[Ord. No. 2.603 § 1, 10-15-1990]
A.
The
following conditions have been determined to be detrimental to the
health, safety, and welfare of the residents of the City of Greenwood
and therefore constitute a nuisance:
1.
Those whose interior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity of any such wall or vertical structural members
falls outside of the middle third of its base.
2.
Those which, exclusive of the foundation, show 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.
Those which have improperly distributed loads upon the floors,
roofs, or other horizontal structural members, or in which the same
are overloaded, or which have insufficient strength or deflections
to be reasonably safe for the purpose used or intended to be used.
4.
Those which have 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 people of the City.
5.
Those which are uninhabited and are open at door, window, wall
or roof.
6.
Those under construction upon which no substantial work shall have been performed for ninety (90) days immediately next to the time that a notice shall issue under Section 505.040 of this Chapter for the completion or demolition thereof.
7.
Those in the process of demolition upon which no substantial work shall have been performed for a period of fourteen (14) days immediately following the time a notice shall issue to complete the demolition thereof under Section 505.040 of this Chapter.
8.
Those containing therein substantial accumulations of trash,
garbage or other materials susceptible to fire, or constituting or
proving 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.
9.
Those having inadequate facilities for egress in case of fire
or panic.
10.
Those which have parts thereof which are so attached or deteriorated
that they may fall upon public ways or upon the property of others
or may injure members of the public or the occupants thereof.
11.
Those buildings built in violation of any safety provision of
the Building Code, Electrical Code, Plumbing Code, Mechanical Code
or the Fire Prevention Code of the City, or used in violation thereof.
[Ord. No. 2.603 § 2, 10-15-2009]
A.
The
following standards shall be followed in substance by the Building
Inspector in ordering repair, vacation or demolition:
1.
If the dangerous building can reasonably be repaired or maintained
so that it will no longer exist in violation of the terms of this
Chapter, it shall be ordered so repaired or maintained.
2.
If the dangerous building is in such condition as to make it
dangerous to the health, safety, or welfare of its occupants, it shall
be ordered to be vacated pending abatement of the nuisance.
3.
In any case where the dangerous building cannot be reasonably
repaired or maintained so that the building or structure will no longer
exist in violation of the terms of this Chapter, the building or structure
shall be ordered demolished.
4.
In any case where the conditions constituting the public nuisance
are such that the costs to repair or maintain the building or structure
so that it will no longer constitute a public nuisance, equal or exceed
fifty percent (50%) of the value of the building or structure, it
shall be ordered repaired or demolished, and in the event it is not
repaired or demolished by the owner, then the City shall abate the
nuisance by demolition.
5.
Any building or structure constituting a public nuisance because of the conditions described in Subsection (6) of Section 505.010 of this Chapter shall be ordered to be completed in accordance with lawful plans and specifications, and if it shall not be so completed or demolished by the owner, then the City shall abate the nuisance by demolition.
[Ord. No. 2.603 § 3, 10-15-1990]
A.
The
Building Inspector shall:
1.
Inspect or cause to be inspected annually all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial, manufacturing, or loft buildings for the purpose of determining whether any conditions exist as set forth in Section 505.010 of this Chapter.
2.
Inspect any building or structure about which complaints are filed by any person alleging that the building or structure contains any of the conditions described in Section 505.010 of this Chapter.
3.
Inspect any building or structure reported by the Fire or Police Departments of this City when that Department has reason to believe that the building or structure has any of the conditions as set forth in Section 505.010 of this Chapter.
4.
Inspect any building or structure of the City at any time whenever there is reason to believe that the building or structure has a condition described in Section 505.010 of this Chapter.
5.
Determine in any case where inspection shows that a building or structure has any of the conditions referred to in Section 505.010 of this Chapter, whether or not it reasonably appears there is immediate danger to the health, safety or welfare of any person because of such condition. The Building Inspector shall immediately post upon the building or structure a notice reading as follows:
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"This building has been found to be a public nuisance by the
Building Inspector of the City of Greenwood. This building or structure
shall not be occupied until it is brought into compliance with the
ordinances of the City of Greenwood, Missouri. It is unlawful to remove
this notice until such compliance has occurred."
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Nothing contained in this Subsection shall be construed to deprive
any person entitled thereto by this Chapter of the notice and hearings
prescribed herein.
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6.
Report to the Building Inspector any non-compliance with the
notice provided for in this Chapter.
[Ord. No. 2.603 § 4, 10-15-1990]
Whenever the Building Inspector has determined that any building or structure is a public nuisance under the provisions of this Chapter, he/she shall, as soon as possible thereafter, 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 for the appropriate county that such building or structure has been found to be a public nuisance under the provisions of this Chapter. The notice shall set forth a description of the conditions found in the building or structure so as to constitute the building or structure as a public nuisance under Section 505.010 of this Chapter. The notice shall also provide for abatement of the nuisance by ordering the building or structure to be vacated if such be the case, reconditioned, or removed, giving a reasonable time for commencement of the work, and requiring the work to proceed continuously without unnecessary delay.
[Ord. No. 2.603 § 5, 10-15-1990]
Whenever under this Chapter a notice is required to be served
upon the persons interested in any building or structure, the notice
shall be served upon 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, and shall be signed by the person who has the responsibility
to issue the notice. The notice shall be served, if the party or parties
to be served reside in the City, by handing the notice to the person
to be served by anyone competent to be a witness or by leaving the
notice at the usual place of abode of the one (1) to be served with
a member of the household over the age of fifteen (15) years. If the
address of the person to be served shall be known, then service shall
be made by posting a copy of such notice in a conspicuous place on
the building or structure to which it relates and by certified mail,
return receipt requested; but if his/her address shall not be known,
the service of notice shall be by posting and by publication. The
publication shall contain the full text of the notice and shall be
published at least once a week for three (3) consecutive weeks on
the same day of the week in some newspaper of general circulation
published in the appropriate county, and shall contain the time specified
in the notice for a hearing to be held, or for the commencement of
work or for any other thing to be done which shall be at least thirty
(30) days from the date of the first publication of notice.
[Ord. No. 2.603 § 6, 10-15-1990]
A.
Whenever there shall be a failure to obey a notice to abate a public nuisance issued as provided in Section 505.040 by not commencing work in the time specified in said notice, or there shall be a failure to proceed continuously with the work required therein without unnecessary delay, the Building Inspector shall call and have a full and adequate hearing upon the matter giving all affected parties at least twenty-one (21) days' written notice of the hearing. Any party may be represented by counsel, and all parties shall have an opportunity to be heard and present such evidence as shall be relevant to a determination of:
1.
Whether or not the building or structure involved is a public
nuisance under the terms of this Chapter.
2.
Whether the procedure required by this Chapter has been substantially
followed; and
3.
Whether or not the abatement order of the Building Inspector
was reasonable and within the standards of this Chapter.
B.
At the testimony shall be under oath, which may be administered by
the Building Inspector, and a written record of the hearing shall
be made by a reporter to be employed by the City, the cost of which
shall be paid by the City should the proceeding be eventually held
against the City and by the owner if it should not. In the latter
case the cost of such reporting shall be a lien upon the lot, tract,
or parcel of land upon which the building or structure stands, and
shall be added to the cost of performance for demolition and repair
in the event the City shall be required to do so, and payable as provided
for such costs.
[Ord. No. 2.603 § 7, 10-15-1990]
Within thirty (30) days from the date of the hearing required by Section 505.060 of this Chapter, the Building Inspector shall, upon the basis of competent and substantial evidence offered at the hearing, make a conclusion of law as to whether or not the building or structure in question is a public nuisance under the terms of this Chapter and detrimental to the health, safety and welfare of the residents of the City; specifically finding as a matter of fact the condition or conditions of such building or structure which constitute the nuisance. If it is found that the building or structure is a public nuisance, further findings shall be made as to whether or not the procedures required by this Chapter have been substantially met and complied with, and whether or not the abatement order of the Building Inspector to abate the nuisance was reasonable in its terms and conditions and within the standards of this Chapter. In the event it is found that the abatement order was not reasonable or within the standards of this Chapter, it shall be the duty of the Building Inspector to make his/her own findings of fact as to what is reasonably required to abate the public nuisance within the standards of this Chapter. If the Building Inspector finds that a public nuisance does not exist or that the procedures of this Chapter have not been substantially met and complied with, the proceedings against the building or structure shall be dismissed.
[Ord. No. 2.603 § 8, 10-15-1990]
A.
If a proceeding is not dismissed following the findings required by Section 505.070 of this Chapter the Building Inspector shall issue an order directing the building or structure to be completed, repaired, or demolished and vacated as the case may be, within the standards of this Chapter. This order, together with the findings of fact and conclusions of law required by Section 505.070, shall be in writing and shall be immediately delivered or mailed to each party to the hearing or to his/her attorney of record. In addition, copies of the order and findings of fact and conclusions of law shall be posted in a conspicuous place in the office of the Building Inspector for a period of thirty (30) days from the date of issuance thereof. The order shall state a reasonable time which shall not be less than thirty (30) days from the date of issuance within which to comply with the order, and shall further provide that if it is not complied within such time, the Building Inspector shall cause the work to be done by the City and its own crews or by contractors employed by the City for that purpose.
B.
If there shall be no contractor employed by the City for that purpose,
the Building Inspector is hereby authorized to enter into contracts
not to exceed five thousand dollars ($5,000.00) with persons engaged
in the business of repairing or demolishing buildings for the purpose
of enforcing the order provided for in this Section if there are sufficient
funds provided for that purpose in the budget or a supplemental appropriation.
Additional contracts, or contracts for amounts in excess of five thousand
dollars ($5,000.00), must be approved by the Board. The contracts
can be signed only after compliance with the City's prescribed bidding
procedures.
[Ord. No. 2.603 § 9, 10-15-1990]
A.
Whenever the City shall have caused the work to be done as provided by Section 505.080, the Building Inspector shall certify the costs of the work to the City Clerk who shall cause a special tax bill therefor and for the cost of the reporter at the hearing which shall be likewise certified by the Building Inspector, to be issued against the lot, tract or parcel of land upon which the building or structure is located. The special tax bill from the date of its issuance shall be deemed a personal debt against the property owner, and in addition shall be a lien on the lot, tract or parcel of land until paid and shall be registered in the office of the Director of Finance of the City of Greenwood in a book to be kept by him/her for such purposes. The tax bill shall be collected by the City Collector or other official collecting taxes.
B.
Except as provided in Section 505.100(B), at the written request of the taxpayer delivered to the City Clerk of the City, a tax bill for repair or demolition of a building or structure may be paid in ten (10) equal annual installments, which installments with interest thereon to date on the unpaid balance shall be due annually on the anniversary of the date of issuance of the bill. Interest shall be paid at the maximum rate per annum allowable by law on the unpaid balance of the special assessment computed from the date of issuance. If any annual payment of principal or interest shall not be paid within thirty (30) days of its due date the entire remaining balance of the tax bill shall immediately become due and payable.
C.
If request for ten (10) annual payments is not made prior to the
time the Building Inspector shall certify the cost of the work to
the City Clerk, the tax bill shall be payable in sixty (60) days from
its date of issuance with interest thereon at the maximum rate per
annum allowable by law.
[Ord. No. 2.603 § 10, 10-15-1990]
A.
Tax bills issued under Section 505.090 shall be prima facie evidence of the validity of the bill, the doing of the work and liability of the property for the damages stated in the bill and shall be collected if default should occur by suit brought in a court of competent jurisdiction by the City Counselor on behalf of the City. Judgment in any such suit shall be by sale of the property or so much thereof as necessary to satisfy the judgment and the costs of the sale.
B.
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, and if the covered claim payment is in excess of fifty percent
(50%) of the face value of the policy covering a building or other
structure, then the following procedure shall apply:
1.
The insurer shall withhold from the covered claim payment ten
percent (10%) of the covered claim payment, and shall pay that amount
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 Section. If a special tax bill or assessment
is issued by the City for the expenses of demolition of such building
as a dangerous building, the monies held by the City shall be applied
toward payment of special tax bill or assessment. If there is any
excess, it shall be paid by the City to the insured or as the terms
of the policy, including any endorsements thereto, provide.
2.
The City shall release the proceeds and any interest which has accrued on such proceeds received under Subsection (B)(1) 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 under the provisions of Sections 505.080 and 505.090. If the City has proceeded under the provisions of Sections 505.080 and 505.090, all monies in excess of that necessary to comply with the provisions of Sections 505.080 and 505.090 for the removal of the building or structure, less salvage value, shall be paid to the insured.
3.
The City may certify that, in lieu of payment of all or part
of the covered claim payment under this Section, it has obtained satisfactory
proof that the insured has or will remove debris and repair, rebuild,
or otherwise make the premises safe and secure. In this event, the
City shall issue a certificate within thirty (30) days after receipt
of proof to permit covered claim payment to the insured without deduction.
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.
4.
No provision of this Section shall be construed to make the
City a party to any insurance contract.
[Ord. No. 2.603 § 11, 10-15-1990]
A.
Any owner, occupant, lessee, mortgagee, agent or other person having in an interest in the building or structure may appeal from the order and determination of the Building Inspector made under the provisions of Section 505.080 of this Chapter. The appeal shall be made to the Circuit Court of Jackson County as established in Article 536 of the Revised Statutes of Missouri.
B.
Appeal Must Be Authorized. In any appeal as provided by this Section, any person who owns or occupies property located within one thousand two hundred (1,200) feet of the perimeter of the building or structure which is the subject of the suit shall be allowed to present evidence to the court on behalf of the city, town, village or county having a charter form of government, of the condition of the building or structure, whether or not such person presented such evidence at the hearing provided by Section 505.060. The appellant before the court shall have the opportunity to cross-examine any such person presenting evidence to the court.
[Ord. No. 2.603 § 12, 10-15-1990]
In all cases where it reasonably appears that an immediate danger
to the health, safety or welfare of any person exists, the Building
Inspector may take emergency measures to vacate, repair or demolish
a building or structure which is a public nuisance under the provisions
of this Chapter.
[Ord. No. 2.603 § 13, 10-15-1990]
No officer, agent or employee of the City of Greenwood shall
be personally liable for any damage that may occur to any persons
or property as a result of any act required of him/her or permitted
to be taken by him/her under the terms of this Chapter. Any suit brought
against any such officer, agent or employee of the City as a result
of any such acts required or permitted shall be defended by the City
until the final determination of the proceedings, and if judgment
shall be obtained it shall be paid by the City of Greenwood. It is
hereby further declared that no officer, agent or employee of the
City of Greenwood owes any duty under the provisions of this Chapter
to any citizen or other individual but that the duties prescribed
herein and imposed upon officers, agents or employees of the City
are duties to be performed for the government of said City.
