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15, 2004, repealed ch. 505 "dangerous and unsafe structures" and enacted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.
A.
The
City Manager or his/her authorized representative:
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 (A)(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 (A)(4) 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."
[1]
Editor's Note: Ord. No. 4140 also changed the title of this
Section from "Duties of City Manager and Building Inspector" to "Duties
of City Manager Or His/Her Authorized Representative."
[Ord. No. 4137, 11-19-2018; Ord. No. 4537, 9-16-2019]
A.
The City Manager or his/her authorized representative shall:
1.
Make inspections of all structures and premises to safeguard
the safety, health and welfare of the public. Inspections may be made
on any structure for which a written complaint is filed by any person
to the effect that the structure is or may be in violation of the
standards established by the ordinances of the City of De Soto. An
inspection shall be made when a structure or premises becomes vacant
and before it is occupied again. Inspections may also be made on initiative
of the City of De Soto when it is apparent that there is or may be
a violation of the standards established by the ordinances of the
City of De Soto.
2.
If the structure is in compliance with the minimum standards
set forth in the Property Maintenance Code adopted under this Chapter,
then an occupancy permit shall be issued for the structure. No occupancy
permit shall be issued, nor shall water service be resumed or continued,
until the structure or premises meets the minimum standards according
to the current Property Maintenance Code of the City of De Soto.
3.
Any property owner who allows a structure to be occupied without
obtaining a property maintenance inspection and occupancy permit prior
to the structure being occupied shall be fined for the first violation
of this Section the sum of one hundred seventy-five dollars ($175.00).
Any subsequent violation shall be punished by a fine of up to five
hundred dollars ($500.00) and imprisonment of up to ninety (90) days,
or any combination of such fine and imprisonment. Each day the property
owner is in violation of this Section is a separate offense under
this Section.
4.
A person who occupies a structure without a required occupancy
permit shall be assessed a fine of one hundred seventy-five dollars
($175.00). Any subsequent violation shall be punished by a fine of
up to five hundred dollars ($500.00) and imprisonment of up to ninety
(90) days, or any combination of such fine and imprisonment. Each
day of occupancy is a separate offense under this Section.
B.
Occupancy Permit Application. The property owner shall complete the
occupancy permit application and shall pay all fees associated with
obtaining the occupancy permit. Any application for an occupancy permit
must be signed by at least one owner of the property.
[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".
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.
