[Ord. No. 2017-24, 7-11-2017]
It is the purpose of this Article to provide a just, equitable
and practicable method for the repairing, vacation or demolition of
the buildings or structure that may endanger the life, limb, health,
property, safety or welfare of the occupants of such buildings or
the general public, and this Article shall apply to all dangerous
buildings, as herein defined, that now are in existence or may hereafter
exist in the City of Lake Ozark, Missouri.
[Ord. No. 2017-24, 7-11-2017]
A. All
buildings or structures 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 wall 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 third of its
base.
2.
Those that, 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 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, wind, 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.
5.
Those that are so dilapidated, decayed, unsafe, unsanitary,
or that so utterly fail to provide amenities essential to decent living
that they are unfit for human habitation, or are likely to cause sickness
or disease, so as to threaten injury to the health, safety, or welfare
of those occupying such building.
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 means of evacuation.
8.
Those that have parts thereof that are so attached that they
may fall 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 the City.
[Ord. No. 2017-24, 7-11-2017]
All dangerous buildings or structures, as defined by Section
215.080 of this Article are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided herein.
[Ord. No. 2017-24, 7-11-2017]
A. The
following standards shall be followed in substance by the Building
Inspector in ordering repair, vacation or demolition of any dangerous
building.
1.
If the dangerous building can be reasonably be repaired so that
it no longer will exist in violation of the terms of the Article,
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 Article 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 Article or any Ordinance
of this City or Statute of the State of Missouri, it shall be repaired
or demolished.
[Ord. No. 2017-24, 7-11-2017]
The building inspector shall be the Building Inspector(s) within
the meaning of this Article.
[Ord. No. 2017-24, 7-11-2017]
A. The
Building Inspector(s) shall have the duty under this Article 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
to be 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 be existing 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 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 of Camden/Miller
County, of any building or structure found by him/her to be a dangerous
building or structure within the standards set forth in 215.080. Such
notice shall be in writing and shall be given either by personal service
or by certified mail, return receipt requested, or if service cannot
be had by either of these modes of service, the service may be had
by publication in a newspaper qualified to publish legal notices for
two (2) consecutive weeks. The notice required shall state that:
a.
The owner must vacate, vacate and repair, or vacate and demolish
said building and clean up the lot or property on which the building
is located in accordance with the terms of the notice and this Chapter.
b.
The occupant or 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 Camden/Miller County may, at his/her own risk, repair, vacate or
demolish the building and clean up the property or have such work
done, provided that any person notified under this Subsection to repair,
vacate or demolish any building or clean up the property, shall be
given such reasonable time not exceeding thirty (30) days to commence
the work.
5.
The notice provided for 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,
said building or structure constitutes a 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 Administrator the non-compliance
with any notice to vacate, repair, demolish, clean up the property
or upon the failure to proceed continuously with the work without
unnecessary delay.
7.
Appear at all hearing conducted by the City Administrator and
testify as to the condition of dangerous buildings.
8.
Immediately report to the City Administrator concerning any
building found by him/her to be inherently dangerous and that he/she
determined to be a nuisance. The City Administrator 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 by
the Building Inspector. This notice is to remain on this building
and/or property until it is repaired, vacated, or demolished and the
property is cleaned up 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 Camden/Miller County.
It is unlawful to remove this notice until such notice is complied
with."
[Ord. No. 2017-24, 7-11-2017]
A. The
City Administrator shall:
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 City Administrator shall cause an inspection to be made forthwith.
If the City Administrator deems it necessary to the performance of
his/her duties and responsibilities imposed herein, the City Administrator
may request an inspection and report be made by any other City department
or retain services of an expert whenever the City Administrator deems
such service necessary.
2.
Upon receipt of a report from the Building Inspector in indicating
failure by the owner, lessee, occupant, mortgagee, agent or other
person(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.
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
215.080 of this Chapter.
4.
If the owner, occupant, mortgagee or lessee fails to comply
with the order within thirty (30) days, the City Administrator shall
cause such building or structure is demolished and the property cleaned
up as the facts may warrant. If the City Administrator or other designated
officer(s) 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. 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 the maximum interest rate allowed by State law.
[Ord. No. 2017-24, 7-11-2017]
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 Section. This Section 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 Subsection
(A) of this Section 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. If the City as instituted legal proceedings, all monies in excess of that necessary for the removal, securing, repair and cleanup 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 the insurance policy.
E. The City Administrator may certify that, in lieu of payment of all or part of the covered claim payment 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 City Administrator 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 for in this Subsection.
[Ord. No. 2017-24, 7-11-2017]
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 Camden/Miller County may appeal such decision
to the Circuit Court of Camden/Miller County, as provided for in Sections
536.100 to 536.140, RSMo., if a proper record as defined in Section
536.130, RSMo., is maintained. Otherwise, the appeal shall be made
pursuant to the procedures provided for in Section 536.150, RSMo.
[Ord. No. 2017-24, 7-11-2017]
In cases where it reasonably appears that there is immediate
danger to the health, life, safety or welfare of any person unless
a dangerous building, as defined herein, is immediately repaired,
vacated or demolished and the property is cleaned up, the Building
Inspector shall report such facts to the City Administrator and the
City Administrator may cause the immediate repair, vacation or demolition
of such dangerous building. The costs of such emergency repair, vacation
or demolition of such dangerous building shall be collected in the
same manner as provided in this Chapter.
[Ord. No. 2017-24, 7-11-2017]
The owner, occupant or lessee in possession of any dangerous
building who fails to comply with the order to repair, vacate, or
demolish said building who fails to comply with the order to repair,
vacate, or demolish said building given by the City Administrator
or who fails to proceed continuously without unnecessary delay; and
any person removing any notices provided for in the Chapter and any
person violating any other provisions of this Chapter shall be guilty
of an ordinance violation and, upon conviction thereof, shall be fined
not more than five hundred ($500.00). Each day that a person fails
to comply with an order of the Building Inspector or City Administrator
may be deemed a separate offense.