[Ord. No. 3136, 11-21-2016; Ord.
No. 3201, 6-17-2019]
A.
It
shall be the duty of the Building Official to:
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 505.020 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 505.020 of this Chapter.
[Ord. No. 3136, 11-21-2016; Ord.
No. 3201, 6-17-2019]
A.
That
any building or structure which has become dilapidated or structurally
unstable or is in violation of the Building, Sanitation, or Occupancy
Code which violation results in the building or structure presenting
a danger to the health, safety, or welfare of the occupant or residents
of the City shall be deemed by the Building Official to constitute
a public nuisance. These shall include, but not be limited to, the
following buildings or structures:
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 City.
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 in them.
7.
Those having inadequate facilities for exit 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 that are so attached that they may fall and
injure members of the public or property. 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. 3136, 11-21-2016; Ord.
No. 3201, 6-17-2019]
That upon determination of the Building Official a structure
or building constitutes a public nuisance, the Building Official shall
determine, in the best judgment of the Code Enforcement, whether or
not the building or structure presents a risk to the health, safety,
or welfare of the occupants such that the building or structure should
be vacated and whether or not the structure can be reconditioned so
as to abate the public nuisance. If, in the best judgment of the Building
Official, the public nuisance cannot be abated by recondition of the
building or structure, the Building Official shall determine whether
or not the building or structure should be demolished and/or removed.
[Ord. No. 3136, 11-21-2016; Ord.
No. 3201, 6-17-2019]
A.
The
Building Official shall provide notice to any owner, occupant, lessee,
mortgagee, agent, and/or any person having a recorded interest in
any building or structure deemed to constitute a public nuisance.
The notice shall contain:
1.
That the building or structure has been deemed to constitute a public
nuisance.
2.
The description of said nuisance.
3.
That the building or structure so deemed shall be vacated and/or
reconditioned and/or demolished and/or removed.
4.
A reasonable time for commencement of the vacation, recondition,
removal, or demolishment of the building or structure.
5.
Provision that, upon failure to commence vacation, recondition, removal,
or demolishment of the building or structure, the Building Commissioner
or other designated officer shall call and have a full and adequate
hearing upon the matter.
B.
The
notice shall be posted upon the building or structure deemed to constitute
a public nuisance and be served 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 to be served with a
member of the household over the age of fifteen (15) years or by certified
mail, return receipt requested. If the person to be served shall have
absented himself from the City or concealed himself so that personal
service may not be made as herein provided the service of notice shall
be 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 Dunklin County.
[Ord. No. 3136, 11-21-2016; Ord.
No. 3201, 6-17-2019]
Following service of the notice provided in Section 505.040, above, the Building Official shall monitor the building or structure to determine compliance with the notice. If, in the best judgment of the Building Official, vacation, recondition, removal, or demolishment of the building or structure has not commenced by the time set forth in the notice, or has failed to proceed continuously without unnecessary delay, the Building Official shall notify the Building Commissioner.
[Ord. No. 3136, 11-21-2016; Ord.
No. 3201, 6-17-2019]
The Mayor, subject to the consent of the City Counsel, shall
appoint a Building Commissioner or Commissioners to perform the duties
thereof under this Chapter. Any Commissioner so appointed and approved
may only be removed by the Mayor with the consent of the City Council.
[Ord. No. 3136, 11-21-2016; Ord.
No. 3201, 6-17-2019]
Upon notification by the Building Official of the public nuisance and failure to vacate, recondition, remove, and/or demolish the building or structure so deemed, the Building Commissioner shall, upon ten (10) days' written notice given to all parties and in like manner as designated in Section 505.040, hold a hearing relating to the nuisance. Said notice shall notify each party of his or her right to counsel and to present evidence at the hearing.
[Ord. No. 3136, 11-21-2016; Ord.
No. 3201, 6-17-2019]
All testimony taken before the Building Commission shall be
given under oath administered by the Commissioner or officer. Hearings
held under this Chapter may, at the discretion of the Building Commissioner,
be transcribed by a certified court reporter.
[Ord. No. 3136, 11-21-2016; Ord.
No. 3201, 6-17-2019]
The Building Commissioner shall determine whether or not competent and substantial evidence establishes the building or structure constitutes a public nuisance detrimental to the health, safety, or welfare of the residents of the City. If so determined, the Building Commissioner shall issue an order, including and incorporating findings of fact, that the building or structure constituting the nuisance be vacated, reconditioned, demolished, and/or removed and providing a reasonable time for commencement. Said order shall be served on all parties and in like manner as designated in Section 505.040. In the absence of a determination based upon competent and substantial evidence that the building or structure constitutes a public nuisance, no order shall issue.
[Ord. No. 3136, 11-21-2016; Ord.
No. 3201, 6-17-2019]
Following the issuance of said order, the Building Official
shall monitor the building or structure constituting the nuisance
for compliance with the order and shall report compliance or failure
thereof to the Building Commissioner issuing the order.
[Ord. No. 3136, 11-21-2016; Ord.
No. 3201, 6-17-2019]
If the appropriate party fails to comply with the order to vacate,
recondition, demolish, and/or remove the public nuisance, the Building
Commissioner issuing the order may further order the appropriate City
official or private party to perform the ordered work.
[Ord. No. 3136, 11-21-2016]
The party performing the work shall certify the cost of the
work to the City Clerk, and the City Clerk shall issue a special tax
bill against the property, to be prepared and collected by the City
Collector. If a private party performs the work, the private party
will have the option of filing a mechanic's lien against the property
where the dangerous building stands, in lieu of the special tax bill.
The private party may enforce this lien as provided in the Missouri
Revised Statutes for the enforcement of mechanics' liens. If the Clerk
imposes a special tax bill, the taxpayer shall have the right to request
payment of the tax bill over a period of not more than ten years.
Beginning with the date of issuance until paid, the tax bill shall
be deemed a personal debt against the property owner and a lien against
the real estate.
[Ord. No. 3136, 11-21-2016; Ord.
No. 3222, 8-17-2020]
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,
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 twenty-five
percent (25%) 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 (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 proceedings under the provisions of Sections 505.090 to 505.120. If the City has proceeded under the provisions of Sections 505.090 to 505.120, all monies in excess of that necessary to comply with the provisions of Sections 505.090 to 505.120 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. 3136, 11-21-2016]
Any party designated in Section 505.040 of this Chapter holding interest in the building, structure, or land comprising or containing the public nuisance may, within thirty (30) days of the issuance of an order issued pursuant to Section 505.090, appeal the issuance of said order to the Circuit Court of Dunklin County, Missouri, pursuant to the applicable provisions of Chapter 536, RSMo. Any appeal taken by any party shall stay any order issued pursuant to this Chapter until said appeal is fully and finally determined.
[Ord. No. 3136, 11-21-2016; Ord.
No. 3201, 6-17-2019]
In cases where it reasonably appears there is an immediate danger to the health, safety or welfare of the public, due to the existence of a dangerous building, the Building Official shall so report to the Building Commissioner, who shall have the authority to order the appropriate City official or other appropriate person or entity to immediately abate the nuisance in an appropriate manner. The costs of such emergency abatement shall be taxed in the same manner as stated in Section 505.120 above.
[Ord. No. 3136, 11-21-2016; Ord.
No. 3201, 6-17-2019]
The owner, occupant or tenant in possession of any dangerous building who fails to comply with an order issued by the Building Commissioner pursuant to Section 505.090 or who fails to proceed continuously without unnecessary delay to comply with such an order, any person removing any notices authorized by this Chapter, and any person violating any other provisions of this Chapter shall be guilty of an ordinance violation. Upon conviction, such person shall be fined not more than five hundred dollars ($500.00) or imprisoned for a term of not more than ninety (90) days, or both. Each day a person fails to comply with an order authorized by Section 505.040(A)(3) above may be deemed a separate offense.
[Ord. No. 3136, 11-21-2016]
No officer, agent or employee of the City of Malden shall be
personally liable for any damage that may occur to any persons or
property as a result of any act required of him or permitted to be
taken by him 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 Malden. It is hereby further
declared that no officer, agent or employee of the City of Malden
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.
