Editor's Note — Ord. no. 2004-03 Art. IV §2, adopted
March 23, 2004, repealed ch. 505 and enacted new provisions set out
herein. Former ch. 505 derived from ord. no. 89-7 §4, 3-28-1989;
ord. no. 98-38 §1, 12-8-1998; ord. no. 2001-32 §1, 11-13-2001.
[Ord. No. 2004-03 Art. III §1, 3-23-2004]
It is the purpose of this Chapter to provide a just, equitable
and practicable method for the repairing, vacation or demolition of
the 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 are now in existence or that may hereafter
exist in the City of Lake Ozark, Missouri.
[Ord. No. 2004-03 Art. III §2, 3-23-2004]
A.
All buildings
or structures that are detrimental to the health, safety or welfare
of the residents of the City and that have any or all of the following
defects shall be deemed "dangerous buildings".
1.
Those
with interior wall 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 amenities essential to decent living that they are
unfit for habitation, or are likely to cause sickness or disease,
so as to threaten injury to the health, safety or welfare of those
occupying such 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 or property.
9.
Those
that because of their condition are unsafe, unsanitary or dangerous
to the health, safety or general welfare of the people of the City.
[Ord. No. 2004-03 Art. III §3, 3-23-2004]
All dangerous buildings or structures, as defined by Section 505.020, are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided herein.
[Ord. No. 2004-03 Art. III §4, 3-23-2004]
A.
The following
standards shall be followed in substance by the Building Inspector
in ordering repair, vacation or demolition of any dangerous building.
1.
If the
dangerous building can reasonably 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.
[Ord. No. 2004-03 Art. III §5, 3-23-2004]
The Building Inspector shall be the Building Inspector(s) within
the meaning of this Chapter.
[Ord. No. 2004-03 Art. III §6, 3-23-2004]
A.
The Building
Inspector(s) shall have the duty under this Chapter to:
1.
Inspect,
or cause to be inspected, as often as may be necessary, all residential,
institutional, assembly, commercial, industrial, garage, special or
miscellaneous occupancy buildings for the purpose of determining whether
any conditions exist that render such place to be a dangerous building
when he/she 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 the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the building or structure, as shown by the land records of the Recorder of Deeds of Camden/Miller County, of any building or structure found by him/her to be a dangerous building or structure within the standards set forth in Section 505.020. Such notice shall be in writing and shall be given either by personal service or by certified mail, return receipt requested, or if service cannot be had by either of these modes of service, the service may be had by publication in a newspaper qualified to publish legal notices for two (2) consecutive weeks.
The notice required shall state that:
a.
The
owner must vacate, vacate and repair or vacate and demolish said building
and clean up the lot or property on which the building is located
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 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 Camden/Miller
County may, at his/her own risk, repair, vacate or demolish the building
and clean up the property or have such work done;
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provided that any person notified under this Subsection to repair,
vacate or demolish any building or clean up the property shall be
given such reasonable time not exceeding thirty (30) days to commence
the work.
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5.
The
notice provided for in this Section shall state a description of the
building or structure deemed dangerous, a statement of the particulars
that make the building or structure a dangerous building, said building
or structure constitutes a nuisance and an order requiring the designated
work to be commenced within the time provided for in the above Subsection.
6.
Report
in writing to the City Administrator the non-compliance with any notice
to vacate, repair, demolish, clean up the property or upon the failure
to proceed continuously with the work without unnecessary delay.
7.
Appear
at all hearings conducted by the City Administrator and testify as
to the condition of dangerous buildings.
8.
Immediately
report to the City Administrator concerning any building found by
him/her to be inherently dangerous and that he/she determined to be
a nuisance. The City Administrator may direct that such building be
marked or posted with a written notice reading substantially as follows:
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"This building has been found to be a dangerous building by
the Building Inspector. This notice is to remain on this building
and/or property until it is repaired, vacated or demolished and the
property is cleaned up 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 Camden/Miller County.
It is unlawful to remove this notice until such notice is complied
with."
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[Ord. No. 2004-03 Art. III §7, 3-23-2004]
A.
The City
Administrator shall:
1.
Supervise
all inspections required by this Chapter and cause the Building Inspector
to make inspections and perform all the duties required of him/her
by this Chapter. Upon receiving a complaint or report from any source
that a dangerous building exists in the City, the City Administrator
shall cause an inspection to be made forthwith. If the City Administrator
deems it necessary to the performance of his/her duties and responsibilities
imposed herein, the City Administrator may request an inspection and
report be made by any other City department or retain services of
an expert whenever the City Administrator deems such service necessary.
2.
Upon
receipt of a report from the Building Inspector in indicating failure
by the owner, lessee, occupant, mortgagee, agent or other person(s)
having an 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.
3.
Make written findings of fact 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 of this Chapter.
4.
If the
owner, occupant, mortgagee or lessee fails to comply with the order
within thirty (30) days, the City Administrator shall cause such building
or structure to be demolished and the property cleaned up as the facts
may warrant. If the City Administrator or other designated officer(s)
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 to the City Clerk or officer in charge of finance
who shall cause a special tax bill or assessment therefore against
the property to be prepared and collected by the City Collector or
other official collecting taxes. 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 the maximum interest rate allowed by State law.
[Ord. No. 2004-03 Art. III §8, 3-23-2004]
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, the
following procedure is established for the payment of up to twenty-five
percent (25%) of the insurance proceeds as set forth in this Section.
This Section 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:
1.
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.
2.
The City shall release the proceeds and any interest that 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. If the City has instituted legal proceedings, all monies in excess of that necessary for the removal, securing, repair and clean up of the building or structure and the lot on which it is located, less salvage value, shall be paid to the insured.
B.
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 the date of its issuance shall be a lien on the property and a personal debt against the property owner(s) until paid.
C.
This
Section shall apply to fire, explosion or other casualty loss claims
arising on all buildings and structures.
D.
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 the insurance policy.
E.
The City Administrator may certify that in lieu of payment of all or part of the covered claim payment under Subsection (A) that it 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 City Administrator 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 (A) 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 for in this Subsection.
[Ord. No. 2004-03 Art. III §9, 3-23-2004]
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 Camden/Miller County may appeal such decision
to the Circuit Court of Camden/Miller 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. Otherwise, the appeal shall be made
pursuant to the procedures provided for in Section 536.150, RSMo.
[Ord. No. 2004-03 Art. III §10, 3-23-2004]
In cases where it reasonably appears that there is immediate
danger to the health, life, safety or welfare of any person unless
a dangerous building, as defined herein, is immediately repaired,
vacated or demolished and the property is cleaned up, the Building
Inspector shall report such facts to the City Administrator and the
City Administrator may 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 in this Chapter.
[Ord. No. 2004-03 Art. III §11, 3-23-2004]
The owner, occupant or lessee in possession of any dangerous
building who fails to comply with the order to repair, vacate or demolish
said building given by the City Administrator or who fails to proceed
continuously without unnecessary delay; and any person removing any
notices provided for in this Chapter; and any person violating any
other provisions of this Chapter shall be guilty of a violation and,
upon conviction thereof, shall be fined not more than five hundred
dollars ($500.00). Each day that a person fails to comply with an
order of the Building Inspector or City Administrator may be deemed
a separate offense.
