[CC 1990 § 7-101; Ord. No. 874 § 1, 2-7-1994; Ord. No. 1055 § 1, 7-17-1995; Ord. No. 1276 § 1, 6-16-1997]
As used in this Article, the following terms shall have the
meanings indicated:
All buildings or structures having one (1) or more of the
following defects:
Those which have 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 of the middle
third of its base.
Those which have exterior portions, members, appurtenances,
ornamentations or components which are likely to fail or collapse
or to become detached or dislodged and thereby injure persons or damage
property.
Those which are open at door and/or window.
Those which have been damaged by fire, wind, flood, vandalism
or other causes so as to impair the life, health, safety or welfare
of persons who are or might reasonably be in or on neighboring structures
or rights-of-way.
Those which are so dilapidated or unsafe as to be likely to
cause injury to the life, health, safety or welfare of neighbors.
Those which have never been lawfully occupied and for which
a certificate of use and occupancy could not be granted by reason
of incompletion, where construction has been substantially abandoned
for more than two (2) years.
Those which have been for two (2) years boarded up, abandoned,
not used as a residence or by way of other evidence that the structure
shall not be used in the future as a residence based upon the predominant
zoning or in the immediate area as a result of a change in the underlying
zoning district.
[CC 1990 § 7-102; Ord. No. 874 § 2, 2-7-1994; Ord. No. 1055 § 2, 7-17-1995]
All unfit buildings within the terms of this Section are hereby
declared to be public nuisances and shall be repaired, reconditioned,
vacated and repaired or vacated and demolished as herein provided.
[CC 1990 § 7-103; Ord. No. 874 § 3, 2-7-1994; Ord. No. 1055 § 3, 7-17-1995]
A.
In cases where it reasonably appears that there is immediate danger
to the life, health, safety or welfare of any person unless an unfit
building, as defined herein, is immediately repaired, vacated and
demolished, the Building Inspector shall report such facts to the
Director of Planning. The Director of Planning shall take emergency
measures to vacate, repair and/or demolish such dangerous building
or structure with prior written consent from the City Administrator.
The Director of Planning and the City Administrator shall forward
all copies of their actions to the City Council at the Council's next
regular meeting subsequent to such action. The reasons for the Director's
actions shall be set forth in detail in such reports.
[CC 1990 § 7-104; Ord. No. 874 § 4, 2-7-1994; Ord. No. 1055 § 4, 7-17-1995]
A.
The following standards shall be followed by the Director of Planning
and the Building Inspector in ordering repair, vacation or demolition
of an unfit building as defined herein:
1.
If the unfit building can reasonably be repaired so that it
will no longer exist in violation of the terms of this Article, it
shall be ordered to be repaired.
2.
If the unfit building is in such condition as to make it dangerous
to the life, health, safety or welfare of its occupants, it shall
be ordered to be vacated.
3.
In any case where an unfit building is fifty percent (50%) damaged,
decayed or deteriorated, it shall be ordered to be repaired or demolished.
4.
In all cases where a building cannot be repaired so that it
will no longer exist in violation of the provisions of this Article
or any ordinance of this City of Chesterfield or Statute of the State
of Missouri, it shall be ordered to be demolished.
[CC 1990 § 7-105; Ord. No. 874 § 5, 2-7-1994; Ord. No. 1055 § 5, 7-17-1995; Ord. No. 1276 § 2, 6-16-1997]
A.
The City of Chesterfield shall request an inspection to be performed
by the County of St. Louis, its designated representative or any other
inspector designated by the City of Chesterfield upon:
1.
Any structure upon which complaints are made by any person alleging
it is unfit.
2.
Any building or structure reported by a Police Department, Fire
District or any other public agency as apparently unfit.
3.
Any structure or building which has been classified as unfit
pursuant to a study, program or inspection conducted by a St. Louis
County agency or department or by a department of the City of Chesterfield.
B.
If an inspector designated by the City of Chesterfield, St. Louis
County or its designated representative, after inspection, determines
that a building or structure is unfit and the Director of Planning
shall concur with said findings of the inspector pursuant to his/her
written report, the Director of Planning shall declare the building
unfit and a public nuisance.
C.
If the Building Inspector completes inspection of a building and
finds it to be inherently dangerous and, in his/her opinion, constitutes
a nuisance per se, upon approval of such finding ex parte by the Director
of Planning, he/she shall place a notice on such building forthwith,
reading as follows:
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NOTICE
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"This building has been found to be an unfit building by the
Building Inspector. This notice is to remain on this building until
it is repaired, vacated and repaired or vacated and demolished in
accordance with the notice which 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 St. Louis County where the land is located.
It is unlawful to remove this notice until such notice is complied
with."
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Such a finding and posting of this notice shall not deprive
any persons entitled to notice and hearing from receiving such notice
and hearing as otherwise provided by this Article.
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[CC 1990 § 7-106; Ord. No. 874 § 6, 2-7-1994; Ord. No. 1055 § 6, 7-17-1995]
With respect to an unfit building or structure, an affected
party shall include the owner, occupant, lessee, mortgagee, agent
and all other persons having an interest in the building or structure
or its premises as shown by the records of St. Louis County Recorder
of Deeds as of the date the said structure is declared to be unfit
and/or a public nuisance.
[CC 1990 § 7-107; Ord. No. 874 § 7, 2-7-1994; Ord. No. 1055 § 7, 7-17-1995; Ord. No. 1276 § 3, 6-16-1997]
Upon declaration of a public nuisance under this Article, the
City shall notify all affected parties that a public nuisance has
been declared. Such notice shall be served by personal service or
certified mail, return receipt requested, to all affected parties.
If service cannot be had by either of those modes, service will be
by publication. Such shall be in the following form:
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NOTICE OF DECLARATION OF NUISANCE
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(Address or adequate description of building or structure)
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The City demands that the affected parties (vacate, remove or
recondition) the property described above. (If the order is recondition,
it shall be done pursuant to the report of the inspector as adopted
by the City of Chesterfield.)
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No person shall enter this building or structure or any part
hereof after __________, except persons directly employed in securing,
repairing or removing such structure.
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This building or structure shall be repaired or demolished and
removed from the premises no later than thirty (30) days after the
service of a copy of this notice as required by the City ordinance.
If repair or demolition of this building or structure has not begun
and carried forth promptly within the time period stated above, the
City of Chesterfield shall call a hearing which shall be held on the
_____ day of __________, 20_____ on this matter. At such hearing,
the City may order such action as it may deem necessary and the cost,
together with the expenses of the administration, to be assessed against
the property as a special tax lien.
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[CC 1990 § 7-108; Ord. No. 874 § 8, 2-7-1994; Ord. No. 1055 § 8, 7-17-1995]
Upon declaration of nuisance by the City of Chesterfield, a
copy of the notice shall be posted upon the property in a prominent
place.
[CC 1990 § 7-109; Ord. No. 874 § 9, 2-7-1994; Ord. No. 1055 § 9, 7-17-1995]
No person shall enter or occupy a building or structure or portion thereof after the posting of notice as set out in Section 500.570 above, except persons directly employed in securing or removing such building or structure in accordance with the plans approved by the City of Chesterfield.
[CC 1990 § 7-110; Ord. No. 874 § 10, 2-7-1994; Ord. No. 1055 § 10, 7-17-1995; Ord. No. 1276 § 4, 6-16-1997]
Upon failure to commence work or reconditioning or demolition
within the time specified or failure to proceed continuously with
the work without unnecessary delay, the City of Chesterfield shall
call and have a full and adequate hearing on the date and time as
set out in the notice of declaration of nuisance or such other time
as the parties may agree. All affected parties shall receive at least
fifteen (15) days' written notice of the hearing by certified mail
of the date set for the hearing. If for any reason the hearing, as
set out in the notice of declaration of nuisance, is not held on the
date as set out in the notice or at a subsequent date as agreed by
the parties, the City may set a new date for a hearing and all affected
parties shall receive at least fifteen (15) days' written notice of
the hearing by certified mail. Any party may be represented by counsel
and all parties shall have an opportunity to be heard.
[CC 1990 § 7-111; Ord. No. 874 § 11, 2-7-1994; Ord. No. 1055 § 11, 7-17-1995]
A.
The City of Chesterfield shall appoint a hearing officer who shall
be a professional engineer or architect registered in the State of
Missouri and shall be appropriately compensated.
B.
The City may, if it deems appropriate, institute a civil suit in
the State courts for enforcement of the provisions of this Article.
[CC 1990 § 7-112; Ord. No. 874 § 12, 2-7-1994; Ord. No. 1055 § 12, 7-17-1995]
The hearing officer shall preside at all hearings held pursuant
to this Article and shall hear and receive evidence, shall make rulings
relating thereto, and shall perform all other usual or necessary functions
of the presiding officer in an administrative hearing in accordance
with the Missouri Administrative Procedure and Review Act, Chapter
536, RSMo., as amended.
[CC 1990 § 7-113; Ord. No. 874 § 13, 2-7-1994; Ord. No. 1055 § 13, 7-17-1995]
A.
If the evidence supports a finding that the building or structure
is a nuisance or detrimental to the life, health, safety or welfare
of the residents of the City of Chesterfield, the hearing officer
or designated officer shall issue an order making specific findings
of fact, based upon competent and substantial evidence, which shows
the building or structure to be a nuisance and detrimental to the
health, safety or welfare of the residents of the City of Chesterfield.
B.
The City shall issue an order signed by the Director of Planning, based upon the findings of fact made pursuant to the Subsection hereinabove, commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by land records of the Recorder of Deeds of St. Louis County to repair, recondition, vacate and repair, or vacate and demolish any building found to be an unfit building within the terms of this Article. 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 City, or the owner or any person having an interest in said building as shown by the land records of the Recorder of Deeds of the County may vacate and demolish said unfit building at his/her own risk to prevent the acquiring by the City of a lien against the land where the unfit building stands as provided in Section 500.640 herein.
C.
If the evidence does not support a finding that the building or structure
is a nuisance or detrimental to the life, health, safety or welfare
of the citizens of the City, no order shall be issued.
[CC 1990 § 7-113.1; Ord. No. 1055 § 14, 7-17-1995]
Any affected party as specified in Section 500.550 of this Article who is aggrieved by a final decision of the City Council in a contested case, whether such decision is affirmative or negative in form, shall be entitled to judicial review in Sections 536.100 to 536.160, RSMo., as amended.
[CC 1990 § 7-114; Ord. No. 874 § 14, 2-7-1994; Ord. No. 1055 § 15, 7-17-1995; Ord. No. 1276 § 5, 6-16-1997]
If the owner, occupant, mortgagee or lessee fails to comply
with the order or extension thereof within thirty (30) days, the Director
of Planning shall cause such building or structure to be repaired,
vacated and repaired or vacated and demolished as the facts may warrant
under the standards herein provided for. He/she shall certify the
charge for such repair, vacation or demolition as well as any costs
to record or release any lien to the City Clerk as a special assessment
represented by a special tax bill against the real property affected.
Said tax bill shall be lien upon said property and shall be enforced
to the same extent and in the same manner as all special tax bills
for assessments payable in one (1) installment. Said assessments are
payable at the rate of eight percent (8%) per annum until paid or,
if requested, the tax bill may be paid in installments over a period
of not more than ten (10) years. From the date of its issuance, the
tax bill shall be deemed a personal debt against the property owner
and shall also be a lien on the property until paid.
[CC 1990 § 7-115; Ord. No. 874 § 15, 2-7-1994; Ord. No. 1055 § 16, 7-17-1995]
A.
Should any building or structure, the subject of an order issued pursuant to Section 500.620 and upon which a special tax bill has been issued against the property, suffer damage or loss by fire, explosion or any other casualty loss, it shall be deemed a personal debt against the property owner. Where the property owner receives a covered claim payment in excess of fifty percent (50%) of the face value of the policy covering such building or 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 Article.
2.
The City 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 provide within thirty (30) days after receipt of such insurance monies, unless the City has instituted legal proceedings under the provisions of Section 500.600 of this Article. If the City has proceeded under the provisions of Section 500.600 of this Article, all monies in excess of that necessary to comply with the provisions of this Article for the removal of the building or structure less salvage value, to board up the building or structure or to clean up the property after a casualty loss shall be paid to the insured.
3.
If there are no proceeds of any insurance policy as set forth in Subsection (A)(1) 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 until paid.
[CC 1990 § 7-116; Ord. No. 874 § 16, 2-7-1994; Ord. No. 1055 § 17, 7-17-1995]
Any person having an interest in an unfit building who fails to comply with any notice or order to repair, recondition, vacate or demolish said building, given by any person authorized by this Section to give such notice or order, shall be guilty of an offense. The occupant or lessee in possession, who fails to comply with any notice to vacate, and any person having an interest in said building as shown by the land records of the Recorder of Deeds for St. Louis County under a legal duty to repair, who fails to repair said building in accordance with any notice given as provided for in this Section, shall be guilty of an offense. Any person removing any notice provided for in this Article shall be guilty of an offense. Any person violating this Section shall be subject to a penalty as set out in Section 100.080 of this Code.
[CC 1990 § 7-117; Ord. No. 1000 § 2, 2-21-1995; Ord. No. 1055 § 18, 7-17-1995]
This Article shall be administered and enforced by the Director
of Planning and the Director of Public Works who shall have the authority
and duty to designate authorized personnel of the City of Chesterfield
and shall be empowered in the performance of their functions to enter
upon any land in the City for the purpose of making inspections, examinations
and determinations to effectuate the purpose and provisions of this
Article. The above authorized personnel shall be required to present
proper credentials upon demand when entering any land or structure
for the purpose of this Article.
