HomeMy Public PortalAboutORD09831 BILL NO.
INTRODUCED BY COUNCILMAN a
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 8 OF THE CITY CODE BY ENACTING ONE,
NEW ARTICLE PROVIDING FOR THE VACATION, REMOVAL, REPAIR, OR
'. DEMOLITION OF ANY BUILDING OR STRUCTURE WHICH 1S OR THREATENS TO
BE A PUBLIC NUISANCE, DANGEROUS TO THE HEALTH, SAFETY OR GENERAL
WELFARE OF THE PEOPLE OF THE CITY OF JEFFERSON, MISSOURI, OR:
WHICH MIGHT TEND TO CONSTITUTE A FIRE MENACE; AND FOR THE
ASSESSMENT OF THE COST OF VACATION, REMOVAL, REPAIR OR DEMOLITION
THEREOF AS A MUNICIPAL LIEN OR ASSESSMENT AGAINST SUCH PREMISES,
AND TO PROVIDE FOR THE RECOVERY OF SUCH COSTS IN AN ACTION AT LAW.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, :
MISSOURI, AS FOLLOWS:
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SECTION 1. Chapter 8 of the City Code is hereby amended by
!1 enacting one new article to be known as Article II, Dangerous Buildings
Code, which shall read as follows:
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I Section 8-100. Article to be Known as "Dangerous Buildings Code". i
j+ The provisions contained in this article may be referred to as the}
"Dangerous Buildings Code of the City of Jefferson, Missouri" and may!
be so cited.
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Section 8-101. Conditions of Buildings or Structures Constituting!
�= Public Nuisance. Any building or structure having any of the con-i
ditions hereinafter set forth is hereby declared to be a "dangerous;
building", to be detrimental to the health, safety or welfare of the!
residents of the City of Jefferson, Missouri, and to 'constitute a public
nuisance: f
(a) Those whose interior walls or other vertical structural j
! members list, lean or buckle to such an extent that a plumb line
i; passing through the center of gravity of any such wall or vertical
structural member falls outside of the middle third of its base.
(b) Those which, exclusive of the foundation, show thirtyf
three percent (33%) or more, of damage or deterioration of the sup-
!; porting member or members, or fifty percent (50%) of damage or
deterioration of the non-supporting enclosing or outside walls or cover-
�i ing.
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ii (c) Those which have improperly distributed loads upon the!
!' floors, roof
s, or other horizontal structural members, or in which the,
IJ same are overloaded, or which have insufficient strength or deflections)
I to be reasonably safe for the purpose used or intended to be used.
! (d) Those which have been damaged by fire, wind or other
causes so as to have become dangerous to lif;:, safety, or the general
ii health and welfare of the occupants or the people of the City. i
(e) Those which are uninhabited and are open at door, i
window, wall or roof.
I} (f) Those under construction upon which no substantial work;
shall have been performed for ninety (90) days immediately next to the!
time that a notice shall issue under Section 8-104 of this article for the:
completion or demolition thereof.
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(g) Those in the process of demolition upon which no
substantial work shall have been performed for a period of fourteen (14) !
days immediately following the time a notice shall issue to complete the;
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demolition thereof under Section 8--104 of this article.
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(h) Those containing therein substantial accumulations of
trash, garbage or other materials susceptible to fire, or constituting or
providing a harboring place for vermin or other obnoxious animals or
insects or in any way threatening the health of the occupants thereof or
the health of persons in the vicinity thereof.
(i) Those having inadequate facilities for egress in case of
fire or panic.
(j) Those which have parts thereof which are so attached or;
deteriorated that they may fall upon public ways or upon the property,
of others or may injure members of the public or the occupants thereof.
(k) Those buildings built in violation of any safety provi-,
sion of the building code, electrical code, plumbing code, mechanical
code, minimum housing standards code, or the fire prevention code of
�i the city, or used in violation thereof.
I' Section 8-102. Standards for Determining Action Required to Allevi-�
ate Public Nuisance. The following standards shall be followed in
substance by the building regulations supervisor and the director of!
planning and code enforcement in ordering repair, vacation or demolition: i
li (a) If the dangerous building can reasonably be repaired'
Ah or maintained so that it will no longer exist in violation of the terms of
!� this article, it shall be ordered so repaired or maintained.
i! (b) If the dangerous building is in such condition as to!
make it dangerous to the health, safety, or welfare of its occupants, it
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shall be ordered to be vacated pending abatement of the nuisance. I
it (c) In any case where the dangerous building cannot be!
! reasonably repaired or maintained so that the building or structure will
no longer exist in violation of the terms of this article, the building or
structure shall be ordered to be demolished.
j' (d) In any case where the conditions constituting the public;
nuisance are such that the costs to repair or maintain the building orl
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tructure so that it will no longer constitute a public nuisance equal or
exceed fifty percent (50%) of the value of the building or structure, its
shall be ordered repaired or demolished, and in the event it is not!
irepaired or demolished by the owner, then the city shall abate thel
nuisance by demolition.
ji (e) Any building or structure constituting a public nuisancel
i; because of the conditions described in sub-section (f) of Section 8-101 of
this article shall be ordered to be completed in accordance with lawful
I! plans and specifications, and if it shall not be so completed or
demolished by the owner, then the city shall abate the nuisance by
demolition.
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(f) Any building or structure found to be a public nuisance
!1 because of the conditions described in sub-paragraph (g) of Section
I! 8-101 of this article shall be ordered demolished.
! Section 8-103. Duties of the Building Regulations Supervisor. The
�! building regulations supervisor shall:
(a) Inspect or cause to be inspected annually all public;
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buildings, schools halls churches, theaters, hotels, tenements, comma
mercial, manufacturing, or loft buildings for the purpose of determining,
j; whether any conditions exist as set forth in Section 8-101 of this article.
j' (b) Inspect any building or structure about which com
I� plaints are filed by any person alleging that the building or structur
contains any of the conditions described in Section 8-101 of this article.
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�j (c) Inspect any building or structure reported by the fire
i! or police departments of this city when that department has reason to
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believe that the building or structure has any of the conditions set
I forth in Section 8-101 of this article.
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I (d) Inspect any building or structure of the city at an y
time whenever there is reason to believe that the building or structure
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has a condition described in Section 8-101 of this article.
(e) Determine in any case where inspection shows that
building or structure has any of the conditions referred to in Section
8-101 of this article, whether or not it reasonably appears there i
immediate danger to the health, safety or welfare of any person becaus
of such condition, and if it does so reasonably appear, to immediately
i notify the director of planning and code enforcement thereof. Should the
director of planning and code enforcement concur in the finding of the
building regulations supervisor that there is immediate danger a
aforesaid, the building regulations supervisor shall immediately pos
upon the building or structure a notice reading as follows:
"This building has been found to be a public nuisance by
the director of planning and code enforcement of the City of
Jefferson. It also reasonably appears that this building o
structure is an immediate danger to the health, safety o
welfare of persons thereabout or therein. This notice is to
remain on this building or structure until it is brought into
compliance with the Dangerous Buildings Code of the City of
Jefferson, Missouri. It is unlawful to remove this notice unti
such compliance has occurred."
Nothing contained in this sub-section shall be construed to deprive
any person entitled thereto by this article of the notice and hearing
prescribed herein.
(f) Report to the director of planning and code enforcement
any non-compliance with the notice provided for in this article.
Section 8-104. Notice of Public Nuisance. Whenever the building
regulations supervisor has determined that any building or structure is
a public nuisance under the provisions of this article, he shall, as
soon as possible thereafter, notify the owner, occupant, lessee, mortga-
gee, agent and all other persons having an interest in the building or
structure as shown by the land records of the recorder of deeds for -the
appropriate county that such building or structure has been found to be
a public nuisance under the provisions of this article. The notice shall
set forth a description of the conditions found in the building or
structure so as to constitute the building or structure as a public
nuisance under Section 8-101 of this article. The notice shall also
provide for abatement of the nuisance by ordering the building or
structure to be vacated if such be the case, reconditioned, or removed,
giving a reasonable time for commencement of the work, and requiring
the work to proceed continuously without unnecessary delay.
Section 8-105. Service of Notice, How. Whenever under this article
a notice is required to be served upon the persons interested in any
building or structure, the notice shall be served 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 for the appropriate county, and shall be signed
by the person who has the responsibility to issue the notice. The notice
shall be served, if the party or parties to be served reside in the city,
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. If the person to be served shall not reside in the
city or shall have absented himself from the city or concealed himself so
that personal service may not be made as herein provided for and if his
address shall be known, then service shall be made by posting a copy
of such notice in a conspicuous place on the building or structure to
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which it relates and by certified mail , return receipt requested; but if,.
If his address shall not be known, the service of notice shall be by
posting and by publication. The publication shall contain the full text
of the notice and shall be published at least once each week for three:
i consecutive weeks on the same day of the week in some newspaper ofy
i general circulation published in the appropriate county, and the time;
specified in the notice for a hearing to be held, or for the commence-j
�1 ment of work or for any other thing to be done shall be at least thirty!
(30) days from the date of the first publication of notice.
Section 8-106. Notice Disobeyed; Hearin=g Required. Whenever there
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shall be a failure to obey a notice to abate a public nuisance issued as
provided in Section 8-104 by not commencing work in the time specified
in said notice, or there shall be a failure to proceed continuously with
the work required therein without unnecessary delay, the director of
planning and code enforcement shall call and have a full and adequate
hearing upon the matter giving all affected parties at least twenty-one
(21) days' written notice of the hearing. Any party may be represented
by counsel, and all parties shall have an opportunity to be heard and
present such evidence as shall be relevant to a determination of:
(1) Whether or not the building or structure involved is a�
public nuisance under the terms of this article;
(2) Whether the q
required uired by this article shall
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have been substantially followed; and
(3) Whether or not the abatement order of the building
regulations supervisor was reasonable and within the standards of this
article.
All testimony shall be under oath, which may be administered by
the director of planning and code enforcement, and a written record of
the hearing shall be made by a reporter to be employed by the City,
f+ the cost of which shall be paid by the City should the proceeding be
` eventually held against the City and by the owner if it should not. In
the latter case the cost of such reporting shall be a lien upon the lot,
tract, or parcel of land upon which the building or structure stands,
and shall be added to the cost of performance for demolition or repair
in the event the City shall be required to do so, and payable as
provided for such costs.
Section 8-107. Findings of Director of Planning and Code Enforce-
"i ment Following Hearing. Within thirty 30) days from the date of the
r hearing required by Section 8-106, the director of planning and code
enforcement shall, upon the basis of competent and substantial evidence
Ah offered at the hearing, make a conclusion of law as to whether or not
the building or structure in question is a public nuisance under the
terms of this article and detrimental to the health, safety or welfare of
the residents of the City; specifically finding as a matter of fact the
condition or conditions of such building or structure which constitute the
nuisance. If it is found that the building or structure is a public
nuisance, further findings shall be made as to whether or not the
procedures required by this article have been substantially met and
complied with, and whether or not the abatement order of the building
regulations supervisor to abate the nuisance was reasonable in its terms
and conditions and within the standards of this article. In the event it
is found that the abatement order was not reasonable or within the
standards of this article, it shall be the duty of the director of
planning and code enforcement to make his own findings of fact as to
what is reasonably required to abate the public nuisance within the
standards of this article. If the director of planning and code enforce-
ment finds that a public nuisance does not exist or that the procedures
of this article have not been substantially met and complied with, the
proceedings against the building or structure shall be dismissed.
Section 8-108. Order of Repair or Demolition. If a proceeding is
S not dismissed following the findings required by Section 8-107, the
director of planning and code enforcement shall issue an order directing
! the building or structure to be completed, repaired, or demolished and!
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vacated as the case may be, within the standards of this article. This
order, together with the findings of fact and conclusions of law required
by Section 8-107, shall be in writing and shall be immediately delivered
or mailed to each party to the hearing or to his attorney of .record. In
addition, copies of the order and findings of fact and conclusions of
law shall be posted in a conspicuous place in the office of the director
of planning and code enforcement for a period of thirty (30) days from
the date of issuance thereof. The order shall state a reasonable time
which shall not be less than thirty (30) days from the date of issuance
within which to comply with the order, and shall. further provide that if
it is not complied with within such time, the director of planning and
code enforcement shall cause the work to be done by the City and its
own crews or by contractors employed by the City for that purpose.
If there shall be no contractor employed by the City for that
purpose, the director of planning and code enforcement is hereby
authorized to enter into contracts not to exceed Five Thousand Dollars
($5,000.00) with persons engaged in the business of repairing or
demolishing buildings for the purpose of enforcing the order provided
for in this section if there are sufficient funds provided for that
purpose in the budget or a supplemental appropriation. Additional
contracts, or contracts for amounts in excess of Five Thousand Dollars
($5,000.00) , must be approved by Council. The contracts can be signed
only after compliance with the City's prescribed bidding procedures.
Section 8-109. Tax Bills for Work; Manner of Payment.
(a) Whenever the City shall have caused the work to be
done as provided by Section 8-108, the director of planning and code
enforcement shall certify the costs of the work to the city clerk who
shall cause a special tax bill therefor and for the cost of the reporter
at the hearing which shall be likewise certified by the director of
planning and code enforcement, to be issued against the lot, tract or
parcel of land upon which the building or structure is located. The
special tax bill from the date of its issuance shall be a lien on the
lot, tract or parcel of land until paid and shall be registered in the
office of the director of finance of the City of Jefferson in a book to be
kept 'by him for such purposes. The tax bill shall be collected by the
city collector or other official collecting taxes.
(b) At the written request of the taxpayer delivered to the
city clerk of the City, a tax bill for repair or demolition of a building i
or structure may be paid in ten (10) equal annual installments, which
installments with interest thereon to date on the unpaid balance shall j
be due annually on the anniversary of the date of issuance of the bill.
aft ; Interest shall be paid at the maximum rate per annum allowable by law
on the unpaid balance of the special assessment computed from the date
I; of issuance. If any annual payment of principal or interest shall not be
j paid within thirty (30) days of its due date the entire remaining
balance of the tax bill shall immediately become due and payable.
(c) If request for ten (10) annual payments is not made
prior to the time the director of planning and code enforcement shall
certify the cost of the work to the city clerk, the tax bill shall be
payable in sixty (60) days from its date of issuance with interest
thereon at the maximum rate per annum allowable by law. i
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Section 8-110. Enforcement of Tax Bills. Tax bills issued under
Section 8-109 shall be prima facie evidence of the validity of the bill,
the doing of the work and the liability of the property for the damages
stated in the bill and shall be collected if default should occur by suit
brought in a court of competent jurisdiction by the city counselor on
behalf of the City. Judgment in any such suit shall be special and
against the property only and shall be satisfied by sale of the property
or so much thereof as is necessary to satisfy the judgment and the costs
of the sale.
Section 8-111. Appeals Under Administrative Review Act. Any owner,
occupant, lessee, mortgagee, agent or other person having an interest in
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the building or structure may appeal from the order and determination
of the director of planning and code enforcement made under the
provisions of Section 8-108 of this article. The appeal shall be to the
Circuit Court of Cole County as established in Article 536 of the Revised
Statutes of Missouri.
Section 8-112. Summary Abatement Where Immediate Danger Exists.
In all cases where it reasonably appears that an immediate danger to
the health, safety or welfare of any person exists, the director of
planning and code enforcement may take emergency measures to vacate,
repair or demolish a building or structure which is a public nuisance
under the provisions of this article.
Section 8-113. Duty of Public Officers is to City. No officer, agent
or employee of the City of Jefferson 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 article. Any suit brought against any such officer, agent or
i; 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 Jefferson. It is hereby further declared that no officer, agent or
employee of the City of Jefferson owes any duty under the provisions of
this ordinance to any citizen or other individual but that the duties
' prescribed herein and imposed upon officers, agents or employees of the
I; City are duties to be performed for the government of said City.
Section 8-114. Penalty for Failure to Vacate. If the occupant of
any building or structure shall fail to vacate such building or structure
Within the time specified by a notice issued under Section 8-104, he
shall be punished upon conviction thereof as provided by Section 14 of
the City of Jefferson Code.
Section 8-115. Penalty for Failure to Comply with Order of Director
of Planning and Code Enforcement. Any owner, occupant, lessee, mortga-
gee, agent and all other persons having an interest in a building or
structure who violate the order of the director of planning and code ,
enforcement issued pursuant to Sections 8-108 or 8-112 of the Dangerous i
Building Code shall be subject to a fine and penalty under Section 14
of the Code of the City of Jefferson for each day that he fails to comply
with such order, and such fine shall not be less than twenty dollars
($20.00) per day for each day of violation. Each day a person is in
!; violation of the order of the director of planning and code enforcement
shall constitute a separate offense.
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Section 8-116. Penalty for Removal of Notice from Premises. Any
I; person who removes the notice provided for in Section -103 shall be
subject to a fine and penalty under Section 1-8 of the Code of the City
it of Jefferson. j
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�! SECTION 2. Severability. It is the intention of the City Council
that each separate provision of this ordinance shall be deemed indepen-
dent of all other provisions herein, and it is further the intention of I
the City Council that if any provision of this ordinance be declared
invalid, all other provisions thereof shall remain a part of the City
tl Code.
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SECTION 3. This ordinance shall be in full force and effect from I
and after the date of passage and approval.
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Passed S -A '�j 731 �R L Approved_rJr'... �r— Fr y-
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Pr 'dent f the Council r
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ATTEST:
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