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
the 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 Oak Grove, Missouri.
[Ord. No. 1452 §1, 8-16-2004]
A.
All
buildings, structures, premises or equipment that have any or all
of the following defects shall be deemed "dangerous buildings":
1.
The building, structure, premise or equipment is in a condition that
poses an immediate danger to either the lives or safety of persons,
whether occupants or otherwise, or other property.
2.
The building, structure, premise or equipment is a fire hazard for
any reason including, without limitation, obsolescence, dilapidation,
deterioration, damage, lack of sufficient fire-resisting qualities
or faulty electrical wiring, gas connections or heating apparatus.
3.
The building, structure or premise lacks safe or adequate facilities
for means of egress in case of fire or panic.
5.
Any portion of the building, structure, premise or equipment has
been so damaged by any cause that the building, structure, premise
or equipment is likely to fail or collapse or become detached or dislodged
and thereby injure persons or damage property.
6.
Any interior or exterior portion, member, appurtenance, ornamentation
or other component of the building or structure is likely to fall
or collapse or become detached or dislodged and thereby injure persons
or damage property.
7.
Any portion of the building, structure or premise has cracked, warped,
buckled or settled to such an extent that walls or other structural
portions have insufficient resistance to fire, earthquake, wind, flood,
snow or similar perils.
8.
Part or all of the building, structure, premise or equipment is in
danger of collapsing as a result of any cause including, without limitation,
any one (1) or more of the following causes:
9.
The building, structure or premise has exterior 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 one-third (⅓) of the base.
10.
The building, structure, premise or equipment or any portion thereof
is, for any reason, unsafe for actual or intended use.
12.
The building, structure, premise or equipment has been so damaged
by any cause or has become so dilapidated, deteriorated or decayed
as to attract and result in harm to children, notwithstanding that
the building, structure or premise is not an "attractive nuisance"
as that term is defined by Statute or decisional law; is likely to
cause sickness or disease, so as to work injury to the health, safety
or welfare of those occupying the building; or is likely to become
a harbor for vagrants, criminals or trespassers.
13.
The building, structure, premise or equipment has been constructed,
exists or is being maintained in violation of any provision of the
duly adopted Building Code or of any law of the City pertaining to
building, structure or equipment safety.
14.
The building, structure or premise has in any non-supporting part
or portions less than fifty percent (50%) or in any supporting part
member or portion less than sixty-six percent (66%) of the strength,
fire-resisting qualities or weather-resisting qualities required by
the Code for newly constructed buildings of like area, height and
occupancy in the same location.
15.
The building or structure is used or intended to be used for dwelling
purposes and is likely to injure or effect health, safety or welfare
of persons who occupy or may occupy said building, structure or premise
by reason of any one (1) or more of the following conditions:
16.
The building, structure, premise or equipment is in such condition
as to constitute a "public nuisance" as that term is defined by Statute
or common law.
18.
Any portion of the building, structure, premise or equipment remaining
on a site after the demolition or destruction of such building, structure,
premise or equipment.
[Ord. No. 1452 §2, 8-16-2004]
The owner, occupant, lessee, mortgagee, agent and all other
persons having an interest in the building or structure as shown by
the land records of the Recorder of Deeds for Jackson County or Lafayette
County, whichever is applicable, will be considered as a party as
that term is used within this Chapter.
All dangerous buildings or structures, as defined by Section 503.020 of this Chapter, are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided herein.
[Ord. No. 1452 §3, 8-16-2004]
A.
The
following standards shall be followed by the Dangerous Buildings Board
in ordering repair, vacation or demolition:
1.
If the dangerous building or structure can reasonably be repaired
so that it will no longer exist in violation of the duly adopted Building
Code, it shall be ordered repaired.
2.
If the dangerous building or 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 any case where a dangerous building or structure is partially
destroyed by deterioration, decay or damage and cannot be restored
or repaired so that it will no longer exist in violation of the duly
adopted Building Code, or if the owner or other persons having an
interest in it are unwilling to restore or repair it, it shall be
demolished.
4.
In all cases where a dangerous building or structure is a fire hazard
existing or erected in violation of the terms of the duly adopted
Building Code or any Statute of this State, it shall be demolished.
[Ord. No. 1452 §4, 8-16-2004]
The Building Official of the City of Oak Grove shall be the
Building Official within the meaning of this Chapter.
[Ord. No. 1452 §5, 8-16-2004; Ord. No. 1712 §9, 7-5-2011]
A.
The
Building Official or his or her representative shall:
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 that place to be a dangerous
building when he or she has reasonable grounds to believe that the
building is dangerous.
2.
Inspect any building, structure or premise about which complaints
are filed by any person to the effect that the building, structure
or premise is or may be existing in violation of the duly adopted
Building Code and the Building Official determines that there are
reasonable grounds to believe that the building, structure or premise
is dangerous.
3.
Inspect any building, structure, premise or equipment reported by
the City Police Department or the Sni-Valley Fire Protection District,
or its successors, as probably existing in violation of this Chapter.
4.
If the Building Official deems it necessary in the performance of
his or her duties as imposed by this Chapter, the Building Official,
upon approval of the City Administrator, may request an inspection
and report be made by any other City department or may retain the
services of an expert.
5.
Absent exigent or emergency circumstances, whenever it is necessary
to make an inspection to enforce any of the provisions of this Chapter,
the Building Official or his/her representative may enter the building,
structure or premises at all reasonable times to inspect the same
or to perform any duty imposed by this Article, provided that, if
the building or structure is occupied, he/she has first presented
proper credentials and has requested and received permission to make
the inspection from the owner, occupant or other person having possession,
management or control of the building, structure or premises. Reasonable
effort shall be made to locate the owner, occupant or other person
having possession, management or control of the building, structure
or premises. In the event that permission to conduct the inspection
is denied, the Building Official shall have recourse to every remedy
provided by law to secure entry including, but not limited to, requesting
an appropriate order from a judge of the Municipal or Circuit Court
having competent jurisdiction. The Building Official or his/her representative
may enter abandoned buildings, structures or premises without consent
or a search warrant for the purpose of conducting an inspection pursuant
to this Chapter.
6.
Supervise all inspections required by this Chapter and made by the Building Official's representative. Supervision of inspections carried out by the Building Official shall be the responsibility of the City Administrator as provided in Section 115.150 of this Code.
7.
Serve notice of the declaration of nuisance for buildings or structures deemed to be dangerous buildings, as defined in Section 503.020, to the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the building, structure, premise or equipment as shown by the land records of the Recorder of Deeds for Jackson County or Lafayette County, whichever is applicable. This notice shall be served either personally or by certified mail, return receipt requested, and by posting the notice on the premises. The notice shall state that:
a.
The owner must vacate, vacate and repair or vacate and demolish the
building in accordance with the terms of the notice or may have it
repaired in accordance with the notice and the duly adopted Building
Code;
b.
The occupant or lessee must vacate the building or may have it repaired
in accordance with the notice and remain in possession; and
c.
The mortgagee, agent or other persons having an interest in the building
as shown by the land records of the Recorder of Deeds of Jackson County
or Lafayette County, whichever is applicable, may, at his own risk,
repair, vacate or demolish or have the work or act done.
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Any person notified under this Subsection to repair, vacate
and repair, or vacate and demolish any building shall be given reasonable
time not to exceed ten (10) business days to commence the action required
by the notice. The notice may include a reasonable time in which the
required action shall be completed. If, in the judgment of the Building
Official or his or her representative, it is determined to be necessary
to extend the time to do or have done the work or act required by
the notice provided herein, the Building Official shall specify the
extension date in writing and serve an additional notice of the date
to which the extension is made.
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If service cannot be had by the methods set forth above, a notice
of the declaration of nuisance shall be had by publication in a newspaper
qualified to publish legal notices. The notice shall state that the
owner is responsible for commencing the repair or demolition of the
dangerous building within ten (10) business days after the publication
of the notice.
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8.
Report to the Dangerous Buildings Board any non-compliance with the notice provided for in Subsection (6) above, including either failure to vacate, failure to proceed with work continuously and without unnecessary delay, or failure to commence or finish the work required by the notice.
9.
Appear at all hearings conducted by the Dangerous Buildings Board
and testify as to the condition of dangerous buildings.
10.
Place a notice on all dangerous buildings substantially reading as
follows:
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This structure has been found to be a dangerous building by
the Building Official. This notice is to remain on this building until
it is repaired, vacated or demolished in accordance with the notice
that has been given to the owner, occupant, lessee, mortgagee or agent
of this structure or building, and all other persons having an interest
in said building as shown by the land records of the Recorder of Deeds
of [insert Jackson or Lafayette County, whichever is applicable].
It is unlawful to remove this notice until such notice is complied
with.
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The posting of this notice shall not be construed to deprive
all persons entitled thereto by this Chapter to the notice and hearing
prescribed herein.
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11.
If the owner, occupant, mortgagee or lessee fails to comply with an order issued by the Dangerous Building Board pursuant to Section 503.080 of this Chapter, or an extension thereof within the time specified, the Building Official shall cause the building, structure, premise or equipment to be repaired, vacated and repaired, or vacated and demolished or the property cleaned up as the facts may warrant. The Building Official shall certify any charges for the repair, vacation, demolition or cleanup of the building or structure, done at the City's expense, to the City Clerk who shall cause a special tax bill therefor against the property to be prepared and collected by the County Collector, unless the building, structure, premise or equipment is demolished, secured or repaired by a contractor, pursuant to an order issued by the City, and such contractor has filed a mechanic's lien against the property.
The contractor may enforce this lien as provided in Sections 429.010 to 429.360, RSMo., as amended. Except as provided in Section 503.090 of this Chapter, at the request of the taxpayer, the tax bill prepared pursuant to this Subsection may be paid in installments over a period of not more than ten (10) years. The tax bill, from the date of issuance, shall be deemed a personal debt against the property owner and a lien on the property until paid. The City reserves its right to judicially foreclose on the lien for the taxpayer's failure to make installment payments on a timely basis. Tax bills paid on an installment basis pursuant to this Section shall bear interest at a rate of eight percent (8%) per annum until paid.
12.
Be authorized to request an administrative warrant pursuant to Section 130.135 of this Code, if the City desires to enter onto the subject property to search for and/or abate violations of this Chapter. However, the City need not request an administrative warrant where the owner, occupant, or other person with lawful possession consents to such entry or where an administrative warrant is not required by law.
[Ord. No. 1452 §6, 8-16-2004]
The Board of Zoning Appeals shall act as the Dangerous Buildings
Board for the purposes of this Chapter.
[Ord. No. 1452 §7, 8-16-2004]
A.
The
Dangerous Buildings Board shall:
1.
Upon receipt of a report from the Building Official of failure to
vacate or to commence work of reconditioning or demolition within
the time specified or upon failure to proceed continuously with the
work without unnecessary delay, the Dangerous Buildings Board shall
call and have a full and adequate hearing upon the matter.
2.
Give at least ten (10) business days' written notice to the owner,
occupant, mortgagee, lessee, agent and all other persons having an
interest in the dangerous building as shown by the land records of
the Recorder of Deeds of Jackson County or Lafayette County, whichever
is applicable, to appear before it on the date specified in the notice
to show cause why the building, structure, premises or equipment 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 notice of the Building Official. Such notice shall be
served either personally or by certified mail, return receipt requested,
and by posting such notice on the premises. If service cannot be had
by the methods set forth above, a notice to the owner of hearing shall
be had by publication in a newspaper qualified to publish legal notices.
Any party may be represented by counsel and all parties shall have
an opportunity to be heard.
3.
Make written findings of fact from the evidence offered at the hearing as to whether or not the building or structure in question is a dangerous building within the terms of Section 503.020 of this Chapter.
4.
After the hearing, if the evidence supports a finding that the building,
structure, premise or equipment is a nuisance or detrimental to the
health, safety or welfare of the residents of the City, the Dangerous
Buildings Board shall issue an order making specific findings of fact,
based upon competent and substantial evidence, that shows the building,
structure, premise or equipment to be a nuisance and detrimental to
the health, safety or welfare of the residents of the City and ordering
the building, structure, premise or equipment to be demolished and
removed or repaired. If the evidence does not support a finding that
the building, structure, premise or equipment is a nuisance or detrimental
to the health, safety or welfare of the residents of the City, no
order shall be issued.
[Ord. No. 1452 §8, 8-16-2004; Ord. No. 1689 §1, 8-16-2010]
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. If a special tax bill or assessment
is issued by the City for the expenses of demolition of the building
or structure as a dangerous building, the monies held by the City
shall be applied toward payment of the special tax bill or assessment.
If there is any excess, it shall be paid by the City to the insured
or according to the terms of the policy and any endorsements thereto.
2.
The City shall release the proceeds and any interest that has accrued on the 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 the insurance monies, unless the City has instituted legal proceedings under the provisions of Subsection (11) of Section 503.060 or the City and the insured mutually agree that the City shall retain the proceeds and interest until the nuisance is abated. If the City has proceeded under the provisions of Subsection (11) of Section 503.060, all monies in excess of that necessary to comply with the provisions of Subsection (11) of Section 503.060 for the removal of the building or structure, 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. Tax bills paid on an installment basis pursuant to this Section shall bear interest at a rate of eight percent (8%) per annum until paid. The City reserves its right to judicially foreclose on the lien for the taxpayer's failure to make installment payments on a timely basis.
C.
This
Section shall apply to fire, explosion or other casualty loss claims
arising on all buildings and structures.
D.
Nothing
in this Section shall be construed to 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.
[Ord. No. 1452 §9, 8-16-2004]
Any "party", as that term is defined in Section 503.025, may appeal from the determination of the Dangerous Buildings Board to the Circuit Court having jurisdiction, as provided for and established in Sections 536.100 to 536.140, RSMo., if a record as defined in Section 536.130, RSMo., is maintained of the hearing provided for in Section 503.080 of this Chapter. Otherwise, the appeal shall be made pursuant to the procedures provided by Section 536.150, RSMo.
[Ord. No. 1452 §10, 8-16-2004; Ord. No. 1604 §1, 7-7-2008]
Where it reasonably appears there is an immediate danger to the health, safety or welfare of any person, the Building Official, upon approval by the City Administrator, may take emergency measures to immediately vacate and repair or demolish a dangerous building or structure. The costs of any emergency repair, vacation or demolition of a dangerous building shall be collected in the same manner as provided in Sections 503.060 and 503.090 of this Chapter.
[Ord. No. 1452 §11, 8-16-2004]
Except as otherwise provided in this Section, any person violating
or refusing to comply with any provision of this Chapter may be cited
in Municipal Court and shall, upon conviction in Municipal Court,
be subject to punishment by a fine of not more than one thousand dollars
($1,000.00) or by imprisonment not exceeding ninety (90) days, or
both such fine and imprisonment. If the owner of the property is also
not a resident of the property, then such fine may not exceed two
thousand dollars ($2,000.00). Any person who fails to comply with
a notice of declaration of nuisance within a reasonable time, or who
fails to proceed continuously without unnecessary delay, or who removes
any notices provided for in this Chapter shall be guilty of an ordinance
violation and, upon conviction thereof, shall be fined not more than
five hundred dollars ($500.00). Each day that a violation continues
shall constitute a separate and distinct offense.
[Ord. No. 1452 §12, 8-16-2004]
No officer, agent or employee of the City shall render himself
or 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 or her duties under this Chapter. 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 or her duties under
this Chapter shall be defended by the City Attorney or special counsel
until the final determination of the proceedings therein.
