AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI REGULATING AND PROVIDING FOR THE VACATING, DEMOLITION OR REPAIR OF DANGEROUS BUILDINGS LOCATED WITH IN THE CITY OF RICH HILL, MISSOURI
BE IT ORDAINED by the Board of Alderman of the City of Rich Hill, Missouri as follows:
SECTION 1. Purpose.
SECTION 2. Dangerous buildings or structures defined.
SECTION 3. Dangerous buildings declared public nuisance.
SECTION 4. Definitions.
SECTION 5. Standards for vacation, repair or demolition.
SECTION 6. Duties of Building Inspector—Initial notice to violators in non-emergency cases.
SECTION 7. Duties of the Building Code Hearing Officer—Hearings when initial notice is disregarded—Enforcement—Non-emergency cases.
SECTION 8. Duties of the appeal board—Procedures—Transcript—Judicial review under Chapter 536, RSMo.—Parties right of appeal-Non-emergency.
SECTION 9. Certification of dangerous building—Non-emergency cases.
SECTION 10. Posting notice on building—Non-emergency cases.
SECTION 11. Duties of City Attorney and City Prosecutor.
SECTION 12. Failure to comply—Misdemeanor.
SECTION 13. Certificate of occupancy.
SECTION 14. Method of closing buildings.
SECTION 15. Emergency cases—Procedure.
SECTION 16. Dangerous buildings resulting from insured casualty.
SECTION 17. Violations and penalties.
SECTION 18. Right of entry.
SECTION 19. Election to convey property.
SECTION 20. Repeal of conflicting ordinances.
SECTION 21. Effective Date.
SECTION 1. PURPOSE.
The purpose of Sections 1 through 21 is to implement the revision of Section 67.400, RSMo, et. Seq. 1997, as amended, and shall be referred to as the Dangerous Building Code.
SECTION 2. DANGEROUS BUILDINGS OR STRUCTURES DEFINED.
All buildings or structures, portions or parts of a building or remains of a building or structure which may have any of the following defects shall be deemed a ‘dangerous building’ and a nuisance provided that such conditions or defects exist to the extent that they are detrimental to the life, health, property, safety or welfare of the public, or its occupants are endangered:
a) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing from the center of the wall at the top does not fall inside the width of the base.
b) Whenever any portion thereof has cracked, warped, buckled or settled to such an extent that the walls or other structural portions have materially less resistance to winds or snow than is required in the case of similar new construction.
c) c) Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, decay, vandalism or faulty construction or the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building or the deterioration, decay or inadequacy of its foundation or any other cause is likely to partially or completely collapse.
d) Whenever the building or structure, exclusive of the foundation, shows substantial damage or deterioration of the supporting or non-supporting members.
e) Whenever the building or structure has improperly distributed loads upon the floors or roofs, or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used.
f) Whenever any portion thereof has been damaged by fire, earthquake, tornado, wind, flood, vandals or any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe or damage.
g) Whenever a door, aisle, passageway, stairway, fire escape or other means of egress is damaged, dilapidated, obstructed or otherwise unusable, or so arranged so as not to provide safe and adequate means of egress in case of fire or panic.
h) Whenever any portion or member or appurtenance thereof (e.g., porch, chimney, signs) is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
i) Whenever any building or structure has any portion, member or appurtenance, or ornamentation on the exterior thereof, which is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of safely resisting wind pressure, or snow or other loads.
j) Whenever the building or structure, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, trash, filth, inadequate light, air ventilation or sanitation facilities, or otherwise is determined to be unsafe, unsanitary, unfit for human habitation, or in such a condition that it is likely to cause sickness or disease.
k) Whenever for any reason the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
l) Whenever the building or structure or land it occupies exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure or land provided by this Ordinance or other applicable laws or ordinances of this State or City relating to the condition, use location, maintenance of the building, structures or land.
m) Whenever the building or structure is open to unauthorized or unlawful entry.
n) Whenever the building or structure because of obsolescence, dilapidated condition, deterioration, damage, trash and debris, unsafe exits, lack of sufficient fire-resistive construction, unsafe electrical wiring, gas connections, or heating apparatus, previous fires or any other cause is a fire hazard.
- o) Whenever the electrical system is totally or partially damaged, destroyed, removed or otherwise made inoperable, unsafe or hazardous.
p) Whenever the plumbing system is totally or partially damaged, destroyed, removed or otherwise made inoperable, unsafe or unsanitary.
q) Whenever the mechanical system or any portion of the mechanical system is totally or partially damaged, destroyed, removed or otherwise made inoperable or unsafe.
r) Whenever the building or structure, because of obsolescence, dilapidated condition, deterioration or damage is detrimental to the sale, loan or taxable values of surrounding properties or which renders such surrounding properties uninsurable so as to deprive owners or occupants of neighboring property of the beneficial use and enjoyment of their premises or which presents an appearance which is offensive to persons of ordinary sensibilities.
s) Whenever any portion of a building or structure remains on a site when construction or demolition work is abandoned.
SECTION 3. DANGEROUS BUILDINGS DECLARED PUBLIC NUISANCE.
Any building or structure found to be a dangerous building is hereby declared to be a public nuisance.
SECTION 4. DEFINITIONS.
In this Ordinance, unless the context otherwise requires, the following terms shall have the meaning set opposite the term:
PARTY: The owner, occupant, lessee, mortgagee, agent or any person having an interest in a building or structure, as shown by the land records of the Recorder of Deeds of Bates County, Missouri.
BUILDING INSPECTOR: The City Building Inspector shall be the City Marshall or his or her duly appointed representatives
CITY: The City of Rich Hill, Missouri.
BUILDINGCODE HEARING OFFICER: The Building Code Hearing Officer shall be the Mayor of the City or such other individual designated by the City’s Board of Alderman.
APPEAL BOARD: the Appeal Board shall be the individuals who are the members of the City’s Board of Alderman, excluding the Mayor of the City if the Mayor is then also holding the position of Building Code Hearing Officer under this Ordinance, and one additional individual appointed by the full Board of Alderman.
FINAL ORDER: A final order shall be an order of the Building Code Hearing Officer, the Appeal Board or the Circuit Court of jurisdiction.
SECTION 5. STANDARDS FOR VACATION, REPAIR OR DEMOLITION.
In any case where a building or structure is found to be a dangerous building, the following concepts will generally be followed by the Building Inspector, the Building Code Hearing Officer and the Appeals Board in ordering vacation, repair or demolition by any party subject to this Ordinance.
a) Vacation. If the dangerous building is in such condition as to make it dangerous to the health, safety or general welfare of the public or the occupants, it shall be ordered vacated.
b) Repair-With or without closing and/or vacation. If it is reasonably feasible to rehabilitate the dangerous building so that it will no longer exist in violation of the terms of this Ordinance, it may be ordered repaired; and if reasonably necessary, vacated during repair. An order to repair may include a ‘boarding’ requirement – to close and secure any exterior openings.
c) Demolition-with or without closing and/or vacation. In any case where a dangerous building is damaged, decayed or deteriorated to a degree that it is not reasonably feasible to rehabilitate such building or the building or structure will not be structurally safe, the building or any portion thereof shall be ordered demolished. An order to demolish may include a requirement to vacate and to close, and ‘boarding’ – to close and secure exterior openings until demolition commences.
d) No action. If the evidence does not support a finding that the building or structure is a dangerous building, no order shall be issued.
SECTION 6. DUTIES OF BUILDING INSPECTOR–INITIAL NOTICE TO VIOLATORS.
a) Inspect and investigate. The Building Inspector will complete an inspection of any building or any structure, which is or may exist in violation of this Ordinance or any building code.
b) Report–emergency cases. The Building Inspector will report to the Building Code Hearing Officer all buildings, structures or portions thereof deemed to be an emergency as defined in Section 67.440 RSMo., 1986-an immediate danger to the health, safety, or welfare of any person.
c) Notice and report. The Building Inspector will report buildings to the Building Code Hearing Officer and notify in writing all parties of any building or structure which, in the opinion of the Building Inspector, is considered to be a dangerous building and give the following notice as follows:
1) Declaration of nuisance-demand for action within ten (10) days. The notice shall constitute a ‘declaration of nuisance’ as contemplated by RSMo, 67.410(3).
2) Interested party may cure–time to commence. The notice shall include a statement that the owner and all other interested parties shall have a right and duty to start vacation, boarding, repair or demolition within ten (10) days after the owner’s receipt of such notice and to proceed continuously with such work without unnecessary delay or proceedings will be undertaken under the Dangerous Building Code to compel compliance.
3) Service of notice. The notice shall be served by personal service or by certified mail with return receipt requested. If service cannot be had by either of these modes of service, then service may be had by publication. Where service is had by publication as permitted by RSMo, 67.410 (3), a courtesy notice which shall include the text sent to the newspaper for publication shall be posted on the dangerous building by the Building Inspector. If such courtesy notice is altered, defaced or removed, there shall be no duty to replace or renew such courtesy notice, which constitutes and shall be construed to be notice in addition to that required by State law.
(d) Report noncompliance. The Building Inspector will report to the Building Code Hearing Officer any noncompliance with the notice, i.e. failure to commence vacation, boarding, repair, or demolition.
(e) Testimony. The Building Inspector will provide testimony at all hearings conducted under the Dangerous Building Code.
SECTION 7. DUTIES OF THE BUILDING CODE HEARING OFFICER – HEARINGS WHEN INITIAL NOTICE IS DISREGARDED – ENFORCEMENT-NON-EMERGENCY-CASES.
The Building Code Hearing Officer’s duties will include but not be limited to the following:
a) Supervision. The Building Code Hearing Officer shall provide general supervision of the Building Inspector.
b) Compliance hearings on failure to act and proceed continuously. Upon failure of any interested party to vacate, to board, or to commence work of repair, or demolition of any building or structure within the ten (10) day time period specified in the notice provided for by Section 6 c), and/or to proceed continuously with such work without unnecessary delay, the Building Code Hearing Officer shall:
(1) Set hearing–Give twenty-one (21) days notice. Cause a date for hearing to be established and direct the Building Inspector to give at least twenty-one (21) days written notice of such hearing to all parties having an interest in such building or structure which has been the subject of a notice pursuant to Section 6 c).
(2) Service. The written notice of hearing shall be served as provided for service of notice in Section 6 c) (3).
(3) Representation–Testimony. The written notice shall include a statement that the parties may be represented by attorneys, and should be prepared to present witnesses on their behalf and to offer testimony as to why the building or structure should or should not be declared a dangerous building.
(4) Continuation of hearings. Once valid service of notice of hearing is made, no subsequent notice of continuance of a hearing is required except as is announced on any docket call including such matter or during any docketed hearing on such matter.
c) Hearing. The Building Code Hearing Officer will hold a public hearing and consider such evidence as the City Prosecutor, owner or other parties or persons may offer concerning the building or structure. No record will be required and informality will be permitted.
d) Findings of fact. If the evidence supports a finding that the building or structure is a nuisance or detrimental to the health, safety, or welfare of the residents of the City, the Building Code Hearing Officer will issue an order making specific findings of facts, based on competent and substantial evidence, which shows the building or structure to be a nuisance and detrimental to the health, safety, or welfare of the residents of the City.
e) Issue order–Mail copies to interested parties. The Building Code Hearing Officer will, upon said findings of act, order the owner or other parties to vacate, board, repair or demolish such building or structure if the same is found to be a dangerous building. Said order shall be final and not subject to appeal, if application for hearing de novo before the Appeal Board is not made within thirty (30) days of the date the order is mailed to the interested parties at their last known addresses by ordinary mail.
f) Enforcement–Prosecution of abatement by the City boarding, vacation, repair or demolition. If the owner or parties fail to comply with the order to vacate, board, repair, or demolish within thirty (30) days of mailing the findings of fact and order calling for such vacation, repair, or demolition and fails to appeal, the Building Code Hearing Officer may:
(1) Prosecution. Refer the matter for prosecution under Section 11 and 12 of the Dangerous Building Code.
(2) Repair or demolition. Cause the dangerous building to be temporarily boarded to protect citizens prior to demolition; provided however, the Building Code Hearing Officer shall have no authority to authorize the expenditure of public funds to abate the dangerous building except for temporary boarding as provided herein.
(3) Refer to Board of Alderman. Refer the matter to the Board of Alderman for authorization to expend City funds to vacate, repair or demolish the dangerous building.
(4) Certification of cost to City Clerk /Tax Collector for special assessment. The Building Code Hearing Officer shall certify the charge for such vacation, repair, demolition or boarding to the City Clerk and City Tax Collector, as a special assessment represented by a special tax bill against the real property affected except when federal funds are being used which are subject to a prohibition of recovery by a special assessment process. The proof of such exception shall be the burden of any person asserting it.
(5) Components and computation of costs. The charge for abatement of any public nuisance abatable pursuant to this Ordinance shall be collectible by a Special Tax Bill which shall include the actual costs of repair, demolition, cost of disconnection of utility services, boarding, administrative costs (including, but not limited to, a $50 processing fee, postage, advertising, title search and court reporting fees) and all other necessary security measures, unless the building 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.
(a) Tax bill shall be a personal debt of owner and a lien on the property until paid. The tax bill from date of its issuance shall be deemed a personal debt against the property owner and shall also be a lien on the property until paid.
(b) Installment payments if requested. At the written request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years.
SECTION 8. DUTIES OF THE APPEAL BOARD—PROCEDURES—TRANSCRIPT–JUDICIAL REVIEW UNDER CHAPTER 536, RSMO.–PARTIES RIGHT OF APPEAL–NON-EMERGENCY CASES.
a) Parties’ right of appeal-non-emergency cases. Any decision and order of the Building Code Hearing Officer, except in emergency cases, in the enforcement of this Ordinance may be appealed to the Appeal Board by a person aggrieved by any decision of the Building Code Hearing Officer.
b) Time for filing notice of appeal. Such appeal must be filed within thirty (30) days from the date the Order of the Building Code Hearing Officer is mailed to the parties by filing with the City Clerk a written notice of appeal setting forth the grounds therefore. The appellant must deposit an administrative appeal fee of five hundred dollars ($500.00) payable to the City, which will be applied to the administrative cost of the appeal and the preparation of the verbatim transcript of the hearing, one copy of which will be provided to the appellant. The Building Code Hearing Officer shall then transmit to the Appeal Board all papers constituting the record of the case.
c) Refund of appeal deposit. If the appeal results in a vacation of the Order of the Building Code Hearing Officer, the administrative fee will be refunded.
d) Hearing-Transcript. The Appeal Board will hear all appeals, prepare a verbatim transcript of the same, and promptly issue a decision de novo. In its proceedings, the Appeal Board will be guided by this Ordinance, particularly Section 5, and by Section 67.400 et seq. RSMo, 1986.
e) Duties of City Attorney. The Appeal Board may utilize legal services as may be required of the City Attorney of the City.
f) Judicial Review. An appeal under Chapter 536, RSMo, 1986, as amended, is permitted from the decision of the Appeal Board under the provisions of Sections 536.100 through 536.150 RSMo, 1986. In conformity with Section 536.110, RSMo, 1986, the petition for review must be filed in the Circuit Court of the County of proper venue within thirty (30) days after the mailing or delivery of the notice of the agency’s final decision.
SECTION 9. CERTIFICATION OF A DANGEROUS BUILDING–NON-EMERGENCY CASES.
a) Certification and recording. After a building has been finally determined to be a dangerous building by the Building Code Hearing Officer, a “Certificate of Existence of Dangerous Building” may be filed and recorded in the office of the Recorder of Deeds of bates County, Missouri. Such “certificate” shall set forth the address and description of the premises upon which such dangerous building is located, and will certify that the building thereon is a dangerous building within the provisions of the Dangerous Building Code of the City of Rich Hill, Missouri, and that the owner thereof has been given proper notice and ordered to repair or demolish such building. Such certification shall be made and signed by the Building Code Hearing Officer or such other official as may be designated by the Board of Alderman.
b) Notice to subsequent purchases by recording certification – Continuation of proceedings. The recording of a “Certificate of Existence of a Dangerous Building” shall place persons purchasing such property subsequent to such recording on notice that such property has been declared a dangerous building and ordered repaired or demolished. The act of subsequent purchase shall not interrupt or delay the proceeding or cause of delay in such matter and shall not be an exception to the time requirements of the notices provided herein. Subsequent purchasers with notice may be, but need not be, added as parties to subsequent proceeding.
c) Recording release of certification. Upon application and after verification that the order of the Building Code Hearing Officer to vacate, repair or demolish a dangerous building has been complied with, the Building Code Hearing Officer shall issue to the applicant a “Release of Certificate of Existence of Dangerous Building” which is in such form that it may be filed with and recorded by the office of Recorder of Deeds or director or records of Bates County, Missouri.
SECTION 10. POSTING NOTICE ON BUILDING-NON-EMERGENCY CASES.
- Posting. A notice of the dangerous condition of a building maybe posted on any building determined by the City Inspector to be a dangerous building. The notice shall contain the words. “Warning, Dangerous Building, DO NOT ENTER”.
- Removal – A misdemeanor. Any person removing such sign shall be guilty of a misdemeanor and upon conviction thereof shall be punished as set forth in Section 18.
SECTION 11. DUTIES OF CITY ATTORNEY AND CITY PROSECUTOR.
a) Prosecution. Within the proper exercise of his or her discretion, the City Prosecutor will prosecute all persons failing to comply with the terms of the notices and the orders provided for herein, and will act as City Prosecutor in hearing before the Building Code Hearing Officer and the Appeal Board.
b) Legal assistance to City officials. The City Prosecutor will provide such legal assistance as maybe required by the Building Code Hearing Officer, and will represent the City in appeals before the Circuit Court.
c) Collection suit. The City Prosecutor may bring suit to collect all municipal liens, assessments or costs incurred by the City in causing “dangerous buildings” to be vacated, repaired or demolished.
d) Other action. The City Prosecutor may take such other legal action as is necessary to carry out the terms and provisions of this Ordinance.
SECTION 12. FAILURE TO COMPLY-MISDEMEANOR.
a) Owner. Any owner of a dangerous building who shall fail to comply with an order of the Building Code Hearing Officer or Appeals Board to vacate, repair or demolish said building or who failed to proceed continuously to vacate, repair or demolish the building without unnecessary delay shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as set forth in Section 17.
b) Possessor or person with legal duty to act. The party in actual or constructive possession, or one who has a legal duty to act for a party, who failed to comply with an order of the Building Code Hearing Officer or Appeals Board to board, vacate, repair or demolish a dangerous building shall be guilty of a misdemeanor and upon conviction, shall be punished as set forth in Section 17.
c) Persons inhabiting dangerous building. Any person failing to promptly and immediately vacate a building upon the verbal or written order of the Building Code Hearing Officer in cases of emergency pursuant to Section 15 shall be guilty of a misdemeanor and upon conviction shall be punished as set forth in Section 17.
d) Those who hinder or interfere with enforcement. Any person, who hinders, threatens or interferes with a Building Inspector, contractor or any person working for a contractor having a permit to demolish or repair a dangerous building shall be guilty of a misdemeanor and upon conviction shall be punished as set forth in Section 17.
SECTION 13. CERTIFICATE OF OCCUPANCY.
It shall be unlawful for any person to enter, occupy, use, or remain in or permit or cause any other person to enter, occupy, use or remain in any building or structure which has been declared a “dangerous building”, unless such entry and use is for the purpose of repair or demolition, until such building or structure has been inspected by the Building Inspector and a certificate of occupancy been issued. Such certificate will be issued by the Building Code Hearing Officer when it has been determined that the building is no longer a dangerous building and is safe and fit for human occupancy.
SECTION 14. METHOD OF CLOSING OF BUILDINGS.
All buildings which are to be closed (boarded) shall be closed or boarded and kept closed or boarded in accordance with the following standards and requirements:
a) All exterior openings are to be closed;
b) Materials missing or broken shall be replaced by similar construction, or may be replaced by solid wood construction or exterior grade plywood at least one-half inch (½”) thick, or by equivalent materials approved by the Building Inspector;
c) Any material used to close openings in exterior walls of open buildings, shall be installed in a workmanlike manner in accordance with recognized standards of the construction industry;
d) All loose or hanging exterior parts shall be removed;
e) All debris shall be removed from the interior and exterior of the premises, and brush and weeds will be cut and removed;
f) The property will be maintained in conformity with the requirements of the city ordinances of the City of Rich Hill, Missouri.
SECTION 15. EMERGENCY CASES–PROCEDURE.
a) Emergency defined. For the purpose of this Ordinance, an emergency is hereby defined as any case where it reasonably appears there is immediate danger to health, life, safety or welfare of any person because of a dangerous building, which exists in violation of this Ordinance.
b) Authority to issue emergency orders to take emergency action. In any emergency case, the Building Code Hearing Officer shall have the power to take emergency measures to abate or correct such dangerous conditions. The emergency power herein granted shall include the power to order and cause the immediate vacation of any building and the summary correction of any emergency condition which exists in violation of this Ordinance, including, but not limited to fencing, boarding, or the repair or demolition of a dangerous building as is authorized by Section 67.440, RSMo, 1986, as amended. Costs shall be collected as provided in Section 7 (f) (4). It shall be the policy of the City to take sufficient action in emergency cases to abate the nuisance and protect the public.
c) Emergency order not appealable within municipal administration. No appeal to the Appeal Board shall lie from an emergency order and such order shall not be reviewed and stayed other than by the Circuit Court of Bates County, Missouri. Judicial review of emergency procedures under this Ordinance may be made by injunction, certiorari, mandamus, prohibition, or other appropriate action under Section 536.150, RSMo. 1986.
SECTION 16. DANGEROUS BUILDINGS RESULTING FROM INSURED CASUALTY.
a) “Covered claim” – 50% or more of policy” – 25% escrow – Mortgagee’s rights and reimbursement. 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 for such damage or loss exceeds fifty percent (50%) of the face value of the policy on such building or other structure, then the insurance carrier for such building or structure shall pay the twenty-five percent (25%) of such insurance claim proceeds to the Officer in charge of Finance of the City of Rich Hill, Missouri, who shall hold such money in an interest bearing account. Any named mortgagee on the insurance policy shall maintain priority over any obligation under the Order or this Ordinance. If a special tax bill or assessment is issued by the City for the expenses of demolition or repair of such building as a dangerous building pursuant to this Ordinance, such shall be paid from the monies held by the Officer in charge of Finance; and if there is any excess, such shall be paid by the Officer in charge of Finance to the insured or as to the terms of the policy including any endorsements thereto provided.
b) Release of escrow within thirty (30) days–Conditions. If within thirty (30) days of the receipt of such insurance monies, the City has not instituted legal proceedings by issuance of the notice provided for in Section 6 c), or by taking emergency measures as provided for in Section 16, then the City Treasurer shall release 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, including any endorsements thereto provide.
c) Reimbursement–When. If such building or structure is repaired or demolished pursuant to this Ordinance as attested to by the Building Code Hearing Officer without cost to the City, then any insurance proceeds paid to the City Treasurer and any interest thereon, shall be paid to the insured under the insurance policy, or as the terms of the policy including any endorsement thereto provided, or in the alternative, shall be paid to all apparent interested parties by payment in the registry of the appropriate Court in conjunction with an action in interpleader.
d) Salvage credit. When the City takes bids from independent contractors for demolition of a building, bidders shall deduct any salvage value materials of the building or the structure may have from the cost of demolition in arising at their bid amount. Should City employees do the demolition, the actual cash value of salvage materials shall be deducted from the special tax bill for such demolition. In no case will the net cost of demolition be increased in order to effect salvage of materials.
e) Waiver certificate. Upon presentation of satisfactory proof that the insured has removed or will remove debris and repair, rebuild or otherwise make the insured premises safe and secure, the Building Code Hearing Officer shall issue a Waiver Certificate within thirty (30) days after receipt of such satisfactory proof to permit recovery of payments to the insured without deduction payable to the City Treasurer as herein provided in this Section. It shall be the obligation of the insured, or other person, making claim to provide the insurance company with such certificate.
SECTION 17. VIOLATIONS AND PENALTIES.
(a) General. It shall be unlawful for any person, firm, corporation, partnership, association or other organization to own and maintain a dangerous building as defined in Section 2; to fail to comply with a final order of the Building Code Hearing Officer or Appeals Board; or to erect, construct, enlarge, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any dangerous building or structure, partial or whole, or cause the same to be done, contrary to or in violation of any of the provisions of this Ordinance, or rules or regulations promulgated thereunder.
(b) Violations. Any person, firm, corporation, partnership, association or other organization violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor. Each and every day or portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued or permitted shall be a separate offense.
c) Penalties.
(1) Fine and imprisonment. Any person convicted of a violation of this Ordinance shall be punished for that violation by a fine of not less than two hundred fifty dollars ($250.00), but no more than five hundred dollars ($500.00), or by imprisonment of not more than thirty (30) days, or by both such fine and imprisonment for each violation. All fines imposed shall be in accordance with the minimum fine schedule set out in Subsection (2) herein.
(2) Minimum fine. Whenever the penalty is to be a fine or a fine and imprisonment, the fine shall be no less than the minimum amount set out in the following schedule.
First conviction (per day) ¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼..$250.00
Second conviction at same location (per day) ¼¼¼¼¼¼ 300.00
Third conviction at same location (per day) ¼¼¼¼¼¼¼¼ 350.00
Fourth conviction at same location (per day) ¼¼¼¼¼¼¼. . 400.00
Fifth conviction at same location (per day) ¼¼¼¼¼¼¼¼. 500.00
(3) Reoccurring offenses. In determining the applicable minimum fine, an offense shall be considered a reoccurring offense only if the defendant has previously been found guilty of violating the Code at the same location.
(4) Suspension of sentence. Suspension of Imposition or Execution of Sentence shall not be permitted except for a person with no prior offenses.
(d) Payment–Sentence. Payment of fines or completion of a sentence shall not cure violations of final orders that continued unabated.
SECTION 18. RIGHT OF ENTRY.
Whenever necessary to make an inspection to enforce any of the provisions of this Ordinance, or whenever the building official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the building official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this code, provided that if such building or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the building official or his authorized representative shall have recourse to every remedy provided by law to secure entry.
SECTION 19. ELECTION TO CONVEY PROPERTY.
In lieu of abating the conditions of a dangerous building or property nuisance covered by this Ordinance, the owner of the property may elect to offer to convey fee simple marketable title of property to the City; provided however, the City may reject any such offer in which event the owner will continue to be subject to the requirements of this Ordinance with respect to the property. In the event the City expresses an interest to accept the conveyance of the property in lieu of abating the nuisance, the conveyance will be upon such terms and conditions as the City may require, including, but not limited to, the owner being required to show evidence of marketable title and agreeing to indemnify and hold harmless the City from any and all liability with respect to the condition of the property. Notwithstanding anything in this section to the contrary, unless and until the City makes a written election to accept an offer of conveyance of the property in lieu of the abatement of the nuisance, the owner shall continue throughout the processes provided for by this Ordinance be subject to all of the provisions, conditions and requirements of this Ordinance, including but not limited to all of the time limitations and requirements. Only the Board of Alderman can make a decision as to whether to accept an offer to convey the property.
SECTION 20. REPEAL OF CONFLICTING ORDINANCES.
All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
SECTION 20. EFFECTIVE DATE.
This Ordinance shall be in full force and effect from and after its passage and approval as provided by law.
Read two times and passed this 8th day of July 2008.
________________________
Richard Miller, Mayor
ATTEST:
________________________
Becky Rich, Assistant City Clerk
Ayes: Billingsley, Dahman, Knowles
Nays: McDaniel
