It is the purpose of this Chapter to provide a just, equitable
and practicable method for the repairing, 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
buildings, as herein defined, that now are in existence or that may
hereafter exist in the Village of Kingdom City, Missouri.
A.
All buildings or structures that are detrimental to the
health, safety or welfare of the residents of the Village and that
have any or all of the following defects shall be deemed "dangerous
buildings":
1.
Those with interior walls 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 Village.
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 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 this Village.
All dangerous buildings or structures, as defined by Section 505.020 of this Chapter, are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided herein.
A.
The following standards shall be followed in substance
by the Building Inspector and the Building Commissioner in ordering
repair, vacation or demolition of any dangerous building.
1.
If the dangerous building can reasonably 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 this Village or Statute of the State of Missouri,
it shall be repaired or demolished.
The City Manager or Assistant City Manager shall be the Building
Inspector(s) within the meaning of this Chapter.
A.
The Building Inspector(s) 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 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 District or Law Enforcement Agency of this Village 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 Callaway County, of any building or structure found by him/her to be a dangerous building or structure within the standards set forth in Section 505.020. 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, then service may be had by publication in a newspaper qualified to publish legal notices for two (2) consecutive weeks.
a.
The notice required shall state that:
(1)
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.
(2)
The occupant or lessee must vacate
said building or have it repaired in accordance with the notice and
remain in possession.
(3)
The mortgagee, agent or other persons
having an interest in said building as shown by the land records of
the Recorder of Deeds of Callaway County may, at his/her own risk,
repair, vacate or demolish the building and clean up the property
or have such work done.
b.
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 required work.
c.
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, a statement indicating that as 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.
5.
Report in writing to the Village Building Commissioner
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.
6.
Appear at all hearings conducted by the Building
Commissioner and testify as to the condition of dangerous buildings.
7.
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.
a.
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 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 Callaway County. It
is unlawful to remove this notice until such notice is complied with."
b.
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 to the notice
and hearing prescribed herein.
The City Manager or Assistant City Manager shall act as Building
Commissioner under this Chapter.
A.
The Building Commissioner shall have the powers and duties
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
Village, the Building Commissioner shall cause an inspection to be
made forthwith. If the Building Commissioner deems it necessary to
the performance of his/her duties and responsibilities imposed herein,
the Building Commissioner may request an inspection and report be
made by any other Village department or retain services of an expert
whenever the Building Commissioner deems such service necessary.
2.
Upon receipt of a report from the Building Inspector
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.
Give written notice of said hearing, either by
personal service or by certified mail, return receipt requested, or
if service cannot be had by either of those modes of service, then
by publication in a newspaper qualified to publish legal notices,
at least ten (10) days in advance of the 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 Callaway County who may 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 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. Any
party may be represented by counsel and all parties shall have an
opportunity to be heard.
4.
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 505.020 of this Chapter.
5.
If the evidence supports a finding based upon
competent and substantial evidence that the building or structure
is a dangerous building and a nuisance and detrimental to the health,
safety or welfare of the residents of the Village, the Building Commissioner
shall issue an order based upon its findings 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 the Recorder
of Deeds of Callaway County to repair, vacate or demolish any building
found to be a dangerous building and to clean up the property, 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 Village, or may vacate and demolish said
dangerous building at his/her own risk to prevent the acquiring by
the Village of the 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 or a nuisance or detrimental
to the health, safety or welfare of the residents of the Village,
no order shall be issued.
6.
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 and the property cleaned up as the facts may warrant. If the Building Commissioner or other designated officer or officers 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 Village 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 Village Collector or other official collecting taxes, unless the building or structure is demolished, secured or repaired by a contractor pursuant to an order issued by the Village and such contractor files a mechanic's lien against the property where the dangerous building is located. The contractor may enforce this lien as provided in Sections 429.010 to 429.360, RSMo. Except as provided in Section 505.090, 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 a rate of eight percent (8%) per annum until paid. (RSMo. §67.410)
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 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:
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 Village 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 Village shall release the proceeds and any interest that has accrued on such proceeds received under Subsection (A)(1) 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 Village has instituted legal proceedings under the provisions of Subsection (A)(6) of Section 505.080. If the Village has proceeded under the provisions of Subsection (A)(6) of Section 505.080, all monies in excess of that necessary to comply with the provisions of Subsection (A)(6) of Section 505.080 for the removal, securing, repair and clean up 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 Village 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.
E.
The Building Commissioner 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 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 (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. (RSMo. §67.414)
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 Callaway County may appeal such decision to the Circuit Court of Callaway 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 of the hearing provided for in Section 505.080 hereof. Otherwise, the appeal shall be made pursuant to the procedures provided for in Section 536.150, RSMo. (RSMo. §67.430)
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 Building Commissioner and the Building Commissioner 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 Sections 505.080 and 505.090. (RSMo. §67.440)
The owner, occupant or lessee in possession of any dangerous building who shall fail to comply with the order to repair, vacate or demolish said building given by the Building Commissioner or who shall fail to proceed continuously without unnecessary delay; and any person removing any notices provided for in this 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 in accordance with Section 100.220 of this Code. Each day that a person fails to comply with an order of the Building Commissioner may be deemed a separate offense. (RSMo. §67.420)