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HomeMy Public PortalAboutORD15946BILL NO. 2019-038 SPONSORED BY Councilman Hussey ORDINANCE NO. /5840 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REGARDING DANGEROUS BUILDINGS AS NUISANCES AND THEIR VACATION, DEMOLITION OR REPAIR AND PERTAINING TO INSURANCE PROCEEDS FROM DAMAGE OR LOSS TO BUILDINGS OR STRUCTURES. WHEREAS, the City of Jefferson is authorized under Section 67.400 RSMo. et seq. and the City's charter powers under Article VI, Section 19 of the Missouri Constitution to enact ordinances providing for the vacation, repair, and demolition of dangerous building and procedure relating thereof. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI AS FOLLOWS: Section 1. Chapter 8 (Buildings and Building Regulations) of the Jefferson City Code is hereby amended by repealing Article VI (Dangerous Building Regulations) in its entirety and replacing Article VI with a new Article VI, to read as follows: ARTICLE VI. DANGEROUS BUILDING REGULATIONS Sec. 8-80. Purpose and Scope. It is the purpose of this ordinance 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 general public, and this ordinance shall apply to all dangerous buildings, as herein defined, that now are in existence or that may hereafter exist in the City of Jefferson, Missouri. Sec. 8-81. City Officials under this Article. A. City employees designated as Property Inspectors or Housing Inspectors within the Division of Neighborhood Services shall have the duties allocated to the Dangerous Building Inspector in this Article, as may be assigned by the Director of Planning and Protective Services. The Director of Planning and Protective Services may designate other City employees or outside experts to act as Dangerous Building Inspectors under this Article, as may be needed. B. The Director of Planning and Protective Services shall have the duties allocated to the Hearing Officer in this Article. The City Administrator may designate another City employee or outside expert to act as the Hearing Officer under this Article, as may be needed. 1 C. No person may serve as both a Dangerous Building Inspector and the Hearing Officer in the same proceedings for a building or structure under this Article. Sec. 8-82. Dangerous Buildings Defined. All buildings or structures that are detrimental to the health, safety, or welfare of the residents of the City of Jefferson and that have any or all of the following defects shall be deemed "dangerous buildings": A. 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. B. 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 non -supporting enclosing or outside walls or covering. C. 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. D. 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. E. 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. F. Those buildings built in violation of any safety provision of the building code, electrical code, plumbing code, mechanical code, minimum housing standards code, or the fire prevention code of the city, or used in violation thereof. G. 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. H. 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. I. Those that have parts thereof that are so attached that they may fall and injure members of the public or property. J. Those that are a fire hazard existing or erected in violation of the terms of this ordinance or any ordinance of this City or statute of the State of Missouri K. Those that because of their condition are unsafe, unsanitary or dangerous to the health, safety, or general welfare of the people of this City. Sec. 8-83. Dangerous Buildings Declared Nuisance. All dangerous buildings, as defined by Section 8-82, are hereby declared to be public nuisances, and shall be vacated, repaired, or demolished as provided herein. 2 Sec. 8-84. Standards for Vacation, Repair, or Demolition. The following standards shall be followed in substance by the Dangerous Building Inspector and the Hearing Officer, in ordering vacation, repair, or demolition of any dangerous building. A. 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. B. If the dangerous building reasonably can be repaired so that it no longer will exist in violation of the terms of this ordinance, it shall be ordered repaired. C. In all cases where a building cannot be reasonably repaired so that it no longer will exist in violation of the terms of this ordinance, it shall be demolished. D. In all cases where a dangerous building is a fire hazard existing or erected in violation of the terms of this ordinance or any ordinance of this City or statute of the State of Missouri, it shall be repaired or demolished. Sec. 8-85. Duties of Dangerous Building Inspector: Inspection and Notice. A. Inspection of Property. The Dangerous Building Inspector shall have the duty under this ordinance 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 there are 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 ordinance, and the Dangerous Building Inspector 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 Article. B. Initial Notice. Upon a determination by the Dangerous Building Inspector that a building or structure constitutes a dangerous building, the Dangerous Building Inspector shall notify in writing, either by personal service or by certified mail, return receipt requested, 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 the county wherein the land is located, of any building found to be a dangerous building within the standards set forth in Section 8-81. The notice required shall state: 1. The owner must vacate, vacate and repair, or vacate and demolish said building in accordance with the terms of the initial notice and this Article; 2. Any mortgagee, agent, or other persons having an interest in said building as shown by the land records of the Recorder of Deeds of the county wherein the land is located, may, at their own risk, repair, demolish, or have such work done; and 3. A description of the building or structure deemed dangerous, a statement of the particulars that 3 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 initial notice. 4. Any person notified under this subsection to repair, vacate or demolish any building, shall be given such reasonable time of not less than fifteen (15) days, but not exceeding thirty (30) days to commence the required work. 5. In addition to the initial notice, the Dangerous Building Inspector 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 Dangerous Building Inspector. This notice is to remain on this building until it is vacated, repaired, or demolished in accordance with the notice that has been given the owner, occupant, lessee, mortgagee or agent of his building, and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of the county wherein this land is located. It is unlawful to remove this notice until such notice is complied with." C. Failure to Commence or Proceed with Work. Upon a failure by the owner, lessee, occupant, mortgagee, agent, or other person(s) having interest in said building to commence work of repair or demolition within the time specified by the initial notice provided by the Dangerous Building Inspector, or upon a failure to proceed continuously with work without unnecessary delay, the Dangerous Building Inspector shall report in writing to the Hearing Officer such noncompliance with any notice to vacate, repair, or demolish, or upon the failure to proceed continuously with the work without unnecessary delay. Sec. 8-86. Dangerous Building Hearing. A. Report to Hearing Officer from Dangerous Building Inspector. Upon receipt of a report from the Dangerous Building Inspector indicating failure by the owner, lessee, occupant, mortgagee, agent, or other person(s) having interest in said building to commence work of repair or demolition within the time specified by the initial notice provided by a Dangerous Building Inspector or upon a 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. B. Notice of Hearing. The Hearing Officer shall provide written notice, either by personal service or by certified mail, return receipt requested, at least ten (10) days in advance of a hearing date. If service cannot be had by either of these methods, notice may be made by publication. Notice by publication shall be published at least once each week for four consecutive weeks in some newspaper of general circulation published in the City of Jefferson, with the first publication being at least forty-five (45) days in advance of the hearing. The notice of hearing shall be directed to 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 the county wherein the land is located, to appear before the Hearing Officer on the date specified to determine whether the building or structure reported to be a dangerous building should be vacated, repaired, or demolished in accordance with the statement of particulars set forth in the Dangerous Building Inspector's initial notice as provided in Section 8-85. C. Conduct of Hearing. 1. All parties shall have an opportunity to be heard and present such evidence as shall be relevant to a determination of: 4 a. Whether or not the building or structure involved is a dangerous building under the terms of this Article; b. Whether or not the orders of the Dangerous Building Inspector provided with the initial notice were reasonable and within the standards of this Article; and c. Whether the procedures required by this Article have been substantially followed. 2. The Dangerous Building Inspector shall appear and testify as to the condition of the subject building. 3. Any party may be represented by counsel. 4. All testimony shall be under oath, which may be administered by the Hearing Officer or other official qualified for the administration of oaths. A recording of the hearing shall be made by an electronic device capable of recording the hearing, and the Hearing Officer may cause a written record of the hearing to be made by a reporter to be employed by the City, 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. If an electronic recording is made of the hearing, then the Hearing Officer shall maintain the recording and make it available to any party to the hearing upon request for transcription at the requesting party's expense. D. Determination by Hearing Officer. The Hearing Officer shall make written findings of fact from the evidence offered at said hearing as to the criteria set forth in Subsection (C)(1) above. 1. If the evidence supports a finding based upon competent and substantial evidence that the building or structure is a dangerous building and procedures required by this Article have been substantially followed, the Hearing Officer shall issue an order based upon their 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 the county wherein the land is located, to vacate, repair, or demolish said dangerous building. a. Any person so ordered shall have the privilege of repairing said building, if such repair will comply with the ordinances of the City. Alternatively, the owner or any person having an interest in said building as shown by the land records of the county wherein the land is located, may vacate and demolish said dangerous building at their own risk to prevent the acquiring by the City of a lien against the property where the dangerous building stands. 2. If the evidence does not support a finding that the building or structure is a dangerous building, no order shall be issued. 3. If the evidence does not support a finding that the procedures required by this Article have been substantially followed, the City may initiate new proceedings under this Article, starting with the inspection and initial notice by the Dangerous Building Inspector set forth in Section 8-83 of this Article. Sec. 8-87. Failure to Comply with Order of Hearing Officer. A. If the owner, occupant, mortgagee or lessee fails to comply with the order of the Hearing Officer within thirty (30) days, the Hearing Officer shall cause such dangerous building to be repaired or demolished as the facts may warrant, provided that if the cost to repair the dangerous building 5 exceeds fifty percent (50%) of the value of the building the dangerous building shall be demolished. B. The Hearing Officer shall certify the cost of the work borne by the City for such vacation, repair, or demolition, including costs and attorneys' fees incurred by the City in the prosecution of the proceedings and the conduct of the hearing and any administrative fee set forth in the City Code, 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). 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 upon the execution of a repayment agreement between the property owner(s) and the City; said assessment shall bear interest at the rate of 8 percent per annum until paid. The right to pay this debt in installments shall be deemed to be waived if the City reduces this debt to a judgment in a court of competent jurisdiction. Sec. 8-88. Renewing Order for Repair or Demolition. The Hearing Officer shall cause repair or demolition work pursuant to Subsection 8-87(A) to be performed within two (2) years of the Hearing Officer's order issued pursuant to Section 8-86(D). If such work has not been performed within two years of the Hearing Officer's order, the Hearing Officer shall call another hearing in which the any interested party may submit evidence as to whether the Hearing Officer's order has been complied with and whether the conditions which cause building or structure to be a dangerous building under this Article remain. Notice of this hearing shall be provided in the same manner set forth in Section 8-86(B). Any party may be represented by counsel and the hearing shall be on the record as provided in Section 8-86(C)(4). If the Hearing Officer determines that the Hearing Officer's order issued pursuant to Section 8-86(D) has not been complied with and the conditions which cause the building or structure to be a dangerous building remain, the Hearing Officer may cause such dangerous building to be repaired or demolished and costs assessed as provided in Section 8-87. Sec. 8-89. 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 the recorder of deeds of the county wherein the land is located, may, within thirty (30) days from the receipt of the order of the Hearing Officer, appeal such decision to the circuit court of the county wherein the land is located, pursuant to the procedure established in Chapter 536 of the Revised Statues of Missouri. Sec. 8-90. 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 in Section 8-81, is immediately repaired, vacated, or demolished, the Dangerous Building Inspector shall report such facts to the Director of Planning and Protective Services and the Director of Planning and Protective Services may cause the immediate vacation, repair, or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in Section 8- 87(B). Sec. 8-91. Violations A. The owner, occupant, or lessee in possession of any dangerous building who shall fail to comply with the order to vacate, repair, or demolish said building given by the Hearing Officer shall be guilty of an offense and upon conviction shall be punishable as set forth in Section 1-13 of the Code of the City of Jefferson. 6 B. Any occupant of any building or structure that fails to vacate such building or structure within the time specified by a notice issued under this Article shall be guilty of an offense and upon conviction shall be punished in accordance with Section 1-13 of the Code of the City of Jefferson. C. Any person who removes the posted notice provided for in Section 8-85 shall be guilty of an offense and upon conviction shall be punished in accordance with Section 1-13 of the Code of the City of Jefferson. Sec. 8-92. Penalties. Any person violating the provisions of this ordinance is guilty of an offense and upon conviction thereof, shall be punished in accordance with Section 1-13 of the Code of the City of Jefferson. Each day that a person fails to comply with an order of the Hearing Officer may be deemed a separate offense. Sec. 8-93. 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 them or permitted to be taken by them under the terms of this article. Any suit brought against any such officer, agent, or employee of the City as a result of any such acts required or permitted shall be defended by the City until the final determination of the proceedings, and if judgment shall be obtained it shall be paid by the City of 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 City are duties to be performed for the government of said City. Sec. 8-94. Insurance Proceeds A. If there are proceeds of any insurance policy 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 proceeds payment is in excess of fifty percent (50%) of the value of the policy, then the following procedures shall apply: 1. The insurer shall withhold from the covered claim payment twenty-five percent (25%) of the covered claim payment, and shall pay such moneys to the City for the Director of Planning and Protective Services to deposit into an interest-bearing account. Any named mortgagee on the insurance policy shall maintain priority over any obligation under this section. If a special tax bill, assessment, or abatement order is issued by the City for the expense of demolition of such building or structure as a dangerous building or structure, the money held by the City shall be applied as toward the same. If there is any excess, it shall be paid by the City to the insured or as the terms of the policy and endorsements thereto provide. B. If within one hundred eighty (180) days of the receipt of such insurance moneys the City has not instituted administrative proceedings or emergency measures as provided for in Chapter 8 or 21 of this Code, the Director of Planning and Protective Services shall authorize the release of such proceeds and any interest which has accrued on such proceeds to the insured under the insurance policy or as the terms of the policy and endorsements thereto provide. C. If such building or structure is repaired or demolished without any expense incurred by the City, then any insurance proceeds paid to the City and any interest thereon shall be paid to the insured under the insurance policy, or as the terms of the policy and endorsements thereto provide. 7 D. No provision of this section shall be construed to make the City a party to any insurance contract. E. The Director of Planning and Protective Services may certify in lieu of payment of all or part of the covered claim 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 Director of Planning and Protective Services 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 (A)(1) 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. Secs. 8-95-8-99. Reserved Section 2. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: uM loft .2,919 ORAA/t; ---gPTIA: Presiding Officer Mayor Carrie Tergin Approved: Zl (?61/7 ATTEST: APPROVED AS TO FORM: /044/4040-1114mi City Clerk 8 Cit Counselor