[Code 1999 §505.010]
It is the purpose of this Chapter to provide a just, equitable
and practicable method for the repairing, vacation or demolition of
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 now are in existence or that may
hereafter exist in the City of Seymour, Missouri.
[Code 1999 §505.020]
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 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 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 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.
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 this City.
[Code 1999 §505.030]
All dangerous buildings or structures, as defined by Section 505.020 of this Chapter, are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided herein.
[Code 1999 §505.040]
A.
The
following standards shall be followed in substance by the Building
Inspector and the Building Commissioner 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.
[Code 1999 §505.050]
The Building Inspector shall be the Building Inspector(s) within
the meaning of this Chapter.
[Code 1999 §505.060]
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 Webster 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, then 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
Webster 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 required 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,
a statement indicating that as 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 Building Commissioner 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 Building Commissioner and
testify as to the condition of dangerous buildings.
8.
Immediately report to the Building Commissioner concerning any building
found by him/her to be inherently dangerous and that he/she determined
to be a nuisance per se. The Building Commissioner 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 Webster County. It
is unlawful to remove this notice until such notice is complied with."
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Provided however, that the order by the 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.
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[Ord. No. 726, 3-10-2016]
A.
Scope And Application Of Warrant. Upon application to the Seymour
Municipal Court, and a showing of probable cause, the court may approve
the issuance of an administrative search warrant allowing inspection
of private property in order to enforce the City's Code and in
order to abate such conditions.
B.
Application For Warrant.
1.
Any individual responsible for enforcement of the City's
Code provisions concerning property may motion the court through the
City Attorney for permission to enter said property in order to enforce
the City's Codes and to abate conditions that are in violation
of such Codes.
2.
The warrant application shall:
a.
Be in writing and filed with the municipal court.
b.
Include a statement of probable cause, detailing the actual
or suspected property conditions that justify entry.
c.
Identify the property or place to be entered, searched, inspected,
or seized so that it is of sufficient detail and particularity that
the court and any officer executing the warrant could readily ascertain
it. The request shall include that said property is within the City
limits.
d.
Include the date and time that entry into said property was
refused, and who was present when the refusal took place. If no responsible
person could be located, the application must list all efforts made
to request consent.
e.
State specifically what sections of the City's Codes are
believed to be violated by the property in question and are sought
to be enforced.
f.
Include copies of the Code in question.
g.
State specifically the time and date requested to perform search;
which shall be during daylight hours.
h.
Be verified by oath or affirmation of the applicant, and be
signed by the applicant and the City Attorney.
i.
State the time and date of making the application.
j.
State the facts sufficient to show probable cause for the issuance
of an administrative search warrant in accordance with the procedure
outlined in this Section to warrant:
k.
Where the application requests entry to seize property, such
application shall also state facts sufficient to show that any required
due process has been afforded prior to the entry or seizure.
l.
Such application may also be supplemented by written affidavit.
C.
Issuance Of Warrant — Hearing And Procedure.
1.
The municipal judge shall hold a non-adversary hearing to determine
whether probable cause exists to inspect or search for violations
of any Codes, or to enforce any such Code.
2.
In doing so, the municipal judge shall determine whether the
action to be taken by the officer is reasonable in light of the facts
stated. The municipal judge shall consider the goals of the ordinance
or Code Section sought to be enforced and such other factors as may
be appropriate, including, but not limited to, the physical condition
of the specified property, the age and nature of the property, the
condition of the area in which the property is located, the known
violation of any relevant ordinances or Code Sections and the passage
of time since the property's last inspection. The standard for
issuing a warrant need not be limited to actual knowledge of an existing
violation of an ordinance or Code Section.
3.
If it appears from the application and any supporting affidavit
that there is probable cause to inspect or search for violations of
any relevant Code Section, or to enforce any such Code Section, a
search warrant shall immediately be issued.
4.
The warrant shall issue in the form of an original and two (2)
copies. The application, any supporting affidavit, and one (1) copy
of the administrative search warrant (as issued) shall be retained
in the municipal court records.
D.
Contents Of Warrant. The warrant shall:
1.
Be in writing and in the name of the City.
2.
Be directed to the police officer who will accompany and execute
the warrant with the Code Official.
3.
State the time and date that the warrant was issued.
4.
Identify the location or property in sufficient detail and particularity
that the officer executing the warrant can readily ascertain it.
5.
Command that the described property or places be searched or
entered upon, and that any evidence of any City Code violations found
therein or thereon, or any property seized pursuant thereto, or a
description of such property seized, be returned within ten (10) days
after filing of the application to the municipal judge who issued
the warrant, or his/her municipal court clerk, so such evidence, property,
or description of such property may be dealt with according to law.
6.
Include the Code sought to be enforced along with a copy therewith.
The warrant shall include a return and inventory form for the applicant
to return to the court after the completion of the search.
7.
Specify the service conditions of the warrant, including that
service to take place during daylight hours and within ten (10) days
of application.
8.
Be signed by the municipal judge, with his/her office title
indicated.
E.
Execution And Return.
1.
The warrant shall be executed by a City Police Officer, to be
accompanied by the applicant officer, upon the property in question
as soon as practicable and in the most reasonable and practicable
manner as possible.
2.
A copy of the warrant shall be provided to the owner or occupant
of the property entered, and, if no owner or occupant can be reached,
the warrant shall be conspicuously placed upon the property in lieu
of personal service.
3.
If any property is seized incident to the entry, the officer
shall prepare and give the person an itemized receipt for the property
in question. If no such person is present, the receipt shall be left
in a conspicuous place. Copies of this receipt shall be forwarded
to the court clerk of the municipal court, as well as the City Attorney.
4.
The disposition of property seized shall be in accordance with
the provisions of this Section and taken as evidence. Such property
shall be disposed of pursuant to Section 542.301, RSMo., and relevant
provisions of this Code.
5.
The officer may summon as many person as he deems necessary
to assist in executing the warrant.
6.
The warrant shall expire if not acted upon within ten (10) days
of its application.
7.
After execution, a return signed by the officer executing the
warrant shall be delivered to the municipal court and shall include
the following:
a.
The time and place of execution, including upon whom service
was made.
b.
A report of the search and any seizure accompanying the warrant.
This shall include an itemized receipt of any items seized, and copies
of any photographs or recordings made.
c.
The return shall be made immediately after the warrant execution.
d.
The court shall provide, upon written request made in person,
a copy of the return to the owner of the property entered or seized.
[Code 1999 §505.070]
The Mayor shall act as Building Commissioner under this Chapter.
[Code 1999 §505.080]
A.
The
Building Commissioner shall have the powers and duties pursuant to
this Chapter to:
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 Building Commissioner shall cause an inspection to be made forthwith.
If the Building Commissioner deems it necessary to the performance
of his/her duties and responsibilities imposed herein, the Building
Commissioner may request an inspection and report be made by any other
City department or retain services of an expert whenever the Building
Commissioner deems such service necessary.
2.
Upon receipt of a report from the Building Inspector indicating failure
by the owner, lessee, occupant, mortgagee, agent or other persons(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, hold
a hearing giving the affected parties full and adequate hearing on
the matter.
3.
Give written notice of said hearing, either by personal service or
by certified mail, return receipt requested, or if service cannot
be had by either of those modes of service, then by publication in
a newspaper qualified to publish legal notices, at least ten (10)
days in advance of the hearing date, 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 Webster County
who may appear before the Building Commissioner 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 Building
Inspector's notice as provided herein. Any party may be represented
by counsel and all parties shall have an opportunity to be heard.
4.
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.
5.
If the evidence supports a finding based upon competent and substantial
evidence that the building or structure is a dangerous building and
a nuisance and detrimental to the health, safety or welfare of the
residents of the City, the Building Commissioner shall issue an order
based upon its findings of fact commanding the owner, occupant, mortgagee,
lessee, agent or other persons(s) having an interest in said building
as shown by the land records of the Recorder of Deeds of Webster County
to repair, vacate or demolish any building found to be a dangerous
building and to clean up the property, 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 may vacate and demolish said dangerous building at
his/her own risk to prevent the acquiring by the City of the lien
against the land where the dangerous building stands. If the evidence
does not support a finding that a building or structure is a dangerous
building or a nuisance or detrimental to the health, safety or welfare
of the residents of the City, no order shall be issued
6.
If the owner, occupant, mortgagee or lessee fails to comply with the order within thirty (30) days, the Building Commissioner shall cause such building or structure to be repaired, vacated or demolished and the property cleaned up as the facts may warrant. If the Building Commissioner or other designated officer or officers 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 therefor against the property to be prepared and collected by the City Collector or other official collecting taxes, unless the building or structure is demolished, secured or repaired by a contractor pursuant to an order issued by the City and such contractor files a mechanic's lien against the property where the dangerous building is located. The contractor may enforce this lien as provided in Sections 429.010 to 429.360, RSMo. Except as provided in Section 505.090, 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 a rate of eight percent (8%) per annum until paid.
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 Subsection.
This Subsection 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 Subdivision (1) 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 under the provisions of Subsection (6) of Section 505.080. If the City has proceeded under the provisions of Subsection (6) of Section 505.080, all monies in excess of that necessary to comply with the provisions of Subsection (6) of Section 505.080 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 its insurance policy.
E.
The Building Commissioner 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 Building Commissioner 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.
[Code 1999 §505.100]
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 Webster County may appeal such decision to the Circuit Court of Webster 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 505.080 hereof. Otherwise, the appeal shall be made pursuant to the procedures provided for in Section 536.150, RSMo.
[Code 1999 §505.110; Ord. No. 661 §1, 5-26-2011]
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, or in the absence of a Building Inspector, the City Administrator, shall report such facts to the Building Commissioner and the Building Commissioner 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 Sections 505.080 and 505.090.
[Code 1999 §505.120]
The owner, occupant or lessee in possession of any dangerous building who shall fail to comply with the order to repair, vacate or demolish said building given by the Building Commissioner or who shall fail 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 an ordinance violation and upon conviction thereof shall be fined in accordance with Section 100.220 of this Code. Each day that a person fails to comply with an order of the Building Commissioner may be deemed a separate offense.
