Chapter 17
NUISANCES
Art. I,
Nuisances, Weed Abatement, Sec. 17-1 - 17-15
Art. II,
Junk yards, Sec. 17-16 - 17-30
Art. III,
Abandoned Vehicles, Sec. 17-31 - 17-50
Art. IV, Dangerous Buildings, Sec. 17-51-
17-70
ORDINANCE
NO. 2010 - 47, Amending and Restating the Public Nuisance Code
ARTICLE
Sec. 17-1. Definition.
For the purposes of this chapter, the word
"nuisance" is hereby defined as any person doing an unlawful act, or
omitting to perform a duty, or suffering or permitting any condition or thing to
be or exist, which act, omission, condition or thing either:
(1) Injures or
endangers the comfort, repose, health or safety of others; or
(2) Offends decency;
or
(3) Is offensive to
the senses; or
(4) Unlawfully
interferes with, obstructs or tends to obstruct or renders dangerous for passage
any public or private street, highway, sidewalk, stream, ditch, or drainage; or
(5) In any way
renders other persons insecure in life or the use of property; or
(6) Essentially
interferes with the comfortable enjoyment of life and property, or tends to
depreciate the value of the property of others.
[State Law Ref.
67.398 RSMo] (Ord. 95-96, 8/14/95)
Sec.
17-2. Illustrative
enumeration.
The maintaining,
using, placing, depositing, leaving or permitting to be or remain on any public
or private property of any of the following items, conditions or actions are
hereby declared to be and constitute a nuisance; provided, however, this
enumeration shall not be deemed or construed to be conclusive, limiting or
restrictive:
(1) Accumulation of
rubbish, trash, refuse, junk and other abandoned materials, metals, lumber or
other things,
(2) Any condition
which provides harborage for rats, mice, snakes, birds, and other vermin.
(3) Any building or
other structure which is in such a dilapidated condition that it is unfit for
human habitation, or kept in such an unsanitary condition that it is a menace to
the health of people residing in the vicinity thereof, or presents a more than
ordinarily dangerous fire hazard in the vicinity where it is located.
(4) All unnecessary
or unauthorized noises and annoying vibrations, including animal noises.
(5) All disagreeable
or obnoxious odors and stenches, as well as the conditions, substances or other
causes which give rise to the emission or generation of such odors and stenches.
(6) The carcasses of
animals or fowl not disposed of within one hour after death.
(7) The pollution of
any public well or cistern, stream, lake, canal or body of water by sewage, dead
animals, creamery, industrial wastes or other substances.
(8) Any building,
structure or other place or location where any activity which is in violation of
local, state or federal law is conducted, performed or maintained.
(9) Any accumulation
of stagnant water permitted or maintained on any lot or piece of ground.
(10) Dense smoke,
noxious fumes, gas, soot or cinders, in unreasonable quantities.
(11) Dead trees and
dead limbs of trees so located that the falling thereof would endanger the
safety of persons using any public sidewalks in the City, or endanger the safety
of any pedestrian or occupant of any motor vehicle traveling upon any public
street.
(12) Any growth of
weeds, grasses or bushes to a greater height than twelve (12) inches; provided
that this shall not apply to planted or cultivated flowers, shrubbery or other
landscaping.
(13) All articles or
things whatsoever, caused, kept, maintained or permitted by any person to the
injury, or danger, of the public health, safety or welfare.
(14) Tree limbs and
branches which overhang any public sidewalk or public street of such height
above the sidewalk or street as shall impede and interfere with the use of said
sidewalk by any person, or impede and interfere with the use of said street by a
pedestrian or the operator of any motor vehicle, or shall endanger the safety of
any person using any public sidewalk, or endanger the safety of any pedestrian
or occupant of any motor vehicle traveling upon any public street.
(15) Unsheltered
storage of old, used, stripped, junked, and other automobiles not in good and
safe operating condition, and of any other vehicles, machinery, implements,
and/or equipment and personal property of any kind which is no longer safely
useable for the purposes for which it was manufactured, which has accumulated
for a period of thirty days or more (except in licensed junk yards).
(Ord. 95-96, 8/14/95)
Sec. 17-3
Prohibited.
It shall be unlawful
for any person to cause, permit, maintain or allow the creation or maintenance
of a nuisance within the city limits and within one-half mile of the boundaries
thereof.
(Ord. 95-96, 8/14/95)
Sec. 17-4
Code Enforcement Officer.
The City Zoning
Administrator, all city police officers and all other City employees designated
by the Mayor or City Administrator shall be Code Enforcement Officers within the
meaning of this section.
(Ord. 95-96, 8/14/95)
Sec. 17-5
Duties of Code Enforcement Officer.
A Code Enforcement
Officer shall have the duty under this section to:
(1) Inspect, or
cause to be inspected, as often as may be necessary, any premises there is
reason to suspect the existence of any nuisance. If the Code Enforcement Officer
deems it necessary to the performance of his duties and responsibilities imposed
herein, the Code Enforcement Officer may request an inspection and report be
made by any other city department or retain services of an expert whenever the
Code Enforcement Officer deems such service necessary.
(2) Notify in
writing, 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) successive weeks, the owner, occupant, lessee, mortgagee,
agent and all other persons having an interest in said premises as shown by the
land records of the Recorder of Deeds of Livingston County, of any condition
found by him to be a nuisance within the standards set forth in Section 17-1 and
17-2.
(3) Report in
writing to the Hearing Officer the noncompliance with any notice to abate the
nuisance or upon the failure to proceed continuously with the work without
unnecessary delay;
(4) Appear at all
hearings conducted by the Hearing Officer and testify as to the condition of the
alleged nuisance.
(5) Immediately
report to the Hearing Officer concerning any nuisance found by him to be
inherently dangerous and that he determined to be a nuisance per se. The Hearing
Officer may direct that such premises be marked or posted with a written notice
reading substantially as follows:
"This premises
has been found to be a nuisance by the Code Enforcement Officer. This notice is
to remain on the property until the nuisance is abated in accordance with the
notice that has been given the owner, occupant, lessee, mortgagee or agent of
this premises, and all other persons having an interest in said premises as
shown by the land records of the Recorder of Deeds of Livingston County. It is
unlawful to remove this notice until such notice is complied with".
Provided, however,
that the order by the Hearing Officer and the posting of said notice, shall not
be construed to deprive all persons entitled thereto by this section to the
notice and hearing prescribed herein.
(Ord. 95-96, 8/14/95)
Sec. 17-6
Contents of Notice.
The notice to abate
shall state that:
(a) The owner, the
occupant or lessee, and the mortgagee, agent or other persons having an interest
in said building as shown by the land records of the Recorder of Deeds of
Livingston County must abate the nuisance in accordance with the terms of the
notice and this section;
(b) A description of
the condition deemed to be a nuisance;
(c) A statement of
the acts necessary to abate the nuisance;
(d) An order
requiring the designated work to be commenced within a reasonable time 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. (Ord. 95-96, 8/14/95)
Sec. 17-7
Hearing Officer.
The City
Administrator or other officer designated by the City Council shall act as
hearing officer under this section.
A. Duties. The
Duties of the Hearing Officer include:
1. Cause the Code
Enforcement Officer to make inspections and perform all the duties required of
him by this section. If the Code Enforcement Officer deems it necessary to the
performance of his duties and responsibilities imposed herein, the Code
Enforcement Officer may request an inspection and report be made by any other
city department or retain services of an expert whenever the Code Enforcement
Officer deems such service necessary.
2. Upon receipt of a
report from the Code Enforcement Officer indicating failure by the owner,
lessee, occupant, mortgagee, agent or other person(s) having interest in said
premises to abate nuisance within the time specified by this section or upon
failure to proceed continuously with work without unnecessary delay, the Hearing
Officer shall hold a hearing giving the affected parties a full and adequate
hearing on the matter.
The Code Enforcement
Officer will cause written notice, either by personal service or by certified
mail, return receipt requested, or by publication for two (2) successive weeks,
in a newspaper qualified to publish legal notices, at least ten (10) days in
advance of a hearing date, to be served on the owner, occupant, mortgagee,
lessee, agent and all other persons having an interest in said premises as shown
by the land records of the Recorder of Deeds of Livingston County, to appear
before the Hearing Officer on the date specified in the notice to show cause why
conditions alleged to be a nuisance should not be abated in accordance with the
statement of particulars set forth in the Code Enforcement Officer's notice as
provided herein.
Any party may be
represented by counsel and all parties shall have an opportunity to be heard.
3. Make written
findings of fact from the evidence offered at said hearing as to whether or not
the premises in question is a nuisance within the terms of Section 17-2.
4. If the evidence
supports a finding based upon competent and substantial evidence that the
premises is a nuisance, the Hearing Officer shall issue an order based upon its
findings of fact commanding the owner, occupant, mortgagee, lessee, agent or
other persons(s) having an interest in said premises as shown by the land
records of Livingston County, to abate the nuisance. If the evidence does not
support the allegation that the premises is a nuisance, no order shall be
issued.
5. If the nuisance
suppressed is within the city limits, and the owner, occupant, mortgagee, or
lessee fails to comply with the order within thirty (30) days, the Hearing
Officer shall cause such nuisance to be abated as the facts may warrant; and the
Hearing Officer shall certify the cost of the work borne by the City for such
abatement to the City Clerk. The City Clerk shall endorse the report, prepare a
special tax bill to be collected by the City Treasurer, have the special tax
bill recorded and issue it to the owner or owners of the property chargeable
therewith, on or before the first day of June of each year. The special tax bill
shall include a charge of Twenty-five dollars ($25.00) for inspection of the
property, and a charge for the actual cost of the giving of notice, and a
further charge of Twenty-five dollars ($25.00) for the issuance and recordation
of the special tax bill plus the cost of abatement as determined by the Hearing
Officer. The special tax bill from the date of its issuance shall be a lien on
the property until paid and shall be prima facie evidence of the recitals
therein and of its validity and no mere clerical error or informality in the
procedure by the City shall be a defense to any action brought pursuant to the
provisions of this section by the City. Such tax bills if not paid within thirty
(30) days after issuance shall bear interest at the rate of eight (8%) percent
per annum, and may be referred to the city attorney by the Treasurer with the
approval of the Mayor for collection.
6. All such special
tax bills issued for abatement of nuisances shall be collectible by suit brought
by the City Attorney in the name of the City and the costs of bringing the
action, including reasonable attorney's fees, shall be charged against the
property owner, occupant, or person in control.
7. If the nuisance
suppressed is outside the city limits, and the owner, occupant, mortgagee, or
lessee fails to comply with the abatement order within thirty (30) days, the
Hearing Officer shall cause such nuisance to be abated as the facts may warrant.
The Hearing Officer shall certify the cost of the work borne by the city to the
attorney for the city and the attorney shall collect such sum by suit in the
name of the city and the costs of bringing the action, including reasonable
attorney fees, shall be charged against the owner, occupant, mortgagee or
lessee.
(Ord. 95-96, 8/14/95)
Sec. 17-8
Appeal.
Any owner, occupant,
lessee, mortgagee, agent or any other person(s) having an interest in a premises
declared to be a nuisance as shown by the land records of Livingston County,
may, within thirty (30) days from the receipt of the order of the Hearing
Officer, appeal such decision to the Circuit Court of Livingston County,
pursuant to the procedure established in Chapter 536 of the Revised Statutes of
Missouri. (Ord. 95-96, 8/14/95)
Sec. 17-9
Emergencies.
In cases where it
reasonably appears that there is immediate danger to the health, life or safety
of any person unless a nuisance, as defined herein, is immediately abated, the
Code Enforcement Officer shall report such facts to the Hearing Officer and the
Hearing Officer may cause the immediate abatement of such nuisance. The costs of
such emergency abatement of such nuisance shall be collected in the same manner
as provided above. (Ord. 95-96, 8/14/95)
Sec. 17-10
Violations, disregarding notices or orders.
(a) The owner,
occupant or lessee in possession of any premises containing a nuisance who shall
fail to comply with the order to abate the said nuisance given by the Hearing
Officer shall be guilty of an ordinance violation and upon conviction shall be
punishable as set forth below.
(b) Any person
removing any notices provided for in this section shall be guilty of an
ordinance violation and upon conviction shall be punished as set forth below.
(Ord. 95-96,
8/14/95)
Sec. 17-11
Penalties.
Any person violating
the provisions of this section is guilty of a violation of an ordinance and upon
conviction thereof, shall be fined not more than two hundred dollars ($200.00).
Each day that a person fails to comply with an order of the Hearing Officer may
be deemed a separate offense.
(Ord. 95-96, 8/14/95)
Sec. 17-12
Weed Abatement.
(1)
Definition - Any growth of weeds, grasses, or bushes to a greater height
than twelve (12") inches, other than planted or cultivated flowers,
shrubbery or other landscaping are hereby declared to be and constitute a
nuisance and the abatement of said nuisance is specifically governed by Section
17-12 herein.
(2)
Enforcement - Upon determination by the Code Enforcement Officer of the
growth of weeds, grasses, or bushes that is to be determined a nuisance as
defined in Section 17-12 (1) above, said Code Enforcement Officer shall provide
written notice to the owner or owners, or his or their agents, of the property
either personally, by United States mail, or by posting notice on the premises.
Said notice shall provide that the owner or their agent shall be provided a
hearing no sooner than ten (10) days after the date service, mailing, or posting
of said notice. The Hearing Officer shall conduct a hearing at any time after
ten (10) days of the date of the notice and if it is found that the weeds or
grass are, in fact, a nuisance as set forth above, shall order same to be abated
within five (5) days and if the weeds or grass are not cut down or removed
within five (5) days, the Code Enforcement Officer or other designated City
Officer shall have the weeds or grass cut down and removed and shall certify the
cost of same to the City Clerk who shall cause the special tax bill thereof
against the property be prepared and to be collected by the Collector with other
taxes assessed against the property and the tax bill from the date of its
issuance shall be a first lien on the property until paid and shall be prima
facie evidence of the recitals therein and of its validity and no mere clerical
error or informality in the same, or in the proceedings leading up to the
issuance, shall be a defense thereto. Each special tax bill shall be issued by
the City Clerk and delivered to the Collector on or before the first day of June
of each year. Such tax bills, if not paid when due, shall bear interest at the
rate of 8% per annum. Section 17-8, 17-9, 17-10 and 17-11 herein shall apply to
the abatement of weeds. [State Law ref. 71.285 RSMo]
Secs. 17-13 - 17-15 Reserved.
ARTICLE II. JUNK YARDS
Sec. 17-16. Definitions.
The following terms
as used in this act, unless the context otherwise indicates, means and includes;
1. "Junk"
rags, paper, scrap, metal, old and wrecked motor vehicles, and machinery and any
scrap or salvage collected for purpose of sale or resale or for purpose of
dismounting or wrecking or for purpose of salvaging any part or parts therefrom.
2. "Junk
yard" a place of business where junk or salvage is collected and held for
the purpose of dismounting and wrecking, or for the purpose of salvaging any
part or parts therefrom; or with the purpose of salvaging any part of the same.
It shall also include any lot, lots or parcels thereof where two or more
vehicles which cannot be moved under their own power are gathered for a period
longer than thirty days.
3.
"Person" individuals, partnerships, corporations and associations.
4. "City"
corporate limits of
5. "Clerk"
City Clerk of
6.
"Council" City Council of
7.
"Treasurer" City Treasurer of
(Ord.No. 89-9,
3-27-89)
Sec. 17-17. License required.
Any person engaged
in establishing or operating a junk yard for the purpose aforesaid shall file
with the clerk an application for a license to transact such business under the
provisions of this act. The application shall state the nature of the business
and a legal description of the premises on which the business is to be operated
and a separate license shall be secured for each place, where a junk yard is to
be conducted such as is defined and required to be licensed under the provisions
of this act. The clerk shall then issue to the applicant a license upon payment
of an annual license fee of $50.00 entitling the applicant to conduct a Junk
Yard for the period of the licensed year. All license fees collected under this
section shall be made payable to the order of the Treasurer and deposited by the
Treasurer in the general revenue fund of the City. Any Junk Yard being operated
in the City at the effective date of this section under a license issued by the
City shall be required to purchase a license at the above rate upon the
expiration of the period of time for which said Junk Yard shall have been
licensed. No Junk Yard shall be operated within the City without a license so
issued and no license shall be issued or renewed to any Junk Yard violating the
provisions of this section. (Ord.No. 89-9, 3-27-89)
Sec. 17-18. Post license.
Every business
licensed under the provisions of the chapter and carrying on or conducting
business under the license shall publicly post in a conspicuous place in or at
the place of business licensed, the license issued by the Clerk, the license to
be kept so posted or displayed for inspection by any person. (Ord.No. 89-9,
3-27-89)
Sec. 17-19. Keep clean.
All Junk Yards to be
licensed under the provisions of this chapter and all Junk Yards now being
operated in the City at the effective date of this section shall be kept
reasonably sanitary and clean and free of all hazardous waste materials as
defined by any Federal or State law or regulation. (Ord.No. 89-9, 3-27-89)
Sec. 17-20. Operation of business - by
Licensees.
All licensees hereunder shall observe the
following regulations in operating junk yards:
(a) The premises
constituting the junk yard shall be enclosed within a building, or the front
side of such premises and the sides thereof to a depth of fifty feet, or such
other depth specified by the council, shall be enclosed by a wooden, metallic or
plastic fence not less than eight feet in height, in which the openings or
cracks are less than fifteen percent of the total area. The fence shall be
constructed from same material from end to end, and top of fence shall be an
even height following the contour of the land, with posts and support on side of
fence facing the junk yard.
(b) Rags, paper and
cardboard shall be stored within a suitable structure or enclosed by a fence to
prevent their escape when blown by the wind.
(c) No rags, paper,
cardboard, rubber or other flammable materials shall be stored on the premises
within seventy-five feet of any oil, gasoline or other flammable liquids of the
operator or any other adjoining property owner or lessee.
(d) An unobstructed
and usable roadway must be maintained in good condition at all times into and
within the confines of the premises to permit ready and quick access to all
points on the premises where rags, paper, cardboard and all other flammable
materials are stored, so that any fire may be quickly extinguished.
(e) All exterior
areas on the outside of the walls or fences surrounding the premises to be used
as a junk yard shall be kept in a clean and neat condition, free from any of the
materials stored within the junk yard.
(f) At no time may
any hazardous waste material be received or stored without compliance with all
Federal and State laws and regulations and without at least 60 days prior notice
to the City Clerk. The Fire Chief of the City shall at all times be informed as
to the location and nature of such items. (Ord.No. 89-9, 3-27-89)
Sec. 17-21. Location of business.
All junk yards
established in this city after January 1, 1990 shall be located only in such
districts as may be provided under the zoning map of the city as incorporated
into such chapter.
(Ord.No. 89-9, 3-27-89)
Sec. 17-22. Inspections; reporting of
violations.
The health
inspector, or other officer of the city shall make an inspection of each junk
yard and auto wrecking shop within the city at least once a year, and more
frequently if deemed necessary, to determine that the operators thereof are in
compliance with the provisions of this section. Any violations of the terms of
this section shall be reported to the city attorney. (Ord.No. 89-9, 3-27-89)
Sec. 17-23. Violations and penalties.
Any licensee
violating the terms of this section shall be deemed guilty of an ordinance
violation and punished accordingly. Each day that a violation persists shall be
considered a new and separate violation hereunder.
Any licensee
convicted of violating the terms of this section on three different occasions
within any twelve month period shall have his license to operate the business of
a junk yard revoked by the clerk.
No licensee whose
license has been revoked under the terms of this section shall be entitled to
receive a new license to operate a junk yard within a period of one year from
the date of revocation of the license.
No licensee whose
license has been revoked under the terms of this section shall be entitled to
any refund of the fee paid to the city treasurer for the original issuance of
such license.
(Ord.No.89-9, 3-27-89)
Sec. 17-24. Injunction.
In addition to the
remedies provided for in this section or by law the City Attorney is hereby
authorized to apply to any Court of competent jurisdiction for a temporary or
permanent injunction to restrain any person from violating any provisions of
this section.
(Ord.No. 89-9,
3-27-89)
Secs. 17-25 - 17-30.
Reserved.
ARTICLE III. ABANDONED VEHICLES
Sec 17-31.
Definitions.
(a)
Person: Any person, firm, partnership, association, corporation or
other organization of any kind.
(b)
Vehicles: Any machine
propelled by power other than human power designed to travel along the ground by
use of wheels, treads, runners or slides, including but not limited to
automobiles, trucks, trailers, motorcycles, tractors, buggies and wagons, or any
part thereof.
(c)
Junk: Any metal, glass, paper, rags, wood, machinery parts, cloth
or other waste or discarded material of any nature or substance whatsoever, or
scrap or salvage materials.
(d)
Street or Highway: The entire area between the boundary lines of
every publicly maintained way when any part thereof is open to the use of the
public for purposes of vehicular travel.
(e)
Property: Any land owned by the city or located within the city
limits, not including streets and highways.
(f)
Damaged or Disabled Vehicle: Any vehicle that is not registered or
is improperly registered with the State of Missouri; has been inoperable for
more than 72 hours or is in such state of repair as to be inoperable, except
those on the premises of a duly licensed automobile repair or sales business; or
in a duly licensed automobile junking yard.
(Ord. 95-97, 8-14-95)
Sec. 17-32. Damaged
or disabled vehicles - nuisance.
Any damaged or
disabled vehicle, part thereof or junk, located on any property, street or
highway that presents a hazard to children, or harbors tall grass, weeds or
other vegetation, or creates a fire hazard, or affords a breeding place or
nesting place for mosquitoes, flies, rodents, rats or other vermin, or any
vehicle, part thereof or junk allowed to remain unmoved on any street or highway
for 48 hours is a public nuisance. (Ord. 95-97, 8-14-95)
Sec. 17-33. Unlawful
to maintain such nuisance.
It shall be unlawful
for any person to create or maintain a nuisance as defined in the above
sections. (Ord. 95-97, 8-14-95)
Sec. 17-34. Notice.
Whenever the Chief
of Police or his duly authorized representative, or Code Enforcement Officer
determines that any vehicle or junk is a nuisance as defined herein, he shall
cause written notice to be served upon the owner of the vehicle or junk, if he
can be located, or the person in custody of such vehicle or junk, by registered
mail or by personal service. The notice shall state that the vehicle or junk is
deemed to be a nuisance within the provisions of these sections, and shall
briefly state facts deemed to constitute such vehicle or junk a nuisance within
the terms of this section, and state that the nuisance shall be abated within
seven days from delivery or mailing of such notice, or if the vehicle or junk is
on public property, within 48 hours of the date the notice was delivered or
mailed.
(Ord. 95-97, 8-14-95)
Sec. 17-35.
Proceedings when owner or custodian cannot be located.
When the owner or
custodian of any nuisance as defined in the these sections cannot be located by
reasonable search, the notice shall be attached to the property, briefly stating
facts deemed to constitute the property a nuisance and stating that the nuisance
shall be abated within seven days of the date notice was posted, or if the
property is on public property, within 48 hours of the date the notice was
posted.
(Ord. 95-97, 8-14-95)
Sec. 17-36.
Duty of the Owner or custodian.
Any person receiving
the notice provided for above shall comply with the provisions of the notice
requiring abatement. Failure to comply with this provision is unlawful.
(Ord. 95-97, 8-14-95)
Sec. 17-37.
Disposition.
If not removed
within the times specified in the notice, the vehicle or junk shall be
transported to a storage area by or at the direction of the chief of police or
his duly authorized representative at the expense of the owner or person in
custody thereof. It then shall be stored for a period of at least 90 days, and
the person entitled to possession thereof may redeem the property by payment to
the City of the actual cost of its removal, storage fees and all other costs of
the City. If the vehicle or junk is unredeemed after the expiration of the
90-day period, the chief of police may sell it to the highest bidder or, if it
has no sale value, may otherwise dispose of it. Any money received from disposal
of any vehicle or junk shall be applied to the expenses charged to the owner or
person in charge thereof.
(Ord. 95-97, 8-14-95)
Sec. 17-38. Notice of
sale.
Prior to the sale of
any such property, the Chief of Police or his designee shall cause and to be
published not less than 10 days nor more than 30 days prior to the date of the
sale in the official newspaper of the City, a notice of sale stating:
(a)
That the city is selling abandoned property;
(b)
The color, make, year, motor number and serial number, if available, and
any other information necessary for an accurate identification of the property;
(c)
The terms of the sale;
(d)
The date, time and place of the sale.
(Ord. 95-97,
8-14-95)
Sec. 17-39. Entry
onto private property.
The chief of police
or his duly authorized representative may enter upon private property for
inspection or for the purpose of removing any vehicle or junk in accordance with
this section. If any person refuses to allow entry onto his private property,
the Chief of Police or his designee may obtain a warrant from the proper
official and proceed in accordance therewith. (Ord. 95-97, 8-14-95)
Sec. 17-40. Penalty.
Any person violating
any of the provisions of this section shall be deemed guilty of an ordinance
violation. Each day of violation shall be deemed a separate offense.
(Ord. 95-97, 8-14-95)
Secs. 17-41 -- 17-50
Reserved.
ARTICLE IV. DANGEROUS BUILDINGS
Sec. 17-51.
Purpose and Scope.
It is the purpose of
this section 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 section shall apply to all dangerous
buildings, as herein defined, that now are in existence or that may hereafter
exist in the City of Chillicothe, Missouri. [State
Law Ref. 67.400-.450 RSMo]
(Ord. 95-98, 8-14-95)
Sec. 17-52.
Dangerous buildings defined.
All buildings 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 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 (33%) percent or more damage or
deterioration of the supporting member or members or fifty (50%) percent damage
or deterioration of the nonsupporting, 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 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. 95-98, 8-14-95)
Sec. 17-53.
Dangerous Buildings declared nuisance.
All dangerous
buildings, as defined by these sections, are hereby declared to be public
nuisances, and shall be repaired, vacated or demolished as provided herein. (Ord.
95-98, 8-14-95)
Sec. 17-54.
Standards for repair, vacation or demolition.
The following
standards shall be followed in substance by the Code Enforcement Officer and the
Hearing Officer in ordering repair, vacation or demolition of any dangerous
building.
1. If the dangerous
building reasonably can be repaired so that it no longer will exist in violation
of the terms of this section, 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 section, it shall be demolished.
4. It all cases
where a dangerous building is a fire hazard existing or erected in violation of
the terms of this section or any section of this City or statute of the State of
Sec. 17-55.
Duties of Code Enforcement Officer.
All city police
officers and all other City employees designated by the Mayor or City
Administrator shall be Code Enforcement Officers within the meaning of this
section.
(Ord. 95-98, 8-14-95)
Sec. 17-56.
Duties of Code Enforcement Officer; procedure and notice.
The Code Enforcement
Officer shall have the duty under this section 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 places a dangerous building when he 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 section, and the Code Enforcement Officer 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 section.
(4) Notify in
writing, 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) successive weeks, the owner, occupant, lessee, mortgagee,
agent and all other persons having an interest in said building as shown by the
land records of the Recorder of Deeds of Livingston County, of any building
found by him to be a dangerous building within the standards set forth in these
sections.
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 section;
(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 Livingston County, may, at his 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 required work.
(d) 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 and an order requiring the designated
work to be commenced within the time provided for in the above subsection;
(e) Report in
writing to the Hearing Officer the noncompliance with any notice to vacate,
repair, demolish, clean up the property or upon the failure to proceed
continuously with the work without unnecessary delay;
(f) Appear at all
hearings conducted by the Hearing Officer and testify as to the condition of
dangerous buildings.
(g) Immediately
report to the Hearing Officer concerning any building found by him to be
inherently dangerous and that he determined to be a nuisance per se. The Hearing
Officer 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 Code Enforcement Officer. 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 Livingston County. It is
unlawful to remove this notice until such notice is complied with".
Provided, however,
that the order by the Hearing Officer and the posting of said notice, shall not
be construed to deprive all persons entitled thereto by this section to the
notice and hearing prescribed herein.
(Ord. 95-98, 8-14-95)
Sec. 17-57. Hearing
Officer.
The City
Administrator or other officer designated by the City Council shall act as
Hearing Officer under this section.
(Ord. 95-98, 8-14-95)
Sec. 17-58.
Duties.
The Hearing Officer
shall have the Duty under this section to:
1. Supervise all
inspections required by this section, and cause the Code Enforcement Officer to
make inspections and perform all the duties required of him by this section.
Upon receiving a complaint or report from any source, that a dangerous building
exists in the City, the Code Enforcement Officer shall cause an inspection to be
made forthwith. If the Code Enforcement Officer deems it necessary to the
performance of his duties and responsibilities imposed herein, the Code
Enforcement Officer may request an inspection and report be made by any other
city department or retain services of an expert whenever the Code Enforcement
Officer deems such service necessary.
2. Upon receipt of a
report from the Code Enforcement Officer indicating failure by the owner,
lessee, occupant, mortgagee, agent or other person(s) having interest in said
building to commence work of reconditioning or demolition within the time
specified by this section or upon failure to proceed continuously with work
without unnecessary delay, the Code Enforcement Officer shall hold a hearing
giving the affected parties full and adequate hearing on the matter.
The Code Enforcement
Officer will cause written notice, either by personal service, by certified
mail, return receipt requested, or by publication once a week for two (2)
successive weeks, in a newspaper qualified to publish legal notices, at least
ten (10) days in advance of a hearing date, to be served upon 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
Livingston County, to appear before the Code Enforcement Officer 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 Code Enforcement
Officer's notice as provided herein.
Any party may be
represented by counsel and all parties shall have an opportunity to be heard.
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
17-52.
4. If the evidence
supports a finding based upon competent and substantial evidence that the
building or structure is a dangerous building, the Hearing Officer 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 Livingston 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 the City or the owner or any person having an interest in
said building as shown by the land records of Livingston County, may vacate and
demolish said dangerous building at his own risk to prevent the acquiring by the
City 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, no order shall be issued.
5. If the owner,
occupant, mortgagee, or lessee fails to comply with the order within thirty (30)
days, the Hearing Officer shall cause such building or structure to be repaired,
vacated or demolished and the property cleaned up as the facts may warrant; and
the Hearing Officer shall certify the cost of the work borne by the City for
such repair, vacation or demolition or cleaned up to the City Clerk as a special
assessment represented by a special tax bill against the real property affected;
said tax bill shall be a lien upon said property and shall be deemed a personal
debt against the property owner(s) unless the building or structure is
demolished, secured or repaired by a contractor pursuant to an order issued by
the City 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 Revised Statutes of Missouri. Except as
provided below, at the request of the taxpayer this special tax bill may be paid
in installments over a period of not more than ten (10) years; said assessment
shall bear interest at the rate of eight percent per annum until paid.
6. As to damage or
loss to a building or other structure caused by or arising out of any fire,
explosion or other casualty loss, if an order is issued by the Hearing Officer
as provided in this section, and a special tax bill or assessment is issued
against the property, it shall be deemed a personal debt against the property
owner. 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 subdivisions a) and b) of 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:
(a) The insurer
shall withhold from the covered claim payment up to twenty-five percent (25%) of
the covered claim payment, and shall pay such moneys to the City to deposit into
an interest-bearing account. Any named mortgagee on the insurance policy shall
maintain priority over any obligation under the section.
(b) The City shall
release the proceeds and any interest that has accrued on such proceeds received
under subdivision a) of this subsection to the insured or as the terms of the
policy and endorsements thereto provide within thirty (30) days after the
receipt of such insurance moneys, unless the City has instituted legal
proceedings under the provisions of these sections. If the City has proceeded
under the provisions of these sections of this section, all moneys in excess of
that necessary to comply with the provisions of these sections 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.
7. If there are no
proceeds of any insurance policy as set forth in these sections, 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 date of its issuance shall be a lien
on the property and a personal debt against the property owner(s) until paid.
8. Subsection 6 of
this section shall apply to fire, explosion or other casualty loss claims
arising on all buildings and structures.
9. Subsection 6 of
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 its insurance policy.
10. The Hearing
Officer may certify in lieu of payment of all or part of the covered claim under
subsection 6 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 Hearing Officer 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 6 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
from this subsection.
(Ord. 95-98, 8-14-95)
Sec. 17-59.
Appeal.
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 Livingston County, may,
within thirty (30) days from the receipt of the order of the Hearing Officer,
appeal such decision to the circuit court of Livingston County, pursuant to the
procedure established in Chapter 536 of the Revised Statutes of Missouri. (Ord.
95-98, 8-14-95)
Sec. 17-60.
Emergencies.
In cases where it
reasonably appears that there is immediate danger to the health, life or safety
of any person unless a dangerous building, as defined herein, is immediately
repaired, vacated or demolished and the property is cleaned up, the Code
Enforcement Officer shall report such facts to the Hearing Officer and the
Hearing Officer may cause the immediate repair, vacation or demolition of such
dangerous building and clean up of the property. The costs of such emergency
repair, vacation or demolition of such dangerous building shall be collected in
the same manner as provided in these sections. (Ord. 95-98, 8-14-95)
Sec. 17-61. Violations,
disregarding notices or orders.
(a) 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
Hearing Officer shall be guilty of an ordinance violation and upon conviction
shall be punishable as set forth in this section.
(b) Any person
removing any notices provided for in this section shall be guilty of an
ordinance violation and upon conviction shall be punished in accordance with
this section.
(Ord. 95-98, 8-14-95)
Sec. 17-62.
Penalties.
Any person violating
the provisions of this section is guilty of an ordinance violation and upon
conviction thereof, shall be fined not more than two hundred dollars ($200.00).
Each day that a person fails to comply with an order of the Hearing Officer may
be deemed a separate offense.
(Ord. 95-98, 8-14-95)
Sec. 17-63 - 17-70.
Reserved.