and anyone having an interest in said building as shown by the land
records of the Recorder of Deeds of Jefferson County where the land
lies, and under a legal duty to repair who fails to repair said building
in accordance with any notice given as provided for in this Chapter,
shall upon conviction thereof be punishable as set forth herein.
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 Jefferson County may appeal such decision to the Circuit Court of Jefferson County, as provided for in Sections 536.100 to 536.140, RSMo., if a proper record as defined in Section 536.130, RSMo., is maintained of the hearing provided for in Section 505.070 hereof. Otherwise, the appeal shall be made pursuant to the procedures provided for in Section 536.150, RSMo.
[R.O. 2011 §505.100; Ord. No. 125-89 §I, 7-5-1989]
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 Building Commissioner requiring
the building or structure to be vacated, provided that 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.
