Article I Generally
[Ord No. 1491 §1(7.080), 11-10-92]
"Dangerous buildings" are defined as any buildings which fall into one (1) or more of the following categories:
Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
Those which, exclusive of the foundation, show thirty-three percent (33%) or more of damage or deterioration of the supporting member or members or fifty percent (50%) of the damage or deterioration of the non-supporting enclosing or outside walls or covering.
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 reasonable safe for the purpose used.
Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the City of Eldon, Missouri.
Those which are so dilapidated, decayed, unsafe, 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, morals, safety or general welfare of those occupying such buildings.
Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.
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.
Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
Those which because of their condition are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of this City.
Those buildings existing in violation of any provisions of the building ordinance, the fire prevention ordinance or other ordinances of this City.
Those buildings which are uninhabited and are open at any place including doors, windows, walls or roof.
[CC 1988 §7.090]
All "dangerous buildings" within the terms of Section 505.010 are hereby declared to be public nuisances and shall be repaired, vacated and repaired or vacated and demolished as hereinbefore and hereinafter provided.
[CC 1988 §7.120]
The following standards shall be followed in substance by the Codes Enforcement Officer in ordering repair, vacation or demolition.
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.
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.
In any case where a "dangerous buildings" is fifty percent (50%) damaged, decayed or deteriorated, it shall be repaired or demolished. In all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this Chapter, it shall be demolished. In all cases where there is a violation of the terms of this Chapter or any ordinance of the City or Statute of the State of Missouri, it shall be repaired or demolished.
[CC 1988 §7.130]
The Codes Enforcement Officer shall:
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 which render such places a "dangerous building" within the terms of Section 505.010.
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.
Inspect any building, wall or structure reported (as hereinafter provided for) by the Fire, Health or Police Departments of this City as probably existing in violation of the terms of the Chapter.
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 where the land is located, of any building found by him/her to be a "dangerous building" within the standards set forth in Section 505.010 that:
The owner must vacate, vacate and repair or vacate and demolish said building in accordance with the terms of the notice and this Chapter;
The occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession;
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 where the land is located, may at his/her own risk repair, vacate or demolish or have such work or act done; provided, that any person notified under this Subsection to repair, vacate and repair or vacate and demolish any building shall be given such reasonable time not exceeding thirty (30) days unless, in the judgment of the Building Commissioner, it is determined to be necessary to extend such time to do or have done the work or specify, in writing, any additional, notice of the date to which said extension is made. All notices required under this Section will be served either by personal service or by certified mail, return receipt requested, but if service cannot be had by either of these modes of service, then service may be had by publication.
Set forth in one (1) 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 to be put in such conditions to comply with the terms of this Chapter within the time or extension thereof provided for above in Subsection (4).
Appear at all hearings conducted by the Building Commissioner and testify as to the condition of the "dangerous building".
If the Codes Enforcement Officer completes inspections of a building and finds it to be inherently dangerous and, in his/her opinion, constitutes a nuisance per se, upon approval of such finding exparte by the Building Commissioner, he/she shall place a notice on such building forthwith, reading as follows:
"This building has been found to be a "dangerous building" by the Codes Enforcement Officer. 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 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 where the land is located. It is unlawful to remove this notice until such notice is complied with."
Provided however, the approval of said 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.
[CC 1988 §7.140]
The position of Building Commissioner is hereby created to be filled by appointment by the Board of Aldermen. The Building Commissioner shall:
Supervise all inspections required by this Chapter and cause the Codes Enforcement Officer to make inspections and perform all duties required of him/her by this Chapter. Upon receiving a complaint or report from any source that a dangerous building exists in this City, he/she shall cause an inspection to be made forthwith. If he/she deems it necessary to the performance of his/her duties and responsibilities imposed herein, he/she may request an inspection and report be made to him/her by either the Fire Prevention Division of the Fire Department, the Police Department, or by any other City department or may retain services of an expert whenever he/she deems such service necessary.
Upon receipt of a report of the Codes Enforcement Officer as provided for in Section 505.040 hereof, give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building or structure as shown by the land records of the Recorder of Deeds of the County where the land is located to appear before him/her 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 and repaired or vacated and demolished in accordance with the statement of particulars set forth in the Codes Enforcement Officer's notice provided for herein in Section 505.040.
After twenty-one (21) days' notice, hold a hearing and hear such testimony as the Codes Enforcement Officer or 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 where the land is located shall offer relative to the dangerous building. Any party may be represented by counsel, and all parties shall have an opportunity to be heard.
After the hearing, if the evidence supports a finding that the building or structure is a nuisance or detrimental to the health, safety or welfare of the residents as provided in Section 505.010, issue an order based upon findings of fact made pursuant to Subsection (4) hereinabove commanding 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 where the land is located to repair, vacate and repair, or vacate and demolish any building found to be a dangerous building within the terms of this Chapter and 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 the owner or any person having an interest in said building as shown by the land records of the Recorder of Deeds in the County where the land is located may vacate and demolish said "dangerous building" at his/her own risk to prevent the acquiring by the City of a lien against the land where the "dangerous building" stands as provided in Subsection (6) hereof. If the evidence does not support a finding that the building or structure is a nuisance or detrimental to the health, safety or welfare of the residents of the City, no order shall be issued.
If the owner, occupant, mortgagee or lessee fails to comply with the order or extension thereof provided for in Subsection (5) hereof within thirty (30) days, the Building Commissioner shall cause such building or structure to be repaired, vacated and repaired or vacated and demolished as the facts may warrant under standards herein provided for in Section 505.030 of this Chapter, and the Building Commissioner shall certify the charge for such repair, vacation or demolition and its administrative cost to the Director of Finance as a special assessment represented by a special tax bill against the real property and be enforced to the same extent and in the same manner as other special tax bills. A taxpayer may elect to pay the special assessment in installments over a period of not more than ten (10) years, but said assessments shall bear interest per annum at the highest rate permitted by the State law until paid.
[CC 1988 §7.100]
The position of Assistant Building Commissioner is hereby created to be filled by appointment by the Mayor and Board of Aldermen of the City of Eldon, Missouri, said person to assume the duties of the office of Building Commissioner referred to in this Chapter upon the absence of the Building Commissioner from the City or due to his/her inability to act.
[Ord. No. 1491 §2, 11-10-1992]
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 and repaired or vacated and demolished, the Codes Enforcement Officer shall report such facts to the Building Commissioner and the Building Commissioner shall cause the immediate repair vacation or demolition of such "dangerous building". The costs of such emergency repair, shall be collected in the same manner as provided in Section 505.050(6) thereof.
[CC 1988 §7.150]
In cases, except emergency cases, where the owner, occupant, lessee or mortgagee is absent from the City, all notices or orders provided for herein shall be sent by registered mail to the owner, occupant, mortgagee, lessee and all other persons having an interest in the said building as shown by the land records of the Recorder of Deeds of the County where the land is located to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the "dangerous building" to which it relates. Such mailing and posting shall be deemed adequate service.
[CC 1988 §7.151]
All demolition permits shall be valid for a period of sixty (60) days from issuance unless otherwise extended.
[CC 1988 §7.152]
If a building is not demolished within the original time period, an extension may be granted by the Building Commissioner upon a written request outlining in detail the reasons why the demolition is expected to require more than sixty (60) days. Such extension shall be issued by the Building Commissioner only for good and sufficient cause and shall specifically state the reasons the extension was granted and the facts relied upon.
[CC 1988 §7.153]
The issuance of a demolition permit shall not stay the condemnation process for dangerous buildings as outlined in Sections 505.010 through 505.080 unless so ordered by the Building Commissioner. Such stay order shall be revoked in the event the terms of the demolition permit are not complied with by the holder of the permit and the City shall have the right to continue the condemnation and demolition process from that point forward as if no stay had been issued.
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:
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.
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 505.050. If the City has proceeded under the provisions of Subsection (6) of Section 505.050, all monies in excess of that necessary to comply with the provisions of Subsection (6) of Section 505.050 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.
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.
This Section shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.
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.
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.
[CC 1988 §7.160]
General. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Chapter or other applicable ordinances, codes, rules or regulations promulgated thereunder.
Penalty For Disregarding Notices Of Order. The owner of any "dangerous building" who shall fail to comply with any notice or order to repair, vacate or demolish said building given by any person authorized by Sections 505.010 to 505.080 to give such notice or order shall be guilty of a misdemeanor and upon conviction thereof shall be subject to punishment, as set forth in Section 100.130.