City of Marshfield, MO
Webster County
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Table of Contents
Table of Contents
[R.O. 2014 §508.010; Ord. No. 1509 §1, 11-10-2011]
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 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 Marshfield, Missouri.
[R.O. 2014 §508.020; Ord. No. 1509 §2, 11-10-2011]
A. 
All buildings 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 reasonability 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.
[R.O. 2014 §508.030; Ord. No. 1509 §3, 11-10-2011]
All dangerous buildings, as defined by Section 508.020, are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as provided.
[R.O. 2014 §508.040; Ord. No. 1509 §4, 11-10-2011]
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 reasonably can 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.
[R.O. 2014 §508.050; Ord. No. 1509 §5, 11-10-2011]
The Building Inspector shall be the officer charged with the administration and enforcement of the Building Code and this Chapter of the City's Municipal Code of Ordinances.
[R.O. 2014 §508.060; Ord. No. 1509 §6, 11-10-2011]
A. 
The Building Inspector 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 places a dangerous building when he 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 the City as probably existing in violation of this Chapter.
4. 
Notify in writing, 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) successive weeks, 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 Webster County of any building found by him to be a dangerous building within the standards set forth in Section 508.020. The notice required shall state that:
a. 
The owner must vacate, vacate and repair, or vacate and demolish said building 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 the County wherein the land is located may, at his/her/its own risk, repair, vacate or demolish or have such work done, provided that any person notified under this Subsection to repair, vacate or demolish any building shall be given such reasonable time not exceeding thirty (30) days to commence the required work.
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 and an order requiring the designated work to be commenced within the time provided for in the above Subsection.
5. 
Report in writing to the City Building Commissioner the non-compliance with any notice to vacate, repair or demolish or upon the failure to proceed continuously with the work without unnecessary delay.
6. 
Appear at all hearings conducted by the Building Commissioner and testify as to the condition of dangerous buildings.
7. 
Immediately report to the Building Commissioner concerning any building found by the Building Inspector to be inherently dangerous and that the Building Inspector 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:
"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 or demolished in accordance with the notice that has been given the owner, occupant, lessee, mortgagee or agent of his 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."
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.
[R.O. 2014 §508.070; Ord. No. 1509 §7, 11-10-2011]
The Mayor, with the consent and approval of a majority of the members of the Board of Aldermen, shall appoint a Building Commissioner.
[R.O. 2014 §508.080; Ord. No. 1509 §8, 11-10-2011; Ord. No. 1954, 7-23-2020[1]]
A. 
The Building Inspector 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 places 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 Protection District or Police Department as probably existing in violation of this Chapter.
4. 
Notify, in writing, 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) successive weeks, 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 Webster County of any building found by him/her to be a dangerous building within the standards set forth in Section 508.020. The notice required shall state that:
a. 
The owner must vacate, vacate and repair, or vacate and demolish said building 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 the County wherein the land is located may, at his/her/its own risk, repair, vacate or demolish or have such work done, provided that any person notified under this Subsection to repair, vacate or demolish any building shall be given such reasonable time not exceeding thirty (30) days to commence the required work.
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 and an order requiring the designated work to be commenced within the time provided for in the above Subsection.
5. 
Report, in writing, to the City Building Commissioner the non-compliance with any notice to vacate, repair or demolish or upon the failure to proceed continuously with the work without unnecessary delay.
6. 
Appear at all hearings conducted by the Building Commissioner and testify as to the condition of dangerous buildings.
7. 
Immediately report to the Building Commissioner concerning any building found by the Building Inspector to be inherently dangerous and that the Building Inspector 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:
"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 or demolished 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."
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.
[1]
Editor's Note: Ord. No. 1954 also changed the title of this Section from "Duties of The Building Commissioner" to "Duties of Building Inspector— Procedures and Notice."
[R.O. 2014 §508.090; Ord. No. 1509 §9, 11-10-2011]
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 the County wherein the land is located, may, within thirty (30) days from the receipt of the order of the Building Commissioner, appeal such decision to the Circuit Court of the County wherein the land is located pursuant to the procedure established in Chapter 536, RSMo.
[R.O. 2014 §508.100; Ord. No. 1509 §10, 11-10-2011]
In cases where it reasonably appears that there is immediate danger to the health, life or safety of any person unless a dangerous building, as defined herein, is immediately repaired, vacated or demolished, the Building Inspector 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 Section 508.080(5).
[R.O. 2014 §508.110; Ord. No. 1509 §11, 11-10-2011]
A. 
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 shall be guilty of a misdemeanor and upon conviction shall be punishable as set forth in Section 508.120.
B. 
Any person removing any notices provided for in this Chapter shall be guilty of a misdemeanor and upon conviction shall be punished in accordance with Section 508.120.
[R.O. 2014 §508.120; Ord. No. 1509 §12, 11-10-2011]
Any person violating the provisions of this Chapter is guilty of a misdemeanor 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 Commissioner may be deemed a separate offense.