[Ord. No. 992 § A, 4-15-1991 (readopted 5-20-2002)]
A.
All buildings or structures within the Town which have one (1) or
more of certain defective conditions hereinafter set forth and deemed
detrimental to the health, safety and welfare of the residents of
the Town are declared to be public nuisances. Any such buildings or
structure shall be repaired or vacated and repaired, or demolished
as hereinafter provided.
B.
The defective conditions of such buildings or structures detrimental
to the health, safety or welfare of the citizens of the Town of Carrollton,
Missouri, are as follows:
1.
Any building or structure having interior walls or other vertical
structural members which 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.
Any building or structure which, exclusive of the foundation,
shows thirty-three percent (33%) or more of damage or deterioration
of the supporting member or members, or fifty percent (50%) of damage
or deterioration of the non-supporting enclosing or outside walls
or covering.
3.
Any building or structure having improperly distributed loads
upon the floors or roofs, or in which the same are overloaded, or
which have sufficient strength to be reasonably safe for the purpose
used.
4.
Any building or structure having been damaged by fire, wind,
or other causes so as to have become dangerous to life, safety or
the general health and welfare of the occupants or the residents of
the Town.
5.
Any building or structure which has become so dilapidated, decayed,
unsafe or unsanitary, or which so utterly fails to provide the amenities
essential to decent living that the same is unfit for human habitation,
or is likely to cause sickness or disease so as to work injury to
the health, safety or general welfare of those living therein, or
to persons living, working or being adjacent thereto.
6.
Any building or structure having light, air and sanitary facilities
which are inadequate to protect the health, safety or general welfare
of human beings who live or may live therein.
7.
Any building or structure having inadequate facilities for egress
in case of fire or panic, or having insufficient stairways, elevators
or fire escapes.
8.
Any building or structure having any parts thereof which may
fall and thereby cause injury or damage to some person or property.
9.
Any building or structure which is otherwise dangerous to human
life, or which, in relation to existing use, constitutes a hazard
to safety, health, or public welfare, by reason of obsolescence, abandonment
or dilapidation to become a fire hazard.
[Ord. No. 992 § B, 4-15-1991 (readopted 5-20-2002)]
A.
If, upon inspection, any building or structure in the Town shall
be found to have one (1) or more of the defective conditions mentioned,
the building or structure shall be repaired or vacated and repaired,
or demolished in accordance with the following instructions:
1.
If the building or structure can reasonably be repaired so that
it will no longer exist in violation, it shall be ordered repaired.
2.
If the building or structure is in such a bad condition as to
make it dangerous to the health, safety or general welfare of its
occupants, it shall be ordered vacated and repaired.
3.
If the building or structure is at least fifty percent (50%)
damaged, decayed or deteriorated from its original condition, it shall
be ordered demolished.
4.
If the building or structure cannot be reasonably repaired so
that it will no longer exist in violation, it shall be ordered demolished.
5.
If the building or structure is a fire hazard existing or erected
so as to be a public nuisance, it shall be ordered vacated and repaired.
[Ord. No. 2020-1346, 6-15-2020]
In cases where it reasonably appears there is an emergency (defined as an immediate danger to the health, safety, or welfare of any person) involving a building or structure, the Building Official or other designated officer or officers may issue an immediate order directing the owner, occupant or other person in charge of the building to take such action as is necessary to correct or abate the emergency, or, if circumstances warrant, may act to abate or correct the emergency by acting to vacate and cause the repair or demolition of the dangerous building or structure. The emergency order is in lieu of any other notice and order and excuses the need for notice to the property owner and any lienholder prior to taking such emergency measures. Notice of the emergency and the emergency measures taken shall be given to the property owner and any lienholder as soon as practical. The costs of the emergency measures shall be certified to the Town Treasurer and collected in the same manner as provided in Section 505.050 of this Code as if the procedures in non-emergencies involving dangerous buildings had been followed.
[Ord. No. 992 § C, 4-15-1991 (readopted 5-20-2002)]
A.
The Building Official of the Town, or his/her authorized representative, shall inspect or cause to be inspected every building or structure within the Town reported by a signed complaint as having one (1) or more of the defective conditions mentioned in Section 505.010. The Building Official shall issue a report in writing to the owner, occupant, lessee, mortgagee, agent and any other person having an interest in the building or structure as shown by the land records of the Recorder of Deeds of the County of any of the conditions that were found upon such inspection, or demolish if there is a need. The order shall give the notified person no more than thirty (30) days to submit their plans for repair, vacation and repair, or demolishment as the case may be.
1.
The order shall be served either by personal service or by certified
mail with return receipt requested, but if service cannot be had by
either of these methods then service may be had by publication in
a newspaper of general circulation published in the Town, and such
notice shall be published at least once a week for four (4) consecutive
weeks.
B.
When the Building Official completes the inspection of the building
or structure and determines that it is in immediate dangerous condition
and has to be vacated and repaired or demolished, he/she shall issue
the order to the owner, occupant, lessee of such building or structure
and shall place a notice on such building or structure reading as
follows:
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"This building or structure is declared a nuisance by the Town
Building Official. This notice is to remain on this building until
it is vacated and repaired or demolished in accordance with the order
which has been given to the owner, occupant, lessee, mortgagee or
agent of this building or structure as shown in the office of the
Recorder of Deeds for Carroll County, Missouri. It is unlawful to
remove this notice until such order is complied with."
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1.
Provided, however, that the posting of such notice shall not
be construed as to deprive any person entitled thereto of a hearing.
C.
The order shall declare that the building or structure having one
(1) or more of the aforementioned conditions to be a nuisance; it
shall specify the conditions to be corrected and any immediate action
to be taken for public safety, providing for a reasonable time for
submitting plans for such repair or demolition, but not normally exceed
thirty (30) days following receipt of such order by personal service
or certified mail, or following the date of last publication in a
newspaper. A copy of the inspection report shall accompany the order
if such order is served personally or by certified mail, otherwise
conditions requiring repair, vacation and repair, or demolition, the
owner, occupant, lessee, mortgagee, agent or structure as shown by
land records of Recorder of Deeds of Carroll County, Missouri, shall
be made parties. Nothing contained herein shall preclude the Building
Official from allowing additional time in which to begin the required
repair or demolition.
[Ord. No. 992 § D, 4-15-1991 (readopted 5-20-2002)]
A.
If the owner or other person having any interest in the building
or structure having been notified as herein provided fails to commence
work of repair or demolition within the time specified or fails to
proceed continuously with such work without unnecessary delay, the
Building Official shall report the same to the Council of the Town.
Thereupon, the Council shall call and have a full and adequate hearing
upon the matter, giving the affected parties at least twenty-one (21)
days' written notice of the hearing on the matter. At such hearing,
any party may be represented by counsel, and all parties shall have
an opportunity to be heard.
B.
After the hearing, if the evidence supports a finding based upon
competent and substantial evidence that the building or structure
is a nuisance or detrimental to the health, safety or welfare of the
residents of the Town, the Town Council shall issue and order, based
upon its finding of facts, based on competent and substantial evidence,
which show the building or structure to be a nuisance, and ordering
the building or structure to be demolished and removed, or repaired.
Any person so notified shall be given no more than thirty (30) days
to commence work as directed by the order.
C.
If the evidence does not support a finding that a building or structure
is a nuisance or detrimental to the health, safety or welfare of the
Town, then no order shall be issued.
[Ord. No. 992 § E, 4-15-1991 (readopted 5-20-2002)]
A.
If the owner, occupant, mortgagee or lessee fails to comply with
the order within thirty (30) days, the Town Council shall proceed
to have the building or structure repaired or demolished according
to the order.
B.
If the Town Council shall have the building or structure repaired
or demolished, the costs of repair or demolition and a reasonable
charge for administration shall be certified to the Town Treasurer
who shall cause a special tax bill therefor against the property to
be prepared and collected. At the request of the taxpayer, the tax
bill may be payable in equal installments over a period of not more
than ten (10) years. The tax bill from the date of its issuance shall
be a lien upon the property until paid. Such tax bill from the date
of issuance shall bear interest at the rate of nine percent (9%) per
annum until paid and shall be superior to any existing liens or encumbrances
on the property in question.
C.
The tax bill from the date of its issuance shall be deemed a personal
debt against the owner of the property. A civil action to collect
this personal debt shall be commenced immediately upon the failure
or refusal to pay the tax bill or any installment thereof.
D.
In the event a civil action suit is required to collect the tax bill,
then, in addition to the tax owed and any interest thereon, the taxpayer
shall be liable for all court costs, and reasonable attorney fees,
and expenses incurred by the Town in such collection.
[Ord. No. 992 § F, 4-15-1991 (readopted 5-20-2002)]
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 shall apply only to a covered claim
payment which is in excess of fifty percent (50%) of the face value
of the policy covering a building or structure:
1.
The insurer shall withhold from the covered claim payment twenty-five
percent (25%) of the covered claim payment, and shall pay such monies
to the Town to deposit into an interest-bearing account. Any named
mortgagee on the insurance policy shall maintain priority over any
obligation under this Subsection.
[Ord. No. 992 Addendum § F, 6-3-2002]
2.
The Town shall release the proceeds and any interest which has accrued on such proceeds received under Subsection (A)(1) of this Section to the insured or as the terms of the policy and endorsements thereto provided within thirty (30) days after receipt of such insurance moneys, unless the Town has instituted legal proceedings under the provisions of Subsection (C) of this Section. If the Town has proceeded under the provisions of Subsection (C), all moneys in excess of that necessary to comply with the provisions of Subsection (C) for the removal of the building or structure, less salvage value, shall be paid to the insured.
B.
This Section shall apply to fire, explosion or other casualty loss
claims arising on all buildings and structures.
C.
This Section does not make the Town 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. 992 § G, 4-15-1991 (readopted 5-20-2002)]
The owner, occupant, lessee, mortgagee, agent or other person
having an interest in any building or structure subject to an order
issued by the Town Council shall have the right to have such order
reviewed by the Circuit Court of Carroll County, Missouri. Any request
for review shall be filed within thirty (30) days from the date of
issuance of such order. The procedure and standards for such review
shall be as set forth in Chapter 536, RSMo.
