HomeMy WebLinkAboutOrd.4277.11-21-2011 BILL NO. 11-168 ORDINANCE NO. `tV 7/7
AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY
CODE RELATING TO DANGEROUS BUILDINGS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS :
Article 1 . Section 7-271 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, relating to `Duties of building
official", reading as follows :
Sec. 7-271 . - Duties of building official .
The building official shall :
(1) Inspect or cause to be inspected all public
buildings, schools, halls, churches, theaters, hotels,
tenements, commercial, manufacturing, or loft buildings
for the purpose of determining whether any conditions
exist which render such places "dangerous buildings"
within the terms of this article.
(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 article.
(3) Inspect any building, wall or structure reported (as.
hereinafter provided for) by the fire department, police
department, or other city official of this city as
probably existing in violation of the terms of this
article.
(4) Inspect buildings in this city, to determine whether
they are "dangerous buildings" within the terms of .this
article.
(5) Notify the owner, occupant, lessee, mortgagee, agent
and all other persons having an interest in such
building as shown by the land records of the recorder of
deeds of the county of any building found by him to be a
"dangerous building" within the standards set forth in
this article, by declaring such to be a public nuisance
so that :
a. The owner must vacate, repair, or demolish such
building in accordance with the terms of the notice
and this article;
b. The occupant or lessee must vacate such
building or may have it repaired in accordance with
the notice and remain in possession;
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C. The mortgagee, agent or other persons having an
interest in such building as shown by the land
records of the recorder of deeds of the county may
at his own risk repair, vacate, or demolish such
building or have such work or act done; provided,
that any person notified under this subsection to
repair, vacate, or demolish any building shall be
given a reasonable time to commence the work of
vacating, repairing or demolition not to exceed
twenty (20) days .
(6) Set forth in the notice provided for in subdivision
(5) of this section, a description of the building, or
structure deemed unsafe, a statement of the particulars
which make the building or structure a "dangerous
building" and an order requiring the same to be put in
such condition as to comply with the terms of this
article within such length of time as is reasonable not
to exceed thirty (30) days unless in the judgment of the
building official it is determined to be necessary to
extend such time to do or have the work done as required
by the notice. Additional extensions of time may be
granted in writing by the building official where it
appears that the interested party is making reasonable
progress in complying with the order of the building
official .
(7) Report to the building supervisor any noncompliance
with the "notice" provided for in subdivisions (5) and
(6) of this section or failure to proceed with the work
without unnecessary delay.
(8) When requested, appear at all hearings conducted by
the building supervisor, and testify as to the condition
of "dangerous buildings . "
(9) Immediately report to the building supervisor
concerning any building found by him to be inherently
dangerous and that he determines to be a nuisance per
se . The building supervisor 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 until it is repaired,
vacated or demolished 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 Cape Girardeau County. It is unlawful to remove
this notice until such notice is complied with.
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Provided, however, that the order of the building
supervisor 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.
is hereby :repealed in its entirety, and a new Section 7-271
relating to "Duties of building official" , is hereby enacted in
lieu, in words and figures, to read as follows :
Sec . 7-271 . Duties of building official .
The building official shall :
(1) Inspect or cause to be inspected all public
buildings, schools, halls, churches, theaters, hotels,
tenements, commercial, manufacturing, or loft buildings
for the purpose of determining whether any conditions
exist which render such places "dangerous buildings"
within the terms of this article.
(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 article.
(3 ) Inspect any building, wall or structure reported (as
hereinafter provided for) by the fire department, police
department, or other city official of this city as
probably existing in violation of the terms of this
article.
(4) Inspect buildings in this city, to determine whether
they are "dangerous buildings" within the terms of this
article.
(5) The building official may direct that a building,
determined by him to be a nuisance under section 7-267 ,
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 official . This notice is
to remain on this building until it is repaired,
vacated or demolished in accordance with the notice
provided pursuant to section 7-271 . It is unlawful
to remove this notice until such notice is complied
with.
Provided, however; that the order of the building
supervisor 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.
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(6) Notify the owner, occupant, lessee, mortgagee, agent
and all other persons having an interest in such
building as shown by the land records of the recorder of
deeds of the county of any building found by him to be a
"dangerous building" within the standards set forth in
this article, by declaring such to be a public nuisance
so that :
a. The owner must vacate, repair, or demolish such
building in accordance with the terms of the notice
and this article;
b. The occupant or lessee must vacate such
building or may have it repaired in accordance with
the notice and remain in possession.
(7) Set forth in the notice provided for in section 7-
271 (6) , a description of the building, or structure
deemed unsafe, a statement of the particulars which make
the building or structure a "dangerous building" and an
order requiring the same to be put in such condition as
to comply with the terms of this article within such
length of time as is reasonable not to exceed thirty
(30) days unless in the judgment of the building
official it is determined to be necessary to extend such
time to do or have the work done as required by the
notice. Additional extensions of time may be granted in
writing by the building official where it appears that
the interested party is making reasonable progress in
complying with the order of the building official .
(8) Report to the building supervisor any noncompliance
with the "notice" provided for in section 7-271 (6) and
(7) of this section or failure to proceed with the work
without unnecessary delay.
(9) when requested, appear at all hearings conducted by
the building supervisor, and testify as to the condition
of "dangerous buildings . "
Article 2 . Section 7-272 of the Code of Ordinances of the
City of Cape Girardeau, Missouri , relating to "Duties of building
supervisor" , reading as follows :
Sec . 7-272 . - Duties of building supervisor.
The building supervisor shall :
(1) Supervise the building official .
(2) Upon receipt of a report of the building official, as
provided for in section 7-270, give written notice to the
owner, occupant, mortgagee, lessee, agent, and all other
persons having an interest in such building, as shown by the
land records of the recorder of deeds of the county, to
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appear before him 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 official' s notice. The building
supervisor shall call and have a full and adequate hearing
upon the matter giving the affected parties at least twenty-
one (21) days notice of the hearing.
(3) Hold a hearing and hear such testimony relative to the
"dangerous building" from the building official or other city
officials, or the owner, occupant, mortgagee, lessee, or any
other person having an interest in such building as shown by
the land records of the recorder of deeds of the county. Any
party may be represented by counsel and all parties shall
have an opportunity to be heard.
(4) Make written findings of fact based upon competent and
substantial evidence from the testimony offered pursuant to
subsection (2) as to whether or not the building in question
is a "dangerous building" within the terms of this article.
(5) Issue an order based upon specific findings of fact which
show the building or structure to be a nuisance and
detrimental to the health, safety, or welfare of the
residents of the city, all made pursuant to subdivision (3) ,
commanding the owner to repair, vacate, or demolish and
giving the occupant, mortgagee, lessee, agent and all other
persons having an interest in such building, as shown by the
land records of the recorder of deeds of the county, the
opportunity to repair or demolish any building found to be a
"dangerous building" within the terms of this article. All
occupants of any building found to be a "dangerous building"
may be ordered to vacate the building.
(6) If the owner, occupant, mortgagee, agent, lessee or any
person having an interest in such building fails to comply
with the order within thirty (30) days, the building
supervisor shall cause such building or structure to be
repaired, vacated or demolished as the facts may warrant; and
the building supervisor shall certify the cost of the work
borne by the city for such repair, vacation or demolition to
the city clerk or finance director who shall, at their
option, cause the certified cost to be included in a "special
tax bill, " which shall be a lien against the real property
affected, or shall add the cost to the annual real estate tax
bill for the property. The certified cost added to the
annual real estate tax bill shall be collected by the
official collecting taxes in the same manner and procedure
for collecting real estate taxes . If the certified cost is
not paid, the tax bill shall be considered delinquent, and
the collection of the delinquent bill shall be governed by
the laws governing delinquent and back taxes . The special
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tax bills for the above work may be collected and paid as
provided for the collection of other special tax bills for
the repairing of sidewalks or grading or paving of streets .
In either case, the tax bill from the date of its issuance
shall be deemed a personal debt against the owner (s) until
paid, and the city may maintain a separate city action to
recover these costs .
(7) Report to the city attorney the names of all persons not
complying with the order provided for in Section 7-272
(8) Supervise the building official in his work under the
provisions of this article .
in its entirety, and a new Section 7-272
relating to the "Duties of building supervisor", is hereby enacted
in lieu, in words and figures, to read as follows :
Sec. 7-272 . - Duties of building supervisor.
(1) Supervise the building official .
(2) Upon receipt of a report of the building official, as
provided for in section 7-271, give written notice to the
owner, occupant, mortgagee, lessee, agent, and all other
persons having an interest in such building, as shown by the
land records of the recorder of deeds of the county, to
appear before him 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 official' s notice. The building
supervisor shall call and have a full and adequate hearing
upon the matter giving the affected parties at least twenty-
one (21) days notice of the hearing.
(3) Hold a hearing and hear such testimony relative to the
"dangerous building" from the building official or other city
officials, or the owner, occupant, mortgagee, lessee, or any
other person having an interest in such building as shown by
the land records of the recorder of deeds of the county. Any
party may be represented by counsel and all parties shall
have an opportunity to be heard.
(4) Make written findings of fact based upon competent and
substantial evidence from the testimony offered pursuant to
section 7-272 (3) as to whether or not the building in
question is a "dangerous building" within the terms of this
article.
(5) Issue an order based upon specific findings of fact which
show the building or structure to be a nuisance and
detrimental to the health, safety, or welfare of the
residents of the city, all made pursuant to Sec. 7-272 (3) ,
commanding the owner to repair, vacate, or demolish and
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giving the occupant, mortgagee, lessee, agent and all other
persons having an interest in such building, as shown by the
land records of the recorder of deeds of the county, the
opportunity to repair or demolish any building found to be a
"dangerous building" within the terms of this article. All
occupants of any building found to be a "dangerous building"
may be ordered to vacate the building.
(6) If the owner, occupant, mortgagee, agent, lessee or any
person having an interest in such building fails to comply
with the order within thirty (30) days, the building
supervisor may cause such building or structure to be
repaired, vacated or demolished as the facts may warrant; and
the building supervisor may certify the cost of the work
borne by the city for such repair, vacation or demolition to
the city clerk or finance director who shall, at their
option, cause the certified cost to be included in a "special
tax bill, " which shall be a lien against the real property
affected, or shall add the cost to the annual real estate tax
bill for the property. The certified cost added to the
annual real estate tax bill shall be collected by the
official collecting taxes in the same manner and procedure
for collecting real estate taxes . If the certified cost is
not paid, the tax bill shall be considered delinquent, and
the collection of the delinquent bill shall be governed by
the laws governing delinquent and back taxes . The special
tax bills for the above work may be collected and paid as
provided for the collection of other special tax bills for
the repairing of sidewalks or grading or paving of streets .
In either case, the tax bill from the date of its issuance
shall be deemed a personal debt against the owner (s) until
paid, and the city may maintain a separate city action to
recover these costs .
(7) Report to the city attorney the names of all persons not
complying with the order provided for in Section 7-272
(8) Supervise the building official in his work under the
provisions of this article.
Article 3 . Section 7-275 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, relating to "Notice", reading as
follows :
Sec. 7-275 . - Notice.
Notice required by section 7-271 shall be in writing and
shall either be personally served or mailed by certified
mail, return receipt requested, upon the owner,
occupant, lessee, mortgagee, agent and all other persons
having an interest in the building or structure as shown
by the land records of the recorder of deeds of the
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county. When service cannot be had by either of the
above two (2) methods then service may be made by
publication. Notice by publication shall be made by
inserting in a local newspaper of general circulation
published in the county, a copy of the notice required
by section 7-271, with the names of the parties who have
an interest in the land, for at least once each week for
a period of two (2) weeks .
in its entirety, and a new Section 7-275
relating to the "Notice", is hereby enacted in lieu, in words and
figures, to read as follows :
Sec. 7-275 . - Notice.
Notice required by section 7-271 shall be in writing and
shall either be personally served or mailed by certified
mail, return receipt requested, upon the owner,
occupant, lessee, mortgagee, agent and all other persons
having an interest in the building or structure as shown
by the land records of the recorder of deeds of the
county. When service cannot be had by either of the
above two (2) methods then service may be made by
publication. Notice by publication shall be made at
least one time by inserting in a local newspaper of
general circulation published in the county, a copy of
the notice required by section 7-271, with the names of
the parties who have an interest in the land.
Article 4 . Section 7-277 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, relating to "Violations; penalty
for disregarding notices or orders", reading as follows :
Sec. 7-277 . - Violations; penalty for disregarding notices or
orders .
(a) Any person who fails to comply with any order to
repair, vacate, or demolish a "dangerous building"
within a reasonable time or who fails to proceed
continuously without unnecessary delay, shall be
punishable by a fine of not less than thirty
dollars ($30 . 00) per day nor in excess of five
hundred dollars ($500 . 00) per day for each day that
the building or structure is in violation of this
article. Each and every day a person fails to
comply with the order shall constitute a separate
offense .
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(b) The occupant or lessee in possession who fails to
comply with any notice or order to vacate such
building in accordance with any notice given as
provided for in this article shall be fined a sum
not exceeding five hundred dollars ($500 . 00) for
each offense nor less than ten dollars ($10 . 00) for
each offense. Each and every day the occupant or
lessee fails to comply with the notice or order
shall be a separate offense.
V in its entirety, and a new Section 7-275
relating to the "Notice", is hereby enacted in lieu, in words and
figures, to read as follows :
Sec. 7-277 . - Violations; penalty for disregarding notices or
orders .
(a) Any person who fails to comply with any order to
repair, vacate, or demolish a "dangerous building"
within a reasonable time or who fails to proceed
continuously without unnecessary delay, shall be
punishable by a fine of not less than fifty dollars
($50 . 00) per day nor in excess of five hundred
dollars ($500 . 00) per day for each day that the
building or structure is in violation of this
article .
(b) The occupant or lessee in possession who fails to
comply with any notice or order to vacate such
building in accordance with any notice given as
provided for in this article shall be fined a sum
not less than fifty dollars ($50 . 00) per day nor in
excess of five hundred dollars ($500 . 00) per day
for each day the occupant or lessee fails to comply
with the notice or order.
Article S . Section 7-278 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, relating to "Insurance
proceeds", reading as follows :
Sec. 7-278 . - Insurance proceeds .
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 (50) percent
of the face value of the policy covering a building or
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other structure, then the following procedure shall
apply:
(1) Every special assessment and a special tax bill
issued against property pursuant to the provisions
of this article shall be deemed a personal debt
against the property owner or owners .
(2) The insurer shall withhold from the covered claim
payment ten (10) percent 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.
(3) The city shall release the proceeds and any
interest which has accrued on such proceeds
received under subdivision (2) 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 moneys, unless
the city has instituted legal proceedings under the
provisions of this article . If the city has
proceeded under the provisions of this article, all
moneys in excess of that necessary to comply with
the provisions of this article for the removal of
the building or structure, less salvage value,
shall be paid to the insured or as the terms of the
policy and endorsements thereto provide .
(4 ) 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
claim to provide the insurance coompany with the
written certificate provided for in this
subsection.
(5) No provision of this section shall be construed to
make the city a party of any insurance contract .
�s" P e =•eb re e-_ai�e in its entirety, and a new Section 7-278
relating to the "Insurance proceeds", is hereby enacted in lieu,
in words and figures, to read as follows :
Sec. 7-278 . - Insurance proceeds .
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r
(1) Every special assessment and a special tax bill
issued against property pursuant to the provisions
of this article shall be deemed a personal debt
against the property owner or owners .
(2) The insurer shall withhold from the covered claim
payment twenty-five (25) percent 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.
(3) The city shall release the proceeds and any
interest which has accrued on such proceeds
received under Sec. 7-278 (2) to the insured or as
the terms of the policy and endorsements thereto
provide within thirty (30) days after receipt of
such insurance moneys, unless the city has
instituted legal proceedings under the provisions
of this article . If the city has proceeded under
the provisions of this article, all moneys in
excess of that necessary to comply with the
provisions of this article for the removal of the
building or structure, less salvage value, shall be
paid to the insured or as the terms of the policy
and endorsements thereto provide .
(4 ) 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
claim to provide the insurance company with the
written certificate provided for in this
subsection.
(5) No provision of this section shall be construed to
make the city a party of any insurance contract .
Article 6. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof.
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Article 7 . It is the intention of the governing body and it
is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City of
Cape Girardeau, Missouri, and the sections of this Code may be
renumbered to accomplish such intention.
Article 8 . This ordinance shall be in full force and effect
ten days after its passage and rapproval .
PASSED AND APPROVED this , day of
2011 .
y,--E. iger, Mayor
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ATTE T: �
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Gaf—ylEoL. Conrad, City Clerk @ . O
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