City of Aurora, MO
Lawrence County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Editor's Note — Ord. no. 2008-2804 §1, adopted September 9, 2008 repealed ch. 510 "dangerous and unsafe buildings" and enacted new provisions set out herein. Former ch. 510 derived from CC 1972 §6-14; ord. no. 84-1853, 6-11-1984; CC 1988 §5-61; ord. no. 97-2295 §§1 — 2, 11-11-1997.
[Ord. No. 2008-2804 §§1 — 2, 9-9-2008]
These regulations shall be known as the "Dangerous and Unsafe Structure Ordinance" of the City.
[Ord. No. 2008-2804 §§1 — 2, 9-9-2008]
The terms "Building Inspector", "Building Official", "City Engineer" and "Zoning Inspector" shall mean such person or persons as may from time to time be designated by the City Manager to perform the duties and functions outlined in this Chapter.
[Ord. No. 2008-2804 §§1 — 2, 9-9-2008]
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 which 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 structures, as herein defined, which are now in existence or which may hereafter exist in the City.
[Ord. No. 2008-2804 §§1 — 2, 9-9-2008]
An "unsafe structure" is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or is of such faulty construction or unstable foundation that partial or complete collapse is possible.
[Ord. No. 2008-2804 §§1 — 2, 9-9-2008]
All dangerous and unsafe structures within the meaning of Section 510.030 are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided in Chapter 510.
[Ord. No. 2008-2804 §§1 — 2, 9-9-2008]
A. 
The standards used to determine the safe and healthy condition of structures within the City shall be as outlined in applicable Sections of the Municipal Code of the City of Aurora and all other codes relating to structures within the City of Aurora as adopted by the City Council.
Based on the findings of the Building Official and/or the Building Board of Appeals:
1. 
If the dangerous and unsafe structure can reasonably be repaired so that it will no longer exist in violation of this Chapter, it shall be ordered repaired.
2. 
If the dangerous and unsafe structure 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 dangerous and unsafe structure cannot be repaired so that it will no longer exist in violation of this Chapter, it shall be demolished.
4. 
In all cases where a dangerous and unsafe structure is a fire hazard existing or erected in violation of this Chapter or any ordinance of this City or Statute of this State, it shall be repaired or demolished.
[Ord. No. 2008-2804 §§1 — 2, 9-9-2008]
A. 
The Building Official shall have the duty under this Chapter to:
1. 
Inspect or cause to be inspected, as often as may be necessary, all structures within the City (residential, institutional, assembly, commercial, industrial, garage, special or miscellaneous occupancy, walls, etc.) for the purpose of determining whether any conditions exist which render such structures as a dangerous and unsafe structure when he/she has reasonable grounds to believe that any such structure is dangerous and unsafe.
2. 
Inspect or cause to be inspected any structure within the City (refer to paragraph 1) upon receipt of a complaint from any source that such structure is or may be existing in violation of this Chapter and shall determine if there are reasonable grounds to believe that such structure is dangerous and unsafe.
3. 
Subsequent to inspecting or causing the inspection of a structure, determine if the structure is or is not existing in violation of this Chapter. If the structure is found to be in violation of this Chapter the Building Official shall declare the structure dangerous and unsafe and a public nuisance.
4. 
Place a placard or written notice on the structure found by the Building Official to be dangerous and unsafe and a public nuisance. The placard or notice reading substantially as follows:
"This structure has been found to be a dangerous and unsafe structure by the Building Official. This notice is to remain on this structure until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagee or agent of the structure, and all other persons having an interest in said structure, as shown by the land records of the Recorder of Deeds of Lawrence County. It is unlawful to remove this placard until such notice of repair, vacation or demolition is complied with."
5. 
Upon determining the structure is dangerous and unsafe and a public nuisance as defined by Sections 510.030 and 510.040, prepare a written notice ordering the structure repaired, vacated or demolished as the circumstances require. The notice shall include:
a. 
A description of the property so as to separate it from all other properties.
b. 
A description of the condition resulting in the existing violation.
c. 
A declaration that the structure is dangerous and unsafe and as such a public nuisance.
d. 
A statement ordering the repair, vacation or demolishing of the structure or combination thereof.
e. 
The date by which such order is to take effect and the amount of time for compliance.
f. 
An explanation of actions that will be taken if there is non-compliance of the order or if there is failure to proceed continuously with the work without unnecessary delay.
Such written notice shall be served upon the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the structure as shown by the land records of the Recorder of Deeds of County wherein the structure is located as parties. The written notice shall 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 can be made by publication.
6. 
In instances of non-compliance, prepare and schedule a hearing before the Building Board of Appeals.
7. 
Appear at all hearings conducted by the Building Board of Appeals and testify as to the condition of the declared dangerous and unsafe structures.
[Ord. No. 2008-2804 §§1 — 2, 9-9-2008]
A. 
Upon failure to commence work or failure to proceed continuously with the work without unnecessary delay or vacation as ordered:
1. 
The Building Official shall schedule a hearing before the Building Board of Appeals giving all concerned parties at least ten (10) days' written notice of the hearing.
2. 
The Building Board of Appeals shall conduct a full and adequate hearing upon the matter.
3. 
Any party may be represented by counsel and all parties shall have an opportunity to be heard.
4. 
After the hearing, if the evidence supports a finding that the structure is a nuisance and dangerous and unsafe, detrimental to the health, safety or welfare of the residents of the City as a public nuisance, the Board of Appeals shall issue an order making specific findings of fact, based upon competent and substantial evidence, which shows the structure to be a nuisance and dangerous and unsafe and detrimental to the health, safety or welfare of the residents of the City as a public nuisance and ordering the structure to be demolished and removed or repaired.
5. 
If the evidence does not support a finding that the structure is a public nuisance and dangerous and unsafe and detrimental to the health, safety or welfare of the residents of the City as a public nuisance, no such order is to be issued.
[Ord. No. 2008-2804 §§1 — 2, 9-9-2008]
Any owner, occupant, lessee, mortgagee, agent or any other person having an interest in a dangerous and unsafe structure and declared a public nuisance by the Building Board of Appeals as shown by the land records of the Recorder of Deeds of Lawrence County may, within thirty (30) days after the mailing or delivery of the notice of the Board's final decision, file a petition of appeal in the Lawrence County Circuit Court pursuant to the procedures established in Chapter 536, RSMo.
[Ord. No. 2008-2804 §§1 — 2, 9-9-2008]
In cases where it reasonably appears that there is an eminent, immediate danger to health, life or safety of any person(s) unless a dangerous and unsafe structure as defined herein is immediately repaired, vacated or demolished, the Building Official shall convene without undue delay an emergency hearing with the Building Board of Appeals, ensuring notifications to interested parties (see Section 510.060(5) are made regarding the hearing. The Board of Appeals shall determine the appropriateness of the dangerous and unsafe condition and public nuisance declaration regarding the concerned structure. In addition, the Board shall determine the appropriateness of the emergency classification. If the public nuisance declaration is found to be true and an emergency situation is affirmed by the Board, the Board of Appeals shall issue an order to board up, repair, vacate or demolish the structure forthwith. Costs of such emergency boarding up, repair, vacation or demolition of such dangerous and unsafe structure shall be collected in the same manner as provided in Section 510.095.
[Ord. No. 2008-2804 §§1 — 2, 9-9-2008]
If the owner, occupant, mortgagee or lessee fails to comply with the Building Board of Appeals order within thirty (30) days; or if appealed to the Circuit Court and the order is upheld and not complied with within thirty (30) days, the Building Official is authorized to cause the order to be carried out at the expense of the City. The Building Official shall certify the charge for such repair, vacation or demolition to the City Clerk as a special assessment represented by a special tax bill against the real property affected. At the request of the taxpayer, the special tax may be paid in installments over a period of not more than ten (10) years at an interest rate of eight percent (8%) per annum until paid. The special tax bill from 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.
[Ord. No. 2008-2804 §§1 — 2, 9-9-2008]
A. 
If there are proceeds of any insurance policy based on a covered claim payment for damage or loss to a building or other structure arising out of or caused by fire, explosion or other casualty loss, and said covered claim payment exceeds fifty percent (50%) of the face value of the policy covering said building or other structure, then the insurer shall pay to the City of Aurora a sum equal to twenty-five percent (25%) of the covered claim within thirty (30) days of the determination of coverage to be held by the City in an interest-bearing account. Said proceeds shall be used to reimburse the City for its costs in the removal of said building or other structure on the premises.
B. 
The City shall release the proceeds paid to it pursuant to Subsection (A) of this Section to the insured or in accordance with the provisions of the insurance policy and endorsements thereto as directed by the insurer unless, within thirty (30) days after receipt of said insurance proceeds, the designated official of the City has commenced an action under Section 510.010 et seq., for the building or other structure to be repaired, secured or demolished.
C. 
The City shall apply the insurance proceeds first to the cost of the removal of any building or other structure on the premises found to be a nuisance as defined in Section 510.040, less any salvage value, prior to the expenditure of any City funds. Should any balance of any proceeds remain in the interest-bearing account after the expense of removal of said building or structure has been paid, said balance shall be paid over to the insured.
D. 
Nothing in this Section shall be construed to affect the priority of a named mortgagee on the insurance policy to the proceeds of said policy.
E. 
It shall be unlawful for an insurance carrier to fail to pay insurance proceeds to the City after being notified pursuant to this Section.
F. 
Any person violating provisions of this Section shall be fined not less than one hundred dollars ($100.00) but not more than five hundred dollars ($500.00) or by imprisonment for a period not exceeding three (3) months, or by both such fine and imprisonment.
[Ord. No. 2008-2804 §§1 — 2, 9-9-2008]
This Chapter is enacted pursuant to authority granted in Section 67.400 et seq., RSMo., 1969.
[Ord. No. 2008-2804 §§1 — 2, 9-9-2008]
Conflicts with Sections of this Chapter and other Chapters or Sections of the Municipal Code or any other code adopted by the City Council shall be resolved in favor of Chapter 510. Nothing in this Chapter is intended to be in conflict with relevant Chapters or Sections of the Revised Statutes of Missouri.