City of De Soto, MO
Jefferson County
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Table of Contents
Table of Contents
Editor's Note — Ord. no. 3604 §1, adopted November 15, 2004, repealed ch. 505 "dangerous and unsafe structures" and enacted new provisions set out herein. Former ch. 505 derived from CC 1988 §§6-11 — 6-19, ord. no. 2377 §§2 — 10, 2-1-1971; ord. no. 2687 §1, 7-21-1980; ord. no. 3299 §1, 3-17-1997.
[Ord. No. 3604 §1, 11-15-2004]
The purpose of this Chapter is to provide for vacation, repair or demolition of any building, part thereof or any structure within the corporate limits of the City of De Soto which is detrimental to the health, safety and welfare of the residents of the City and which are declared to be a public nuisance. This Chapter is authorized by Section 67.400 et seq., RSMo.
[Ord. No. 3604 §1, 11-15-2004; Ord. No. 3811 §1, 5-18-2009]
A. 
All buildings or structures which have any or all of the following defects shall be deemed "dangerous buildings":
1. 
Those whose exterior walls or other vertical structure members 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 which, 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 of damage or deterioration of the non-supporting members enclosing the 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 De Soto.
5. 
Those which are so dilapidated, decayed, unsafe, have been inadequately maintained, 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 buildings.
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 occupants and 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 occupants and/or the people of this City.
10. 
Whenever any portion of a building or structure remains 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 six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
11. 
Whenever any portion of a wind energy facility, commercial wind turbine, small wind turbine or solar energy system remains on a site after being out-of-service for a continuous six (6) month period, the wind energy facility, commercial wind turbine, small wind turbine or solar energy system is deemed abandoned so as to constitute such wind energy facility, commercial wind turbine, small wind turbine or solar energy system or portion thereof an attractive nuisance or hazard to the public.
[Ord. No. 3604 §1, 11-15-2004]
A. 
Repair. If the "dangerous building" can reasonably be repaired so that it will no longer exist in violation of this Chapter, it shall be ordered "repaired".
B. 
Vacation. If the "dangerous building" is in such condition as to make it dangerous to the health, morals, safety or general welfare of its occupants, it shall be ordered to be "vacated" pending either repair or demolition.
C. 
Demolition. The "dangerous building" shall be ordered "demolished" in any of the following instances:
1. 
The building is fifty percent (50%) or more damaged, destroyed or deteriorated from its original value or structure.
2. 
The building cannot be repaired so that it will no longer exist in violation of the terms of this Chapter.
3. 
The building is a fire hazard in violation of the terms of this Chapter or any ordinance of this City or Statute of the State of Missouri.
[Ord. No. 3604 §1, 11-15-2004]
A. 
The City Manager and Building Inspector shall:
1. 
Inspect or cause to be inspected from time to time all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial, manufacturing or loft buildings for the purpose of determining whether any conditions exist which render such places a dangerous building within the terms of Section 505.020 of this Chapter.
2. 
Inspect any building, wall or structure about which written 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 in writing by the Fire or Police Departments of the City as probably existing in violation of the terms of this Chapter.
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 the County of Jefferson of any building found to be a dangerous building within the standards set forth in Section 505.020 of this Chapter, that:
a. 
The owner must vacate or repair or demolish said building in accordance with the terms of the notice and this Chapter;
b. 
The occupant must vacate said building or may remain in possession pending repair;
c. 
Reasonable time, not exceeding thirty (30) days, is given to commence the work or act required by the notice provided for herein with ninety (90) days thereafter to complete such work.
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 be put in such conditions as to comply with the terms of this Chapter within such length of time set forth in Subsection (4) hereof.
6. 
Report to the City Council any non-compliance with the notice provided for in Subsections (4) and (5) hereof.
7. 
Appear at all hearings conducted by the City Council and testify as to the condition of dangerous buildings.
8. 
Place a notice on all dangerous buildings reading as follows:
"This building has been found by the City of De Soto to be a dangerous building. 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 said building as shown by the land records of the Recorder of Deeds of the County of Jefferson. It is unlawful to remove this notice until such notice is complied with."
[Ord. No. 3604 §1, 11-15-2004]
A. 
The City Council shall:
1. 
Upon receipt of the report of the City Manager or Building Inspector as provided in Section 505.030(6), give written notice at least twenty-one (21) days prior to the date of the hearing 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 of Jefferson to appear before the City Council on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the notice provided for in Section 505.030(5).
2. 
Hold a hearing with recorded testimony by an official court reporter and hear such evidence as the City Manager, Building Inspector, 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 the County of Jefferson shall offer relative to the "dangerous building".
3. 
Make written findings of fact from the hearing held and testimony offered pursuant to Subsection (2) as to whether or not the building in question is a dangerous building within the terms of Section 505.020 hereof.
4. 
If the evidence does not support a finding that the building or structure in question is a dangerous building or a nuisance or detrimental to the health, safety or welfare of the occupants and/or the residents of the City of De Soto, no order shall be issued by the City Council.
5. 
If the evidence supports a finding that the building or structure in question is a dangerous building, a nuisance or detrimental to the health, safety or welfare of the occupants and/or the residents of the City of De Soto, the City Council shall order the building or structure to be demolished and removed or repaired, as the evidence demonstrates, all within a reasonable time, not exceeding thirty (30) days to commence the work or act, with ninety (90) days thereafter to complete such work or act.
6. 
The City Council's order to repair, vacate or demolish becomes final at the expiration of thirty (30) days after its entry if there is no appeal. An appeal shall stay the execution of the City Council's order to repair, vacate or demolish unless there is an "emergency" as provided by Section 505.080 of this Chapter.
If the City Council's order is not complied with after the expiration of one hundred twenty (120) days after the City Council's order becomes final, the City Council shall have the absolute right to cause such building or structure to be repaired, vacated or demolished as its order may direct and thereafter to cause the costs of same to be charged against the land as a municipal lien or cause such costs to be added to the City real estate tax bill as an assessment or to be levied as a special tax against the land to be recovered in a suit at law against the owner. The City Council has the right to authorize the City Attorney to take legal action to require the owner to make all necessary repairs or demolish the building.
[Ord. No. 3604 §1, 11-15-2004]
Written notice, as provided in this Chapter, shall be given either by personal service or by certified mail, return receipt requested, or otherwise by publication for two (2) consecutive weeks in a newspaper qualified to publish legal notices 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 of Jefferson and all such persons so notified shall be made parties to the City Council administrative hearing held under the provisions of this Chapter.
[Ord. No. 3604 §1, 11-15-2004]
At the written request of the taxpayer before the City Council's order becomes final, 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 upon the property until paid and said tax bill shall bear interest at the rate of eight percent (8%) per annum until paid.
[Ord. No. 3604 §1, 11-15-2004]
A. 
Pursuant to the provisions of Section 67.410.2, RSMo., proceeds from 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 are payable to the City as hereinafter set out:
1. 
First, the covered claim payment must be in excess of fifty percent (50%) of the face value of the insurance policy covering a building or other structure.
2. 
Second, if there is a named mortgagee in the insurance policy, the mortgagee shall maintain priority over any withholding and payment obligation to the City by the insurance company under this Chapter 505.
3. 
Third, the maximum payment the City is entitled to shall not exceed twenty-five percent (25%) of the insurance proceeds payable to the insured.
4. 
Examples are as follows:
Example 1.
Face value is
$50,000.00
Covered claim payment is
$25,000.00
Nothing due City — see (1) above
Example 2.
Face value is
$50,000.00
Covered claim payment is
$50,000.00
Policy mortgagee due
$50,000.00
Nothing due City — see (1) and (2) above
Example 3.
Face value is
$50,000.00
Covered claim payment is
$50,000.00
Policy mortgagee due
($30,000.00)
Policy insured due
$20,000.00
Maximum due City
25% of $20,000.00 is
$5,000.00
See (1), (2) and (3) above
5. 
The City shall release the insurance proceeds and any interest accrued thereon to the insured or as the terms of the policy and endorsements provide within thirty (30) days after receipt of the insurance monies, unless the City has instituted legal proceedings to collect the tax bill for removal, securing, repair or cleanup 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, at the written 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 its date of issuance shall be a lien on the property until paid.
C. 
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.
D. 
This Section shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.
E. 
The City may certify that in lieu of payment to the City of all or part of the covered claims payment under Subsection (A) of this Section 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 its certificate within thirty (30) days after receipt of proof to permit the 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 claim to provide the insurance company with the written certificate provided for in this Subsection (E).
[Ord. No. 3604 §1, 11-15-2004]
The owner, occupant, lessee, mortgagee, agent or any other person having an interest in a dangerous building as shown by the land records of the Recorder of Deeds of the County of Jefferson may, within thirty (30) days from the receipt of the order of the City Council, appeal such decision to the Circuit Court of Jefferson County pursuant to the procedures established in Chapter 536, RSMo.
[Ord. No. 3604 §1, 11-15-2004]
In such cases where it reasonably appears that there is an immediate danger to the health, safety and welfare of any person unless the dangerous building, as defined in Section 505.020 herein, is immediately repaired, vacated or demolished, the City Manager or the Building Inspector shall report such facts to the City Council and the City Council, by resolution, may cause the immediate repair, vacation or demolition of such dangerous building and the cost of such repair, vacation or demolition shall be collected in the same manner as provided for above.
[Ord. No. 3604 §1, 11-15-2004]
A. 
Any person who shall fail to comply with the City Council's order to vacate, recondition, repair, demolish and/or remove a building or structure shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a period not to exceed three (3) months, or by both such fine and imprisonment and court costs. There shall be no penalty during the appeal procedure set forth in Section 505.070 of this Chapter.
B. 
Any person removing any notices provided for in this Chapter shall be guilty of a misdemeanor and shall be punished as provided in Section 100.090 of this Code.
C. 
Any person who refuses to give access to a building or structure to the City Manager or his/her designee for purposes of inspection, whenever the City Manager or his/her designee requests such access because of a report or complaint that such building or structure may violate this Chapter, shall be guilty of a misdemeanor and shall be punished as provided in Section 100.090 of this Code.
D. 
Each day that a person fails to comply with an order issued pursuant to this Chapter may be deemed a separate offense.