[Ord. No. 456 §1, 5-7-1992; Ord. No. 02-48, 1-2-2003]
It is the purpose of this Chapter to provide just, equitable
and practicable methods for the repairing, boarding up, 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 and unsafe buildings, as herein defined, that now are in
existence or that may hereafter exist in the City of Hollister, Missouri.
[Ord. No. 456 §2, 5-7-1992]
A.
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":
1.
Those with interior walls or other vertical structures members that
list, lean, or buckle to such an extent that a plumb line passing
through the center of gravity falls outside the middle third of its
base.
2.
Those that, exclusive of the foundation, show thirty-three percent
(33%) or more damage or deterioration of the supports member or members,
or fifty percent (50%) damage or deterioration of the non-supporting
enclosing or outside walls or covering.
3.
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.
4.
Those that have been damaged by fire, earthquake, wind, flood, 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.
[Ord. No. 16-13, 3-17-2016]
5.
Those that are so 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 these occupying such buildings.
6.
Those having light, air, and sanitation facilities that are inadequate
to protect the health, safety or general welfare of human beings who
live or may live therein.
7.
Those having inadequate facilities for egress in case of fire or
panic or those having insufficient stairways, elevators, fire escapes
or other adequate mean of evacuation.
8.
Those that have parts thereof that are so attached that they may
fail and injure members of the public or property.
9.
Those that because of their condition are unsafe, unsanitary or dangerous
to the health, safety or general welfare of the people of this City.
[Ord. No. 02-48, 1-2-2003]
A.
Structures
or existing equipment that are or hereafter become unsafe, unsanitary
or deficient because of inadequate means of egress facilities, inadequate
light and ventilation, or which constitute a fire hazard, or are otherwise
dangerous to human life or the public welfare, or inadequate maintenance
shall be deemed an unsafe condition. A vacant structure that is not
secured against entry shall be deemed unsafe. "Structure" means any building, dwelling, mobile home, manufactured home, modular
home, garage or other structure intended to be used for the shelter
or enclosure of persons, animals, plants or personal property of any
kind.
B.
Those
which are unoccupied and are open at door, window, wall or roof. As
used herein, an "unoccupied" building in one that is not being continuously
and lawfully inhabited for residential or any non-residential purpose.
As used herein, an unoccupied building is "open" at door, window,
wall or roof when, because of removal, breakage, deterioration, destruction
or disrepair of original or replacement materials, the interior has
become exposed to the elements or has become accessible for entry
by animals, trespassers or others acting without the building owner's
consent.
C.
Those
containing therein substantial accumulations of trash, garbage or
other materials susceptible to fire or constituting or providing a
harboring place for vermin or other obnoxious animals or insects or
in any way threatening the health of the occupants thereof or the
health of persons in the vicinity thereof.
[Ord. No. 456 §3, 5-7-1992: Ord. No. 02-48, 1-2-2003]
All dangerous and unsafe buildings, as defined by Section 505.020, are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided herein.
[Ord. No. 456 §4, 5-7-1992; Ord. No. 02-48, 1-2-2003]
A.
The
Building Inspector and Building Commissioner in ordering repair, vacation
or demolition of any dangerous or unsafe building shall follow the
following standards in substance. A City building permit is required
for repair work to be done. A City demolition permit is required before
the demolition of any structure.
1.
If the dangerous building reasonably can be repaired so that it no
longer will exist in violation of the terms of this Chapter, it shall
be ordered repaired.
2.
If the dangerous building 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 building cannot be repaired so that it no longer
will exist in violation of the terms of this Chapter, it shall be
demolished.
4.
In all cases where a dangerous building is a fire hazard existing
or erected in violation of the terms of this Chapter or any ordinance
of the City of Hollister or Statute of the State of Missouri, it shall
be repaired or demolished.
[Ord. No. 02-48, 1-2-2003]
A.
It
shall be unlawful for the owner of any unoccupied building to board
or to keep boarded such building at door, window, wall or roof except
with a valid boarded building permit issued by the Hollister Building
Department. In the case of any building that has been boarded prior
to the effective date of this Section, a boarded building permit must
be obtained by the owner within one hundred eighty (180) days after
the effective date of this Section.
B.
A boarded
building permit shall be issued for the purpose of authorizing a building
owner to board up their building. To qualify for a boarded building
permit, a building must be free from accumulated trash and debris
or other fire hazard, be structurally sound and safe for entry by
emergency personnel. This permit shall not be issued until a City
Inspector to confirm compliance with all applicable provisions of
this code and Hollister City Code performs an inspection. The permit
applicant must complete boarding the structure within seven (7) days
after a permit is issued. A boarded building permit shall be valid
for no more than one hundred eighty (180) calendar days from the date
of issuance at which time the building owner must obtain a new permit.
The fee for a boarded building permit shall be two hundred dollars
($200.00). That fee may be adjusted annually if necessary to reflect
the cost of the City's program to board up buildings under this code.
If the building is without a valid boarding permit for more than seven
(7) calendar days, the structure shall be declared a public nuisance
per City Code. A boarded building permit may be renewed no more than
one (1) time (that covers a period of one (1) year). The structure
must be demolished if the structure is not permitted for repair and
fit for occupancy after one (1) year.
C.
The
manner of boarding shall prevent building entry by trespassers or
animals and prevent exposure of the interior to the elements.
[Ord. No. 02-48, 1-2-2003]
A.
A boarded
building shall be deemed to adequately prevent entry by trespassers
and animals, exposure to the elements, to be free from increased hazard
from fire, structurally sound and safe for entry by emergency personnel
if:
1.
Building openings are weather-tight and secured. All openings, including
missing or broken doors and windows, shall be covered with one-half
(½) inch CDX plywood, weather protected, tightly fitted to
the opening and secured by screws or bolts. The coverings shall be
cut and aligned to match the shape of the opening.
2.
The roof facia and flashings are sound, tight and will not admit
moisture and will prevent dampness or deterioration in the walls or
interior of the building.
3.
The building's storm drainage system is adequately sized, installed
in an approved manner, functional and discharged in an approved manner.
4.
The building is maintained free from debris, rubbish, garbage and
unsanitary conditions.
5.
Chimneys, cooling towers, smokestacks and similar appurtenances are
structurally safe.
6.
Accessory and appurtenant buildings such as garages, sheds and fences
are free from debris, rubbish, garbage and safety, health and fire
hazards.
7.
All sanitary sewer connections have been terminated in an approved
manner which prevents toxic fumes or gases from entering the building.
8.
All interior water pipes have been drained at the lowest point and
the water service has been terminated by the utility service provider.
9.
Electric and fuel gas utility services have been terminated by the
utility service providers.
10.
Well or cisterns have been abandoned in accordance with the rules
and regulations established by the Taney County Health Department
and/or the Missouri Department of Natural Resources, the most restrictive
to apply.
[Ord. No. 456 §5, 5-7-1992; Ord. No. 02-48, 1-2-2003]
The Building Inspector shall be the Hollister Building Inspector
or Code Official as appointed under the Building Code.
[Ord. No. 456 §6, 5-7-1992; Ord. No. 02-48, 1-2-2003]
A.
The
Building Inspector shall have the duty under this Chapter to:
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 such place
a dangerous building when he/she has reasonable grounds to believe
that any such building is dangerous.
2.
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 Chapter and the Building Inspector
determines that there are reasonable grounds to believe that such
building is dangerous.
3.
Inspect any building, wall, or structure reported by the Fire or
Police Departments of this City as probably existing in violation
of this Chapter.
4.
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, mortgage, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of Taney County, of any building found by him/her to be a dangerous building and public nuisance within the standards set forth in Section 505.020. The notice required shall state that:
a.
The owner must vacate, vacate and repair or vacate and demolish said
building in accordance with the terms of the notice and this Chapter.
b.
The occupant of lessee must vacate said building or have it repaired
in accordance with the notice and remain in possession.
c.
The mortgagee, agent, or other persons having an interest in said
building as shown by the land records of the Recorder of Deeds of
Taney County the land is located, may, at his/her own risk, repair,
vacate or demolish or have such work done, provided that any person
notified under this Subsection to repair, vacate or demolish any building,
shall be given such reasonable time not exceeding thirty (30) days
to commence the required work.
5.
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 public nuisance and an order requiring the designated work to
be commenced within the time provided for in the above Subsection.
6.
Report in writing to the City Building Commissioner the noncompliance
with any notice to vacate, repair, or demolish or upon the failure
to proceed continuously with the work without unnecessary delay.
7.
Appear at all hearings conducted by the Building Commissioner and
testify as to the condition of dangerous building.
8.
Immediately report to the Building Commissioner concerning any building
found by him/her to be inherently dangerous and that he/she determined
to be a nuisance per se. The Building Commissioner may direct that
such building be marked or posted with a written notice reading substantially
as follows:
"This building has been found to be a dangerous building and
public nuisance by the Building Inspection. This notice is to remain
on this building until it is repaired, vacated, or demolished in accordance
with the notice that 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 Taney County. It is unlawful to remove this notice until such notice
is complied with."
Provided however, that the order by the Building Commissioner
and the posting of said notice, shall not be construed to deprive
all persons entitled thereto by this Chapter of the notice and hearing
prescribed herein.
[Ord. No. 456 §7, 5-7-1992; Ord. No. 95-25 §505.070, 6-1-1995]
The Mayor, City Administrator, Planning and Zoning Commission
member or an Alderman, shall act as Building Commissioner under this
Chapter.
[Ord. No. 456 §8, 5-7-1992; Ord. No. 02-48, 1-2-2003]
A.
The
Building Commissioner shall have the power, 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 Building Commissioner shall cause an inspection to be made forthwith.
The Building Commissioner is also authorized to engage such expert
opinion as deemed necessary to report upon unusual technical issues
that arise, subject to the approval of the Mayor and Board of Aldermen.
If the Building Commissioner deems it necessary to the performance
of his/her duties and responsibilities imposed herein, the Building
Commissioner may request another inspection and report from the City
Building Inspector.
2.
Hearing — Notice to be given.
a.
Upon receipt of a report from the Building Inspector indicating failure
by the owner, lessee, occupant, mortgagee, agent or other person(s)
having 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, the Building
Commissioner shall hold a hearing giving the affected parties full
and adequate hearing on the matter.
b.
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
twenty-one (21) days in advance of a 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 Taney County to appear before the Building Commissioner on the
date specified in the notice to show cause why the building or structure
reported to be a dangerous building and public nuisance 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.
c.
Counsel may represent any party and all parties shall have an opportunity
to be heard.
3.
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 and a public nuisance and detrimental to the health, safety or welfare of the residents of the City within the terms of Section 505.020.
4.
If the evidence supports a finding based upon competent and substantial
evidence that the building or structure is a dangerous building and
public nuisance and detrimental to the health, safety or welfare of
the residents of the City, the Building Commissioner shall issue an
order based upon its finding of fact commanding the owner, occupant,
mortgagee, lessee, agent or other person(s) having an interest in
said building as shown by the land records of Taney County to repair,
vacate, or demolish any building found to be a dangerous building
and public nuisance, 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 Taney County, 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. If
the evidence does not support a finding that a building or structure
is a dangerous building and public nuisance, no order shall be issued.
5.
If the owner, occupant, mortgagee, or lessee fails to comply with the order within thirty (30) days, the Building Commissioner shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant; and the Building Commissioner shall certify the cost of the work (approved by the Board of Aldermen) borne by the City for such repair, vacation, or demolition to the City Clerk as special assessment represented by a special tax bill against the real property affected; said tax bill shall be a lien upon said property and shall be deemed a personal debt against the property owner(s). Except as provided in Subsection (6) of this Section, at the request of the taxpayer this special tax may be paid in installments over a period of not more than ten (10) years; said assessment shall bear interest at the rate of ten percent (10%) per annum until paid.
6.
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 by the Building Commissioner as provided in Subsection (5) of this Section, and a special tax bill or assessment is issued against the property, it shall be deemed a personal debt against the property owner. 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 ten percent (10%) of the insurance proceeds, as set forth in subdivisions (a) and (b) 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 the policy covering a building or other structure:
a.
The insurer shall withhold from the covered claim payment up to ten
percent (10%) of the covered claim payment, and shall pay such moneys
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.
b.
The City shall release the proceeds and any interest that has accrued on such proceeds received under Subdivision (a) 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 moneys, unless the City has instituted legal proceedings under the provisions of Subsection (5) of this Section. If the City has proceeded under the provisions of Subsection (5) of this Section, all moneys in excess of that necessary to comply with the provisions of Subsection (5) of this Section for the removal of the Building or structure, less salvage value, shall be paid to the insured.
7.
If there are no proceeds of any insurance policy as set forth in Subsection (6) 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 issuance shall be a lien on the property and a personal debt against the property owner(s) until paid.
8.
Subsection (6) of this Section shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.
9.
Subsection (6) of 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.
10.
The Building Commissioner may certify in lieu of payment of all or part of the covered claim under Subsection (6) 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 (6) 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.
11.
The Code Official, Officer, or employee charged with the enforcement
of this Code, while acting for the jurisdiction, shall not thereby
be rendered liable personally, and is hereby relieved from all personal
liability for any damage accruing to persons or property as a result
of any act required or permitted in the discharge of official duties.
Any suit instituted against an Officer or employee because of an act
performed by that officer or employee in the lawful discharge of duties
and under the provisions of this Code shall be defended by the legal
representative of the jurisdiction until the final determination of
the proceedings. The Code Official or any subordinate shall not be
liable for costs in any action, suit or proceeding that is instituted
in pursuance of the provisions of this Code; and any officer of the
Department of Building Inspection, acting in good faith and without
malice, shall be free from liability for acts performed under any
of its provisions or by reason of any act or omission in the performance
of official duties in connection therewith.
[Ord. No. 456 §9, 5-7-1992]
Any owner, occupant, lessee, mortgagee, agent, or any other
person(s) having an interest in a dangerous building as shown by the
land records of the Recorder of Deeds of Taney County, may, within
thirty (30) days from the receipt of the order of the Building Commissioner,
appeal such decision to the Circuit Court of Taney County, pursuant
to the procedure established in Chapter 536 of the Revised Statutes
of Missouri.
[Ord. No. 456 §10, 5-7-1992]
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, or
demolished, the Building Inspector shall report such facts to the
Building Commissioner and the Building Commissioner may cause the
immediate repair, vacation, or demolition of such dangerous building.
The costs (approved by Board of Aldermen) of such emergency repair,
vacation or demolition of such dangerous building shall be collected
in the same manner as provided in Section 505.080(5).
[Ord. No. 456 §11, 5-7-1992]
[Ord. No. 456 §12, 5-7-1992]
Any person violating the provisions of this Chapter is guilty
of a misdemeanor and upon conviction thereof, shall be fined not more
than five hundred dollars ($500.00). Each day that a person fails
to comply with an order of the Building Commissioner may be deemed
a separate offense.
