[R.O. 2009 § 505.140; Ord. No. 3620 § 1, 7-28-2016; Ord. No. 3847, 8-23-2018; Ord. No. 4259, 9-1-2022]
A.
Authority And Purpose. Pursuant to Section 67.400, et seq., of the Revised Missouri Statutes, the City is authorized to enact orders or ordinances to provide for vacation and the mandatory demolition of structures or mandatory repair and maintenance of structures within the corporate limits of the City which are detrimental to the health, safety or welfare of the residents and declared to be a public nuisance. This Article IV of Chapter 505 has been adopted pursuant to that authority of Section 67.400, RSMo., as amended, and in full compliance with all requirements of Section 67.410, RSMo., as amended.
B.
Dangerous Structures As A Nuisance. All dangerous structures, as defined in Section 505.010, are hereby declared to be public nuisances and the owner of such structures shall be responsible for their repair, removal or demolition.
The following standards shall be
followed by the owners of dangerous structures in repair, removal
or demolition:
1.
If the dangerous structure can reasonably
be repaired so that it will no longer exist in violation of the terms
of this Chapter, it shall be ordered repaired.
2.
If the dangerous structure is in
such condition as to make it dangerous to the health, morals, safety
or general welfare of future occupants, it shall not be occupied until
repaired.
3.
In any case where a dangerous structure is vacant and more than fifty percent (50%) damaged or decayed, or deteriorated from its original value, it shall be demolished; and in all cases where a dangerous structure cannot be repaired so that it will no longer exist in violation of the terms of this Article IV, it shall be demolished.
C.
Duties Of Code Official. The Code Official
shall:
1.
Inspect any structure about which complaints are filed by any person to the effect that a structure is or may be existing in violation of this Article IV.
2.
Inspect any structure reported by the Fire or Police Department as probably existing in violation of the terms of this Article IV.
3.
Report as necessary receipt of such
complaints and the results of the investigation and inspection.
5.
Set out, in the notice provided for in Subsection (C)(4) hereof, a description of the structure deemed unsafe, a statement of the particulars which make the structure a dangerous structure, and an order requiring the same to be put in such condition as to comply with the terms of this Article IV, such work to begin within thirty (30) days of service of the notice.
7.
Appear at all hearings conducted
by the City Administrator or his/her designee and/or Board of Administrative
Review and testify as to the condition of dangerous structures.
D.
Notice. The City of Fenton, Missouri, hereby
establishes the following procedures for notices of dangerous structures
and other unsafe structures or equipment.
1.
Notice Of Dangerous Structure. If
a structure is found to be a dangerous structure, the Code Official
shall prepare and issue a notice, which at a minimum, shall specify
that:
a.
The structure is to be removed, repaired or demolished, and vacated if such be the case, in accordance with the terms of the notice and this Article IV.
c.
The persons having an interest in
said structure shall be given such reasonable time, not exceeding
thirty (30) days, as may be necessary to commence or have commenced
the work or act required by the notice provided for herein.
d.
The notice shall be addressed to
the owner, occupant, lessee, mortgagee, agent, and all other persons
having an interest in the structure as shown by the land records of
the Recorder of Deeds of St. Louis County.
e.
Notice may be served either by personal
service or by certified mail, return receipt requested; but if service
cannot be had by either of these modes of service, then service may
be had by publication.
2.
Identification Of Defects. The notice
shall list defects in the structure that constitute a dangerous structure
and declare that structure a public nuisance.
a.
The notice shall also order the structure
vacated by the 15th day following service of the notice. However,
if the Code Official determines that a condition of imminent danger
exists, the notice shall also order that the structure be vacated
and that the structure be boarded up or otherwise secured within twelve
(12) hours of service of the notice.
3.
Form Of Notice. The notice shall
be in substantially the following form:
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CITY OF FENTON, MISSOURI
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NOTICE OF UNSAFE STRUCTURE AND DECLARATION
OF PUBLIC
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NUISANCE AND ORDER
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Unsafe structure: [insert address
or other adequate description of structure]
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Serve: [insert names of owner, occupant,
lessee, mortgagee, agent and all other persons having an interest
in the structure according to the land records of the St. Louis County
Recorder of Deeds]
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Notice of Unsafe structure, Declaration
of public nuisance, and Order: [complete Paragraphs 1, 2 and either
3a or 3b depending on whether repair or demolition is sought]
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[1]
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THE STRUCTURE IDENTIFIED ABOVE IS
UNSAFE AND IS HEREBY DECLARED A PUBLIC NUISANCE BECAUSE OF THE FOLLOWING
DEFECTS:
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[List specific defects]
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[2]
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NO PERSON MAY OCCUPY THIS STRUCTURE,
OR ANY PART THEREOF, AFTER THE 15TH DAY [or other reasonable period]
FOLLOWING SERVICE OF THIS NOTICE.
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After such date, no person shall
occupy, enter, refuse to leave, or remain in this structure or any
part thereof, except persons directly employed in securing, repairing
or removing such structure.
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[If it is determined that repairs
but not demolition of the dangerous structure is in order, then the
notice shall state:]
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[3a]
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THIS STRUCTURE MUST BE REPAIRED TO
CURE THE DEFECTS LISTED IN PARAGRAPH 1 ABOVE. WORK MUST BEGIN WITHIN
[insert number of days, not exceeding thirty (30)] DAYS FOLLOWING
SERVICE OF THIS NOTICE AND PROCEED CONTINUOUSLY WITHOUT UNNECESSARY
DELAY TO COMPLETION.
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Nothing herein shall prohibit an
owner from complying with a repair order by demolition and removal
of this structure.
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[If it is determined that demolition
of the dangerous structure is in order, then the notice shall also
state:]
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[3b]
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THIS STRUCTURE MUST BE DEMOLISHED
AND REMOVED FROM THE PREMISES BY WITHIN [insert number of days, not
exceeding sixty (60)] DAYS FOLLOWING SERVICE OF THIS NOTICE.
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This demolition order is mandatory.
However, it may be converted into a repair order, provided that plans
and bids satisfactory to the Code Official are presented to the Code
Official within [insert number of days, not exceeding twenty (20)
days] of the service of this notice.
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4.
Posting Of Notice. In addition to
service of the notice as set forth above, a copy of the notice shall
be posted in a prominent place on the premises. The posted notice
shall state that it is, and it is hereby declared to be, unlawful
to remove the notice until such time as the City shall cause the notice
to be removed.
E.
Review Of Code Official's Classification Of Dangerous Structure – Appeal By Aggrieved Person. Any person aggrieved by a finding by the Code Official that a structure is a dangerous structure within the meaning of Section 505.010(F) shall have ten (10) days in which to appeal, in writing, to the City Administrator or his/her designee, who shall schedule a hearing, upon written notice or waiver thereof, which said notice and hearing shall be conducted in accordance with this Article IV.
F.
Failure To Repair, Demolish Or Complete;
Hearing.
1.
Hearing On Failure To Repair/Demolish
As Ordered. If the owner, occupant, lessee, mortgagee, agent and all
other persons having an interest in said structure fail to undertake
repair or demolition within the time specified by the Code Official,
or upon failure to proceed continuously with the work without unnecessary
delay, as provided to be done in the required notice, the Code Official
shall notify the City Administrator or his/her designee, and the City
Administrator or his/her designee shall call and have a full and adequate
hearing upon the matter, giving the owner, occupant, lessee, mortgagee,
agent and all other persons having an interest in said structure at
least ten (10) days' written notice of the hearing served either by
personal service or by certified mail, return receipt requested; but
if service cannot be had by either of these modes of service, then
service may be had by publication. The notice shall also provide that
any party may be represented by counsel, and all parties shall have
an opportunity to be heard.
2.
Determination And Order. If the evidence
at the hearing supports a finding that the structure is a nuisance
or detrimental to the health, safety, or welfare of the residents
of the City, the City Administrator or his/her designee shall render
a final decision in the form of an order making specific findings
of fact, based upon competent and substantial evidence, which shows
the structure to be a dangerous structure thereby constituting a nuisance
and detrimental to the health, safety or welfare of the residents
of the City, and ordering the structure to be vacated, demolished
and removed, or repaired within a specified time. If the evidence
does not support a finding that the structure is a dangerous structure
or otherwise a nuisance or detrimental to the health, safety or welfare
of the residents of the City, no order shall be issued.
G.
Costs Of Abatement; Special Tax Bill Or
Assessment. If the City Administrator or his/her designee, or other
designated officer or Board, issues an order whereby the 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
Collector or other official collecting taxes, unless the 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 structure is located. The
contractor may enforce this lien as provided in Sections 429.010 to
429.360, RSMo., as amended. At the written request of the taxpayer
within thirty (30) days of the date of issuance of the tax bill or
assessment, the tax bill, including the costs of tax collection, accrued
interest and attorneys' fees, if any, 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.
H.
Insurance. If there are proceeds of any
insurance policy based upon a covered claim payment made for damage
or loss to a 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 which is in excess of fifty percent (50%)
of the face value of the policy covering the 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 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 order
or ordinance.
2.
The City shall release the proceeds and any interest which has accrued on such proceeds received under Subsection (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 moneys, unless the City has instituted legal proceedings under the provisions of this Article IV. If the City has proceeded under the provisions of Subsection (G) of this Article IV, all moneys in excess of that necessary to comply with the provisions of Subsection (G) of this Article IV for the removal, securing, repair and cleanup of the structure, and the lot on which it is located, less salvage value, shall be paid to the insured.
3.
If there are no proceeds of any insurance
policy as set forth in 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 until paid.
4.
This Section shall apply to fire,
explosion, or other casualty loss claims arising on all structures.
5.
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.
I.
Emergencies.
1.
When, in the opinion of the Code
Official, it reasonably appears that a dangerous structure, as defined
herein, poses an immediate or potential danger to the health, safety
or welfare of any person, the Code Official may take emergency measures
to vacate the structure and to abate, secure, repair or demolish the
dangerous condition. The Code Official shall order the necessary work
to be done, including the boarding-up of openings, to render such
structure temporarily safe and shall cause such other action to be
taken as may be necessary to meet such emergency.
2.
In the event of such an emergency, the Code Official shall notify interested persons, as promptly as possible, as required in Subsection (D) hereof; provided, however, to protect the health, safety and welfare of the public, the Code Official shall have the authority to act in accordance with Subsection (1) of this Subsection regardless of whether such notice has issued or whether review proceedings as established in Subsection (E) have been instituted.
3.
The Code Official shall cause to
be posted at each entrance to any vacated, dangerous structure a notice
to read substantially as follows: "This Structure Is Unsafe And Its
Occupancy Has Been Prohibited. Do Not Enter." It shall be unlawful
for any person to enter such structure except for the purpose of securing
the structure, making the required repairs, abating the dangerous
condition or demolishing the structure.
4.
For the purposes of this Section, the Code Official shall employ the necessary labor and materials to perform all required work as expeditiously as possible. The costs incurred in the performance of such emergency work shall be collected as provided in Subsection (G) hereof.
5.
In all cases where a structure does not meet the standards for dangerous structures as set forth herein but nonetheless constitutes a nuisance to the general public because it is vacant and open to unauthorized entry, the Code Official may notify the owner to secure the structure within forty-eight (48) hours. In the event the owner fails to secure the structure in that time, the Code Official may take whatever measures are necessary to secure the structure. The cost of such measures shall be recovered in the same manner as that provided in Subsection (G) hereof.
6.
Closing Streets. When necessary for
public safety, the Code Official shall temporarily close structures
and close, or order the authority having jurisdiction to close, sidewalks,
streets, public ways and places adjacent to unsafe structures, and
prohibit the same from being utilized.
J.
Unlawful To Enter Structure Ordered Vacated
Or To Remove Notice. It shall be unlawful for any person to enter
any structure which has been placarded with a notice setting forth
the order of the Code Official or City Administrator or his/her designee
requiring the structure to be vacated. The Police Department may remove
any unauthorized person from any such structure and may take all steps
necessary to prevent any unauthorized person from entering such structure.
K.
Violations And Penalties. Pursuant to Section 67.410.4, RSMo., as amended, any person who shall violate any of the provisions of this Article IV, or fail to obey or abide by an order made pursuant thereto, shall, upon conviction thereof, be fined not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00), unless the owner of the property is not also a resident of the property, then such fine may not exceed two thousand dollars ($2,000.00). Each day any such violation shall occur or continue shall be deemed a separate offense.
