[R.O. 1998 § 505.210; CC 1988 §5-111; Ord. No. 607 §1, 5-4-1970]
The following words, terms and phrases,
when used in this Chapter, shall have the meanings ascribed to them
in this Section, except where the context clearly indicates a different
meaning:
The owners, occupants, lessees, mortgagees, agents and any
other persons, as shown by the land records of the County Recorder
of Deeds, as having an interest in an unfit building.
The Building Inspectors for the City.
The City of St. Ann, Missouri.
The Director of Public Services or his/her designee.
Any structure or building which is unfit within the standards
set forth in this Chapter.
[R.O. 1998 § 510.020; CC 1988 §5-112; Ord. No. 607 §2, 5-4-1970]
A.
All buildings or structures, whether occupied
or not, which have any or all of the following defects shall be deemed
unfit buildings:
1.
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
the middle third (1/3) of its base and which is a menace to the health,
safety and welfare of the people of the City.
2.
Those which, 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 which have improperly distributed
loads upon the floors or roofs or in which the same are overloaded,
or which have insufficient strength to be reasonably safe for the
purpose used.
4.
Those which have been damaged by
fire, wind or other causes so as to become dangerous to life, safety,
morals or the general health or welfare of present or future occupants
or residents of the City.
5.
Those which have become or 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, safety or general welfare of present
or future occupants or residents of the City.
6.
Those having light, air and sanitation
facilities which are inadequate to protect the health, morals, safety
or general welfare of present or future occupants.
7.
Those having inadequate facilities
for egress in case of fire, other emergency or panic.
8.
Those which have parts thereof which
are so attached that they may fall and injure members of the public
or property.
9.
Those which because of their general
condition are unsafe, unsanitary or dangerous to the health, morals,
safety or general welfare of the residents of the City.
[R.O. 1998 § 510.030; CC 1988 §5-113; Ord. No. 607 §3, 5-4-1970]
All unfit buildings are hereby declared
to be detrimental to the health, safety and welfare of the City and
to be public nuisances, and shall be repaired, vacated or demolished
as provided in this Chapter.
[R.O. 1998 § 510.040; CC 1988 §5-114; Ord. No. 607 §4, 5-4-1970]
A.
The Director of Public Services or his/her
designee shall make such rules and regulations as may be necessary
for the enforcement of this Chapter. Such rules and regulations shall
be in writing, uniform in their application, and available to the
public for inspection. Such rules shall include, but need not be limited
to:
1.
Standards for estimating the costs
of repair and demolition of an unfit building.
2.
Standards for determining whether
an unfit building should be vacated, demolished or rehabilitated,
which shall take reasonable account of the value of the property.
3.
The extent to which rehabilitation
work must conform to the detailed specifications of the City Building
Code and the standard codes adopted as part thereof.
[R.O. 1998 § 510.050; CC 1988 §5-115; Ord. No. 607 §5, 5-4-1970]
A.
The Building Inspectors shall:
1.
Inspect or cause to be inspected
as often as necessary all residential, institutional, assembly, commercial,
industrial, garage, special or miscellaneous occupancy buildings for
the purpose of determining whether any conditions exist which render
any such place an unfit building.
2.
Inspect any building or structure
about which complaints or reports are filed by any person to the effect
that a building or structure is or may be existing in violation of
this Chapter.
3.
Report to the Director of Public
Services or his/her designee any violation of this Chapter or any
non-compliance with any notice provided for in this Chapter.
4.
Appear at all hearings conducted
by the Director of Public Services or his/her designee and testify
as to the condition of unfit buildings.
[R.O. 1998 § 510.060]
A.
The Director of Public Services or his/her
designee 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 Director of Public Services or his/her
designee shall cause an inspection to be made forthwith. If the Director
of Public Services or his/her designee deems it necessary to the performance
of his/her duties and responsibilities imposed herein, the Director
of Public Services or his/her designee may request an inspection and
report be made by any other City Department or retain services of
an expert whenever the Director of Public Services or his/her designee
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 St. Louis County, who may appear before the Director of
Public Services or his/her designee 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 510.020 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
Director of Public Services or his/her designee 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 St. Louis
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 Director of Public Services or his/her designee shall cause such building or structure to be repaired, vacated or demolished and the property cleaned up as the facts may warrant. If the Director of Public Services or his/her designee 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 510.070, 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.
[R.O. 1998 § 510.070]
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 Section 510.060. If the City has proceeded under the provisions of Section 510.060, all monies in excess of that necessary to comply with the provisions of Subsection (6) of Section 510.060 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 Director of Public Services or his/her designee may certify that in lieu of payment of all or part of the covered claim 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 Director of Public Services or his/her designee 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 from this Subsection.
[R.O. 1998 § 510.080; CC 1988 §5-117; Ord. No. 607 §7, 5-4-1970]
No person shall remove any posted notice required by this Chapter from any building or structure in the City. Any person removing any such notice shall, upon conviction, be punished as provided in Section 100.220 of this Code.
[R.O. 1998 § 510.090; CC 1988 §5-118; Ord. No. 607 §8, 5-4-1970]
Upon the declaration of public nuisance
by the Director of Public Services or his/her designee, he/she shall
notify the affected parties that such declaration has been made. The
notice may be served personally or by certified mail, return receipt
requested. If service cannot be had by either of these modes of service,
then by at least one (1) publication in a newspaper of general circulation
in the City and by posting a copy in some prominent place on the premises.
The notice shall describe the building or structure found unfit and
specify the required repairs or improvements to be made to render
the building or structure safe and secure, or require the unfit building
or a portion thereof to be vacated or demolished within a specified
time. Such notice shall be in substantially the following form:
|
NOTICE OF DECLARATION OF NUISANCE
|
|---|
|
To the person to whom this notice
is addressed:
|
|
THE BUILDING DESCRIBED BELOW HAS
BEEN DECLARED A NUISANCE:
|
|
(Insert address or other adequate
description of building or structure.)
|
|
(Use one (1) or two (2) of the following
paragraphs.)
|
|
NO PERSON MAY OCCUPY THIS BUILDING,
OR ANY PART THEREOF, AFTER __________, 20__. After such date, no person
shall occupy, enter, refuse to leave or remain in this building or
any part thereof, except persons directly employed in securing, repairing
or removing such building or structure.
|
|
THIS BUILDING MUST BE REPAIRED TO
CURE THE FOLLOWING DEFECTS.
|
|
|
|
|
|
WORK MUST BEGIN ON OR BEFORE __________,
20__ AND PROCEED CONTINUOUSLY WITHOUT UNNECESSARY DELAY TO COMPLETION.
This order may be obeyed by demolition and removal of this building.
Upon failure to repair as herein required, the Director of Public
Services may, after hearing, order repairs to be made and the cost
charged to the owner of this property as a special tax lien.
|
|
THIS BUILDING MUST BE DEMOLISHED
AND REMOVED FROM THE PREMISES NO LATER THAN __________, 20__. If demolition
is not begun and carried forth promptly, the Director of Public Services
may, after hearing, order the same done and the cost assessed against
the property as a special tax lien. Upon presentation of adequate
plans, the Director of Public Services may allow repair instead of
demolition.
|
[R.O. 1998 § 510.100; CC 1988 §5-119; Ord. No. 607 §9, 5-4-1970]
In cases where it reasonably appears
that there is an immediate danger to the health, safety or welfare
of any person unless a dangerous building is immediately repaired,
vacated and repaired, or vacated and demolished, the Director of Public
Services or his/her designee may cause the immediate repair, vacation
or demolition of such dangerous building. The cost of such emergency
repair, vacation or demolition of such dangerous building shall be
collected in the same manner as provided for the collection of the
costs of execution of post-hearing orders of the Director of Public
Services or his/her designee.
[R.O. 1998 § 510.110; CC 1988 §5-120; Ord. No. 607 §10, 5-4-1970]
A.
The City Attorney shall:
1.
Bring suit to collect all municipal
liens, assessments or costs incurred by the Director of Public Services
or his/her designee in repairing or causing to be vacated or demolished
dangerous buildings.
2.
Take such other legal action as is
necessary to carry out the terms and provisions of this Chapter.
[R.O. 1998 § 510.120; CC 1988 §5-121; Ord. No. 607 §11, 5-4-1970]
Neither the Director of Public Services
or his/her designee nor any Building Inspector, officer, agent or
employee of the City shall be liable for any damage that may accrue
to persons or property as a result of any act required or permitted
pursuant to this Chapter. Any suit brought against the Director of
Public Services or his/her designee, any Building Inspector, officer,
agent or employee of the City as a result of any act required or permitted
pursuant to this Chapter shall be defended by the City Attorney.
[R.O. 1998 § 510.130; CC 1988 §5-122; Ord. No. 607 §13, 5-4-1970]
Any affected party may appeal to
the Circuit Court from any post-hearing order of the Director of Public
Services or his/her designee in the manner provided by law for judicial
review of decisions of administrative agencies.
[R.O. 1998 § 510.140; CC 1988 §5-123; Ord. No. 607 §14, 5-4-1970]
The City shall not be liable to any
affected party for any damage or injury to any building or structure
caused by the enforcement of this Chapter when such enforcement is
carried out in accordance with the procedures provided in this Chapter.
