[CC 1997 §5A.010; Ord. No. 513 §1, 12-11-1995; Ord. No. 597 §1(5A.035), 12-13-1999; Ord. No. 625 §§1(5A.020 — 5A.060), §2, 11-12-2001; Ord. No. 764 §1, 11-13-2008]
A.
This
Section shall be known and may be cited as "the Property Maintenance
Code".
B.
There
is hereby adopted as the rules and regulations governing all matters
affecting or relating to buildings or structures within the City,
the rules and regulations promulgated by the Building Officials and
Code Administrators International, Inc. and designated as the "International
Property Maintenance Code, 2003", as amended herein, three (3) copies
of which are on file in the office of the City Clerk.
C.
Notwithstanding any provision to the contrary, no rule or regulation contained in the Property Maintenance Code adopted in this Section 505.020 shall require residents of the City of Oakland to comply with any occupancy permitting process or procedure contained in the Property Maintenance Code.
D.
Chapter
5 "General Building Limitations" Section 503 "General Height and Area
Limitations" of the BOCA National Building Code shall have an additional
provision to be identified as 503.4 "Square Footage Requirements"
which shall read: "Every dwelling hereafter erected shall have a total
floor area of not less than one thousand eight hundred (1,800) square
feet, measuring from the outside of the exterior walls and including
utility rooms but excluding cellars, basements, open porches, breezeways
and garages."
E.
Section 108 "Unsafe Structures and Equipment" and Section 110 "Demolition" are hereby deleted and, in lieu thereof the provisions set forth in Section 505.030 which is incorporated herein and is hereby enacted.
F.
Section
111 is hereby adopted so that the term "Board of Appeals" shall mean
the Board of Aldermen. Section 108.2 is hereby deleted. All other
provisions that are inconsistent with the Board of Aldermen serving
as the Board of Appeals are hereby also deleted.
G.
Any
person, firm, corporation, institution or organization or representative
thereof violating any of the provisions of this Article shall, upon
conviction thereof, be punished in the Municipal Court of the City
of Oakland, Missouri, by a fine not to exceed the maximum allowed
by Missouri law or by imprisonment not to exceed the maximum allowed
by Missouri law or by both such fine and imprisonment. Each day a
violation continues after actual notice to either the responsible
individual, person, firm, institution, corporation or organization
or representative thereof to whom the permit was issued or to the
owner or both or to the legally authorized representative of the permit
holder, owner or both shall constitute a separate violation. In addition
to the penalties prescribed herein, the Mayor, by and through the
City Attorney, may take such other action, either at law or in equity,
that he/she deems necessary in order to execute and enforce the provisions
of this Chapter.
H.
Throughout
the International Property Maintenance Code, 2003, wherever the terms
"Name of Jurisdiction" or "Local Jurisdiction" appear, it shall be
deemed to mean the City of Oakland, Missouri. Likewise, wherever the
term "Department of Building Inspection" appears, it shall be deemed
to mean the Ordinance Enforcement Official for the City of Oakland.
Wherever the term "code" appears, it shall mean the International
Property Maintenance Code, 2003.
[Ord. No. 625 Exh.
A (PM-108.1 — PM-108.13), 11-12-2001]
A.
The following Sections
of the Property Maintenance Code adopted herein are revised as follows:
|
SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT AND DEMOLITION
|
1.
PM-108.1 Purpose and Scope. It is the purpose of this
ordinance 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 building or the general public and this ordinance
shall apply to all dangerous buildings, as herein defined, that now
are in existence or that may hereafter exist in the City of Oakland,
Missouri.
2.
PM-108.2 Dangerous Buildings, Structures Defined.
1.
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":
(a)
Those with interior walls or other vertical structural members
that list, lean or buckle to such extent that a plumb line passing
through the center of gravity falls outside the middle third of its
base.
(b)
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 a non-supporting
enclosure or outside walls or coverings.
(c)
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.
(d)
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.
(e)
Those that are so old, 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 buildings.
(f)
Those having light, air and sanitation facilities that are inadequate
to protect the health, safety or general welfare of human beings who
may live therein.
(g)
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.
(h)
Those that have parts thereof that are so attached that they
may fall and injure members of the public or property.
(i)
Those that because of their condition are unsafe, unsanitary
or dangerous to the health, safety or general welfare of the people
of this City.
(j)
Those which have been found to be dilapidated, unsafe or uninhabitable
or from which any person has been ordered to vacate the premises by
reason of their dilapidated, unsafe or uninhabitable condition by
any court of competent jurisdiction.
(k)
Those that have been boarded up in violation of Section PM-119.0.
2.
"Unsafe equipment" means any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
structure that is in such disrepair or condition that such equipment
is a hazard to life, health, properly or safety of the public or occupants
of the premises or structure.
3.
"Structure unfit for human occupancy" means a structure
that the Ordinance Enforcement Official finds is unsafe, unlawful
or, because of the degree to which the structure is in disrepair or
lacks maintenance, is unsanitary, vermin or rat infested, contains
filth and contamination or lacks ventilation, illumination, sanitary
or heating facilities or other essential equipment required by this
code, or because the location of the structure constitutes a hazard
to the occupants of the structure or to the public.
4.
"Unlawful structure" means a structure found in whole or in part
to be occupied by more persons than permitted under this code or was
erected, altered or occupied contrary to law.
3.
PM-108.3 Dangerous Buildings and Dangerous Equipment Declared
a Nuisance. All dangerous buildings, dangerous equipment, structures
unfit for human occupancy and unlawful structures are hereby declared
to be public nuisances and shall be repaired, vacated or demolished
as provided herein.
4.
PM-108.4 Standards for Repair,
Vacation or Demolition. The following standards shall be followed
in substance by the Mayor, or such other administrative officer as
the Mayor shall designate, in ordering repair, vacation or demolition
of any dangerous building, dangerous equipment or structure unfit
for human occupancy:
(a)
If the dangerous building, dangerous equipment or structure unfit
for human occupancy reasonably can be repaired so that it no longer
will exist in violation of the terms of this ordinance, I shall be
ordered repaired.
(b)
If the dangerous building, dangerous equipment or structure unfit
for human occupancy 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.
(c)
In all cases where a dangerous building or structure unfit for human
occupancy cannot be repaired so that it no longer will exist in violation
of the terms of this ordinance, it shall be demolished. In all cases
where dangerous equipment cannot be repaired so that it no longer
will exist in violation of the terms of this ordinance, it shall be
removed from the premises.
(d)
In all cases where a dangerous building or structure unfit for human
occupancy is a fire hazard existing or erected in violation of the
terms of this ordinance or any ordinance of this City or Statute of
the State of Missouri, it shall be repaired or demolished. In all
cases where dangerous equipment is a fire hazard existing or erected
in violation of the terms of this ordinance or any ordinance of this
City or Statute of the State of Missouri, it shall be removed from
the premises.
5.
PM-108.5 Building Inspector. The Ordinance Enforcement
Official and all City Police Officers and all other City employees
so designated by the Mayor shall be Building Inspectors within the
meaning of this ordinance.
6.
PM-108.6 Duties
of Building Inspector; Procedure and Notice. Building Inspectors
shall have the duty under this ordinance to:
(a)
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 any such place a dangerous
building when the Building Inspector has reasonable grounds to believe
that any such building is dangerous.
(b)
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 exist in violation of this ordinance and the Building Inspector
determines that there are reasonable grounds to believe that such
building, wall or structure is dangerous.
(c)
Inspect any building, wall or structure recorded by the Fire or Police
Department of this City as probably existing in violation of this
ordinance.
(d)
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 St. Louis County of any building
found by him/her to be a dangerous building within the standards set
forth herein.
The notice required shall state that:
(i)
The owner must vacate, vacate and repair or vacate and demolish
said building, wall or structure and clean up the lot or property
on which the building, wall or structure is located in accordance
with the terms of the notice and this ordinance;
(ii)
The occupant or lessee must vacate said building or structure
or have it repaired in accordance with the notice and remain in possession;
(iii)
The mortgagee, agent or other persons having an interest in
said building or structure as shown by the land records of the Recorder
of Deeds of St. Louis may, at his/her own risk, repair, vacate or
demolish the building or structure and clean up the property or have
such work done, provided that any person notified under this Subsection
to repair, vacate or demolish any building or structure or clean up
the property shall be given such reasonable time, not to exceed thirty
(30) days, to commence the required work.
(e)
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 shall be commenced within
the time provided for in the above Subsection.
(f)
Report in writing to the Ordinance Enforcement Official the non-compliance
with any notice to vacate, repair, demolish, clean up the property
or the failure to proceed continuously with the work without unnecessary
delay.
(g)
Appear at all hearings conducted by the Ordinance Enforcement Official
and testify as to the condition of dangerous buildings.
(h)
Immediately report to the Ordinance Enforcement Official concerning
any building found by him/her to be inherently dangerous and that
he/she determined it to be a nuisance per se. The Ordinance Enforcement
Official may direct that such building or structure be marked or posted
with a written notice reading substantially as follows:
"This building (or structure) has been found to be a dangerous
building by the Building Inspector. This notice is to remain on this
building (or structure) 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 to 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 St. Louis County. It is unlawful to remove this notice until such
notice is complied with."
Provided however, that the order by the Ordinance Enforcement
Official and the posting of the notice shall not be construed to deprive
all persons entitled thereto by this ordinance to the notice and hearing
prescribed herein.
7.
PM-108.7 Ordinance Enforcement Official. The Mayor shall
designate the person who shall act as Ordinance Enforcement Official.
8.
PM-108.8 Duties
of the Ordinance Enforcement Official. The Ordinance Enforcement
Official shall have the power to:
(a)
Supervise all inspections and cause the Building Inspector to make
inspections and perform all the duties required of him/her. Upon receiving
a complaint or report from any source that a dangerous building exists
in the City, the Ordinance Enforcement Official shall cause an inspection
to be made forthwith. If the Ordinance Enforcement Official deems
it necessary to the performance or his/her duties and responsibilities
imposed herein, the Ordinance Enforcement Official may request that
an inspection and report be made by any other City department or may
retain the services of an expert whenever the Ordinance Enforcement
Official deems expert assistance to be necessary.
(b)
Call a hearing, upon receipt of a report from the Building Inspector
indicating a failure by the owner, lessee, occupant, mortgagee, agent
or other persons having an interest in a dangerous building or structure
to commence work of reconditioning or demolition within the time specified
by this ordinance or upon failure to proceed continuously with work
without unnecessary delay, before the Mayor (the "Hearing Officer")
giving the affected parties full and adequate hearing on the matter.
(c)
Issue written notice, either by personal service or by certified
mail, return receipt requested or by publication for two (2) successive
weeks, 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 St. Louis County to appear before the Mayor 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.
(d)
Make written findings of fact from the evidence offered at said hearing
as to whether the building in question is a dangerous building.
(e)
If the owner, occupant, mortgagee or lessee fails to comply with an order within thirty (30) days, the Ordinance Enforcement Official shall cause such building or structure to be repaired, vacated or demolished and the property cleaned up as the facts may warrant; and the Ordinance Enforcement Official shall certify the cost of the work borne by the City for such repair, vacation, demolition or clean up to the City Clerk as a special assessment represented by a special tax bill against the real property affected; such a tax bill shall be a lien upon the property and shall be deemed a personal debt against the property owner(s) 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. Such a contractor may enforce this lien as provided in Sections 429.010 to 429.360 of the Revised Statutes of Missouri. Except as provided in Subsection (f) of this Section, at the request of the taxpayer, this special tax bill may be paid in installments over a period of not more than ten (10) years. A tax bill or assessment under this Subsection (e) shall bear interest at the rate of eight percent (8%) per annum until paid in full.
(f)
As to damage or loss to a building or other structure caused by or
arising out of any fire, explosion or other casualty loss, if an order
is issued as provided in PM-108.85 and a special tax bill or assessment
is issued against the property, it shall be deemed a personal debt
against the property owner(s). If there are proceeds of any insurance
policy based upon a covered claim being 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 Subdivisions (i) and (ii) of 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 a policy covering
the building or other structure:
(i)
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 the ordinance.
(ii)
The City shall release the proceeds and any interest that has accrued on such proceeds received under Subdivision (i) of this Subsection to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after the receipt of such insurance monies, unless the City has instituted legal proceedings under the provisions of Subsection (e) of this Section. If the City has proceeded under the provisions of Subsection (e) of this Section, all monies in excess of that necessary to comply with the provisions of Subsection (e) of this Section 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.
(g)
If there are no proceeds of any insurance policy as set forth in Subsection (e) 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 date of its issue shall be a lien on the property and a personal debt against the property owner(s) until paid in full.
(h)
Subsection (e) shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.
(i)
Subsection (e) of this Section does not make this 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.
(j)
The Ordinance Enforcement Official may issue a certificate in lieu of payment of all or part of the covered claim under Subsection (e) if he/she 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. Upon receipt of such satisfactory proof, the Ordinance Enforcement Official shall issue a certificate within thirty (30) days after receipt of proof to permit a covered claim payment to the insured without the deduction pursuant to Subsection (e) 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 from this Subsection.
9.
PM-108.8.1 Findings of Fact. If the evidence supports
a finding based upon competent and substantial evidence that the building
or structure is a dangerous building, the Hearing Officer shall issue
an order based upon his/her findings of fact commanding the owner
(or occupant, mortgagee, lessee, agent or other person having an interest
shown by the land records of St. Louis County in such a building)
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: a) repairing, or b) vacating
and repairing such building, if repair will comply with the ordinances
of this City, or c) the owner or any person having an interest in
such a building as shown by the land records of St. Louis County may
vacate and demolish such a dangerous building at his/her own risk
to prevent the City from acquiring a 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, no order shall
be issued.
10.
PM-108.9 Appeal. Any owner, occupant, lessee, mortgagee,
agent or any other person having an interest, as shown by the land
records of the Recorder of Deeds of St. Louis County, in a dangerous
building may, within thirty (30) days from the receipt of the order
of the Hearing Officer, appeal such decision to the Circuit Court
of St. Louis County pursuant to the procedure established in Chapter
536 of the Revised Statutes of Missouri.
11.
PM-108.10 Emergencies. In cases where it reasonably
appears that there is immediate danger to the health, life or safety
of any person unless a dangerous building is immediately repaired,
vacated or demolished and the property cleaned up, the Building Inspector
shall report such facts to the Ordinance Enforcement Official and
the Ordinance Enforcement Official may cause the immediate repair,
vacation or demolition of such dangerous building and clean up of
the property. The costs of such emergency repair, vacation or demolition
of such dangerous building shall be collected in the same manner provided
in PM-108.8(e).
12.
PM-108.11 Violations;
Disregarding Notices or Orders.
(a)
The owner, occupant or lessee in possession of any dangerous building
who shall fail to comply with an order, issued by the Ordinance Enforcement
Official, to repair, vacate or demolish a building shall be guilty
of a misdemeanor and upon conviction shall be punishable as set forth
in PM-108.12.
(b)
Any person removing any notice provided for in this ordinance shall
be guilty of a misdemeanor and upon conviction shall be punished in
accordance with PM-108.12.
13.
PM-108.12 Penalties. Any person violating any provision
of this ordinance is guilty of a misdemeanor and upon conviction thereof,
shall be fined not more than one thousand dollars ($1,000.00). Each
day that a person fails to comply with an order of the Ordinance Enforcement
Official may be deemed a separate offense. Any person found guilty
of a willful violation of any provision of this ordinance may be fined
up to the maximum extent permitted by Missouri law for each such violation.
14.
PM 108.13 Liability of City Officers, Employees, Etc. No officer, agent or employee of the City shall render himself/herself
personally liable for any damage that may accrue to persons or property
as a result of any act required or permitted in the discharge of his/her
duties under this Article. Any suit brought against any officer, agent
or employee of the City as a result of any act required or permitted
in the discharge of his/her duties under this Article shall be defended
by the City Attorney or special counsel retained by the City at City
until the final determination of the proceedings therein. The City
may seek to recover all costs, fees and expenses associated with such
a suit only if the officer, agent or employee is finally determined
to have acted outside the scope of his/her duties in a willful, reckless
or grossly negligent manner.
