[Ord. No. 1010 §1, 12-5-2002]
A.
For the
purpose of this Code, any building or structure which is detrimental
to the health, safety or welfare of the public or the residents of
the City of Mound City, Missouri, and that has any or all of the following
defects shall be deemed a "dangerous building":
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 one-third (1/3) 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%) or more damage or deterioration of the non-supporting
enclosing or outside walls or coverage.
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 this 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 such building or structure.
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 attached so that they may fall and
injure members of the public or property.
9.
Any
portion of a building or structure, remaining on a site after the
demolition or destruction of the building or structure or whenever
any building or structure is abandoned for a period in excess of ninety
(90) days so as to constitute such building or portion thereof to
be an attractive nuisance or hazard to the public.
10.
Those
that because of their condition are unsafe, unsanitary or dangerous
to the health, safety or general welfare of the people of this City.
[Ord. No. 1010 §2, 12-5-2002]
Each "dangerous building", as defined in Section 505.010 of this Chapter, is hereby declared to be a public nuisance and shall be repaired, vacated and/or demolished as further provided for herein.
[Ord. No. 1010 §3, 12-5-2002]
A.
The following
standards shall be followed in substance by the Building Inspector
and the Board of Code Appeals in ordering repair, vacation and/or
demolition of a dangerous building:
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 and all design, construction and workmanship shall conform
with accepted industry standards or the Uniform Building Code, 1985
Edition, as revised and updated, whichever is most stringent.
2.
If the
dangerous building is in such condition as to make it dangerous to
the health, safety or welfare of its occupants, it shall be ordered
to be vacated and either repaired or demolished, as is appropriate
under the circumstances.
3.
If the
dangerous building is damaged, decayed or deteriorated by fifty percent
(50%) or more based upon the value of the structure and it cannot
be restored or repaired so that it will no longer exist in violation
of the terms of this Chapter, it shall be demolished.
4.
If both
the owner and any other persons having an interest in the dangerous
building are unwilling to restore or repair the building or structure,
it shall be demolished.
5.
If the
dangerous building is a fire hazard existing or erected in violation
of any code or ordinance of the City or any Statute of the State of
Missouri, it shall be demolished.
[Ord. No. 1010 §4, 12-5-2002]
In any case where it reasonably appears that there is immediate danger to the health, life or safety of any person or to any adjacent property unless the "dangerous building", as defined herein, is immediately repaired, vacated or demolished, the Building Inspector shall report such facts to the Board of Code Appeals and such Board, by resolution, may cause the immediate repair, vacation or demolition of such dangerous building. The cost of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in Section 505.110 herein.
[Ord. No. 1010 §5, 12-5-2002]
A.
If there
are any insurance proceeds based upon a covered claim where payment
is 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 the building or other structure,
then the following procedure shall apply:
1.
The
insurer shall withhold from the covered claim payment twenty-five
percent (25%) of the covered claim payment, and shall pay that amount
to the City for deposit into an interest-bearing account.
2.
As to
said monies, any mortgagee or lienholder named on the insurance policy
shall maintain priority superior to any obligation under this Section.
3.
Within thirty (30) days after receipt of such insurance monies, the City shall release the proceeds and any interest which has accrued on such proceeds to the insured, or as the terms of the policy, including any endorsements thereto, provide, unless the City has instituted proceedings under the provisions of Section 505.060. In the event that City has proceeded under the provisions of Section 505.060, all monies in excess of that necessary to comply with the provisions of this Chapter for the removal of the building or structure, less salvage value, shall be paid to the insured, subject to the limitations of this Section.
4.
If a
special tax bill or assessment is issued by the City for the expenses
of demolition of such building as a dangerous building, the monies
held by the City shall be applied toward payment of a special tax
bill or assessment. If there is any excess, it shall be paid by the
City to the insured or as the terms of the policy, including any endorsements
thereto, provide.
5.
In lieu of payment of all or part of the covered claim payment under this Subsection, the City may certify that 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 and subject to the limitations of Subsection (2), the City may issue a certificate within thirty (30) days after receipt of said proof, allowing payment of the insurance monies to the insured without deduction. It shall be the obligation of the insured or other person making claim to the monies to provide the insurance company with the written certificate provided for in this Subsection.
6.
No provision
of this Subsection shall be construed to make the City a party to
any insurance contract.
[Ord. No. 1010 §6, 12-5-2002]
A.
The Building
Inspector shall have and perform the following duties.
1.
Notice of inspection.
a.
Prior
to conducting the inspection pursuant to this Section, the Building
Inspector shall make reasonable, diligent efforts to provide the record
owner of the building to be inspected forty-eight (48) hours' notice
in advance of the inspection and to inform the owner of their right
to accompany the Building Inspector during the inspection. In the
event the Building Inspector is unable to provide the notice envisioned
herein, the Building Inspector may proceed to inspect the premises.
However, in such event, the Building Inspector shall document all
attempts to provide notice to the owner.
b.
In
the event an inspection involves an "emergency situation", wherein
it reasonably appears there is immediate danger to health, life or
safety of any person or any adjacent property, said inspection may
occur without the forty-eight (48) hours' notice in advance of the
inspection to the property owner. As used in this Section, the term "emergency situation" shall include the following:
(1)
Structural failure, including a roof, floor, stairs, foundation have
collapsed or in danger of collapse;
(2)
Electrical wiring failure, including complaints of "hot" wires, sparks,
shock, repetitive failure of fuses or repetitive failure of circuit
breakers;
(3)
Sewage backups, including chronic problems of sewage backing up into
the premises or the collection of methane gas in the dwelling or noxious
odors emanating from the sewer system;
(4)
Gas leaks, including natural gas odors, in the premises of gas appliances
which are suspected of malfunction;
(5)
Mechanical failures, including elevators, which have malfunctioned
or which are in danger of malfunction;
(6)
Possession, maintenance or retention of hazardous materials on the
premises, including explosives and toxic chemicals;
(7)
A complaint which has been prompted by a serious injury occurring
on the premises;
(8)
Excessive infestation of rodents and/or insects;
(9)
Excessive accumulation of garbage or debris.
2.
Inspection. The Building Inspector shall:
a.
Inspect or cause to be inspected, as often as may be necessary, all residential, commercial, institutional, accessory, garage, assembly, special or miscellaneous occupancy buildings for the purpose of determining whether any condition exists which render such places to be a dangerous building within the terms of Section 505.010 of this Chapter.
b.
Inspect
any building, wall or structure about which complaints are filed by
any person alleging that such building, wall or structure is or may
be existing in violation of this Chapter.
c.
In
the discretion of the Building Inspector and with prior approval from
the Board of Aldermen to do so, the Building Inspector shall have
an architectural engineer assist him/her with any of the inspections
allowed by this Chapter.
3.
Determination and order.
a.
The
Building Inspector shall set forth a description of the building or
structure deemed to be dangerous and a statement of the particulars
which made the building or structure a dangerous building.
b.
If
the Building Inspector determines that the building or structure is
a dangerous building which must be repaired, the order shall require
that all required permits be secured therefor and the work physically
commenced within a specific time not to exceed thirty (30) days from
the date of the order unless, in the judgment of the Building Inspector,
it is determined to be necessary to extend such time to commence the
required work. The order shall further require that the work proceed
continuously without unnecessary delay, so as to complete said work
within a reasonable time but not to exceed one hundred eighty (180)
days.
c.
If
the Building Inspector determines that the building or structure is
a dangerous building which must be vacated, the order shall require
that the building or structure shall be vacated within a certain time
from the date of the order as determined to be reasonable by the Building
Inspector.
d.
If
the Building Inspector determines that the building or structure is
a dangerous building which must be demolished, the order shall require
that the building be demolished within such time as the Building Inspector
shall determine reasonable but not to exceed thirty (30) days from
the date of the order and that all required permits be secured therefor
within thirty (30) days from the date of the order.
e.
If
the Building Inspector determines that the building or structure is
not a dangerous building, then no order shall be issued.
4.
Posting of notice. Upon completion of the inspection of a "building or structure and upon making a determination that said building or structure is a dangerous building as defined in Section 505.010 herein, the Building Inspector shall post a notice on such building or structure which shall be substantially in the following form, but may include other information:
"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 and repaired, or vacated and demolished
in accordance with the notice which has been given the known owner,
occupant, lessee, mortgagee or agent of this building, and all other
persons having interest in such building as shown by the land records
of the Recorder of Deeds of Holt County. It is unlawful to remove
this notice until such notice is complied with. All persons are hereby
notified to keep out as long as this notice remains posted. Any person(s)
willfully destroying, mutilating and removing this notice or entering
this structure will be prosecuted to the full extent of the law."
Provided however, that the posting of such notice shall not
be construed to deprive any person, entitled hereto by this Chapter,
to the notice and hearing as prescribed herein.
5.
Service of notice and order. The notice and order, and any
amended or supplemental notice and order, shall be served upon the
record owner of the dangerous building and posted on the property.
Additionally, one (1) copy shall be served on each of the following
if known by the Building Inspector or disclosed from the land records
of the Recorder of Deeds of Holt County, Missouri:
6.
Method of service.
a.
Service
of the notice and order shall be made upon all persons entitled thereto
either personally or by mailing a copy of such notice and order by
certified mail, postage prepaid, return receipt requested, to each
such person at their address as it appears on the last equalized assessment
roll of Holt County or as known to the Building Inspector.
b.
If no address of any such person appears or is known to the Building Inspector, then notice shall be had by publication in a newspaper qualified to publish legal notices at least fourteen (14) days in advance of any hearing date specifically addressed to the person for whom no address is known and all other persons having an interest in said building that has been found to be a dangerous building within the standards set forth in Section 505.010 of this Chapter and shall set forth the requirements of the determination and order of the Building Inspector.
7.
Proof of service. If service is obtained by personal service,
proof of service of the notice and order shall be certified as to
the time of service by a written declaration executed by the person
effecting the service declaring the time, date and manner in which
service was made. This declaration, together with any receipt card
returned in acknowledgment of receipt by certified mail, shall be
affixed to the copy of the notice and order retained by the Building
Inspector.
8.
Failure of service. The failure of the Building Inspector
to serve any person required herein to be served shall not invalidate
any proceedings hereunder as to any other person duly served, nor
shall it relieve any such person from any duty or obligation imposed
by the provisions of this Section.
9.
Report. The Building Inspector shall make a report in writing
to the Board of Code Appeals for any non-compliance with the notice
and order to vacate, repair and/or demolish.
10.
Appearance. The Building Inspector shall appear at all hearings
conducted by the Board of Code Appeals pursuant to this Chapter and
shall testify as to the condition of dangerous buildings.
[Ord. No. 1010 §7, 12-5-2002]
A.
Appeal. Any person entitled to service of the notice and
order of the Building Inspector may appeal from any such notice and
order or any other action of the Building Inspector under this Chapter
by filing at the office of the City Clerk a written appeal containing:
1.
A heading
in the words: "Before the Board of Code Appeals of the City of Mound
City, Missouri..."
2.
A caption
reading: "Appeals of _____________, giving the names of all appellants
participating in the appeal.
3.
A brief
statement setting forth the legal interest of each of the appellants
in the building for the land involved in the notice and order.
4.
A brief
statement in ordinary and concise language of that specific order
or action protested, together with any material fact claimed to support
the contentions of the appellant. Only those matters or issues specifically
raised by the appellant shall be considered in the hearing of the
appeal.
5.
A brief
statement in ordinary and concise language of the relief sought and
the reasons why it is claimed the protested order or action should
be reversed, modified or otherwise set aside.
6.
The
signatures of all parties named as appellants and their official mailing
addresses.
7.
The
verification by declaration under penalty of perjury of at least one
(1) appellant as to the truth of the matters stated in the appeal.
B.
Fees. The fee for such appeal shall be twenty-five dollars
($25.00) and shall accompany the application for appeal. The application
fee shall not be refundable.
C.
Timing Of Appeal. The appeal shall be filed within thirty (30) days from the date of the service of such notice and order or action of the Building Inspector. However, if the building or structure is in such condition as to make it immediately dangerous to the health, life or safety of any person or adjacent property as defined in Section 505.040 and is ordered vacated and is posted in accordance with Section 505.060, such appeal shall be filed within ten (10) days from the date of the service of the notice and order of the Building Inspector.
D.
Stay Of Order. Except for orders to vacate the premises made pursuant to Section 505.040, enforcement of any notice and order of the Building Inspector issued under this Chapter shall be stayed during the pendency of a properly and timely filed appeal.
E.
Failure To Appeal. Failure of any person to file an appeal
in accordance with the provisions of this Section shall constitute
a waiver of the right to request an administrative hearing and adjudication
on the notice and order or to any portion thereof.
[Ord. No. 1010 §8, 12-5-2002]
[Ord. No. 1010 §9, 12-5-2002]
A.
The Board
of Code Appeals shall have and perform the following duties pursuant
to this Chapter:
1.
Date of hearing. As soon as practicable after receiving the written appeal under Section 505.070 or after the receipt of the Building Inspector pursuant to Section 505.060, the Board of Code Appeals shall fix a date, time and place for the hearing. Such date shall be not less than ten (10) days nor more than sixty (60) days from the date the appeal was filed with the office of the City Clerk or from the date the Building Inspector filed the report with the Board, whichever is applicable, unless continued by the Board of Code Appeals for good cause shown.
2.
Notice. The notice shall be substantially in the following
form but may include other information: "You are hereby notified that
a hearing will be held before the Board of Code Appeals at __________
on the __________ day of __________, 20 __________, at the hour __________,
related to the property described as __________, to show cause why
the building or structure reported to be a dangerous building should
not be repaired, vacated and/or demolished in accordance with the
statement of particulars set forth in the Building Inspector's notice
as provided for in this ordinance. You may be present at the hearing.
You may present any relevant evidence and will be given full opportunity
to cross-examine all witnesses testifying against you". Said notice
shall advise the recipient of the procedures involved in the hearing
pursuant to this Section.
3.
Service of notice. Written notice of the time and location
of the hearing and any amended or supplemental notice shall be served
upon each appellant and/or the record owner of the dangerous building.
Additionally, one (1) copy shall be served on each of the following
if known to the Board of Code Appeals or disclosed from the land records
of the Recorder of Deeds of Holt County, Missouri:
a.
The
holder of any mortgage, deed of trust or other lien or encumbrance
of record;
b.
The
owner or holder of any lease of record;
c.
The
holder of any other estate or legal interest of record in or to the
building or the land on which it is located; and
d.
Any
tenant in possession of the premises.
4.
Method of service.
a.
Service
of the notice of the hearing shall be made upon all persons entitled
thereto either personally or by mailing a copy of such notice by certified
mail, postage prepaid, return receipt requested, to each such person
at their address as it appears on the last equalized assessment roll
of Holt County or as known to the Board of Code Appeals. Such notice
shall be served or received at least fourteen (14) days prior to the
hearing date.
b.
If
no address of any such person so appears or is known to the Board
of Code Appeals, then notice shall be given by publication in a newspaper
qualified to publish legal notices at least fourteen (14) days prior
to the hearing date, specifically addressed to the person for whom
no address is known and all other persons having an interest in said
building, to appear before the Board of Code Appeals on the date specified
and to show cause why the structure or building reported to be a dangerous
building should not be repaired, vacated or demolished in accordance
with the statement of particulars set forth in the Building Inspector's
notice or decision. Said notice shall notify the recipient of the
procedures involved in the hearing pursuant to this Section.
5.
Proof of service. If service is obtained by personal service,
proof of service of the notice and order shall be certified as to
the time of service by a written declaration executed by the person
effecting service declaring the time, date and manner in which service
was made. This declaration, together with any receipt card returned
in acknowledgment of receipt by certified mail, shall be affixed to
the copy of the notice and order retained by the Board of Code Appeals.
6.
Failure of service. The failure of the Board of Code Appeals
to serve any person required herein to be served shall not invalidate
any proceedings hereunder as to any other person duly served or relieve
any such person from any duty or obligation imposed by the provisions
of this Section.
7.
Hearing. Upon receipt of the report of the Building Inspector
or a duly filed appeal and after having given the required notice,
the Board of Code Appeals shall hold a full and adequate hearing and
hear such testimony that is relevant to the dangerous building at
issue in the appeal and that is offered by the Building Inspector,
any expert witness, any appellant, the record owner and any other
person entitled to service of notice or with knowledge relevant to
the dangerous building.
8.
Decision. Upon conclusion of the hearing, the Board of Code
Appeals shall make written findings of fact based upon competent and
substantial evidence offered at the hearing as to whether or not the
building in question is a "dangerous building" as defined by Section 505.010 herein and:
a.
If
the evidence supports a finding that the building or structure is
a dangerous building, detrimental to the health, life or safety of
any person or to any adjacent property, the Board of Code Appeals
shall issue an order based upon the findings of fact commanding the
appellant and/or the record owner, as well as any other person entitled
to notice of the hearing, to vacate and ordering the demolition of
the building or structure.
b.
It
is further provided that the appellant and/or the record owner, as
well as any other person entitled to notice of the hearing, shall
have the privilege of either repairing or vacating and repairing said
building, if such repair will bring such building into compliance
with the ordinances and codes of the City of Mound City, provided
that such repair is completed within sixty (60) days of the order
being entered by the Board of Code Appeals.
c.
The
appellant and/or the record owner, as well as any other person entitled
to notice of the hearing, shall have the privilege of vacating and
demolishing said dangerous building at their own risk to prevent the
City of Mound City from acquiring a lien against said land on which
the dangerous building is located, provided that such demolition is
completed within sixty (60) days of the order being entered by the
Board of Code Appeals.
d.
If
the evidence does not support a finding that the building or structure
is a dangerous building, then no order shall be issued.
e.
The
findings of fact shall be in writing and shall contain findings, a
determination of the issues presented and an order as to any requirements
to be satisfied. A copy of the decision shall be personally delivered
to the appellant and/or the record owner, as well as any other person
entitled to notice of the hearing, or shall be sent by certified mail,
postage prepaid, return receipt requested to each such person. The
effective date of the decision shall be as stated therein.
[Ord. No. 1010 §10, 12-5-2002]
A.
Non-Compliance. If compliance is not had with the order
of the Board of Code Appeals within the time provided and no appeal
is properly and timely filed, a certificate shall be filed in the
Recorder's office of Holt County, Missouri, certifying:
B.
Subsequent Compliance. In the event that subsequent to the
filing of the certificate of dangerous building, the corrections ordered
shall be completed or the building demolished, so that the building
or structure no longer exists as a dangerous building on the property
described in the certificate, a new certificate shall be filed in
the Recorder's office of Holt County, Missouri, certifying that the
building is no longer a dangerous building.
[Ord. No. 1010 §11, 12-5-2002]
A.
Non-Compliance. If within sixty (60) days the record owner, appellant or any other person entitled to service of notice pursuant to Section 505.090 fails to comply with the decision and order of the Board of Code Appeals, the Board of Code Appeals or the Building Inspector shall so advise the Board of Aldermen who shall cause such building or structure to be repaired, vacated and/or demolished as the facts may warrant.
B.
Tax Bill.
1.
Whenever
the City shall have caused repair or demolition work to be completed
as provided in this Chapter of the City of Mound City, the City Clerk
shall certify the costs of the repair or demolition work and shall
cause a special tax bill to be issued against the lot, tract or parcel
of land until paid and shall cause the same to be registered in the
office of the Recorder of Holt County and to be mailed by certified
mail to all owners of record of the property. The tax bill shall be
collected by the official collecting taxes. The tax bill from the
date of its issuance shall also be deemed a personal debt against
the property owner.
2.
Upon
written request of the taxpayer delivered to the City Clerk within
thirty (30) days after completion of the demolition or repair work,
a tax bill for repair or demolition of a building or structure may
be paid in ten (10) equal, annual installments, which installments
with interest thereon to date on the unpaid balance shall be due annually
on the anniversary of the date of issuance of the bill. Interest shall
be paid at the maximum rate per annum allowable by law on the unpaid
balance of the special assessment computed from the date of the issuance.
If any annual payment of principal or interest shall not be paid within
thirty (30) days of its due date, the entire remaining balance of
the tax bill shall immediately became due and payable.
3.
If said
request for the payment plan is not made within thirty (30) days after
the completion of the repair of demolition work, then the entire tax
bill shall be payable within sixty (60) days of issuance with interest
thereon.
4.
Tax
bills so issued shall be prima facie evidence of the validity of the
bill, the doing of the work and the liability of the property for
the damages stated in the bill. If default should occur, said amounts
shall be collected by suit brought in a court of competent jurisdiction
by the City Attorney on behalf of the City.
[Ord. No. 1010 §12, 12-5-2002]
Within thirty (30) days of the receipt of the decision of the Board of Code Appeals, any person entitled to notice pursuant to Section 505.090 as to a dangerous building may appeal such decision to the Circuit Court of Holt County pursuant to the procedure established in Chapter 536, RSMo.
[Ord. No. 1010 §13, 12-5-2002]
A.
It is
a violation of this Chapter to:
1.
Fail
to comply with an order to repair, vacate or demolish a dangerous
building given by the Building Inspector unless a proper appeal is
duly filed; or
2.
Fail
to proceed continuously with the repair or demolition of any dangerous
building without unnecessary delay; or
3.
Fail
to comply with an order to repair, vacate or demolish a dangerous
building given by the Board of Code Appeals unless a proper appeal
is duly filed; or
4.
Remove,
deface or mutilate the notice placed on a dangerous building; or
5.
Violate
any other provision of this Chapter.
B.
Each
and every person violating any of the foregoing shall be guilty of
a misdemeanor and, upon conviction thereof, shall be punished by a
fine not to exceed five hundred dollars ($500.00) or be imprisoned
in jail for not more than three (3) months, or both such fine and
imprisonment. A separate offense shall be deemed committed upon each
day during or on which a person violates any provision of this Chapter.
[Ord. No. 1010 §14, 12-5-2002]
The City Attorney shall prosecute all persons failing to comply
with the terms of the notices and orders provided for herein; appear
at all hearings before the Board of Code Appeals pursuant to this
Chapter; bring suit to collect all municipal liens, assessments or
costs incurred by the City in the repairing or demolishing of dangerous
building; and take all such other legal actions as are necessary to
carry out and enforce the terms and provisions of this Chapter.
[Ord. No. 1010 §15, 12-5-2002]
No officer, agent, board, commission or employee of the City
shall render themselves 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 their duties under this Chapter. Any suit brought
against any officer, agent, board, commission or employee of the City
as a result of any act required or permitted in the discharge of their
duties under this Chapter shall be defended by the City Attorney until
the final determination of the proceedings therein.
