1628 Bill No. 628 Dangerous Building

AN ORDINANCE TO DEFINE MUNICIPAL ORDINANCE VIOLATIONS, WHICH INCLUDES DANGEROUR BUILDINGS; GENERAL REQUIREMENTS; ABATEMENT; PENALTY; PAYMENT OF COURT COSTS AND/OR COMMUNITY SERVICE FEES; CONFINEMENT; ANNUAL SPECIAL FINANCIAL REPORT OF THE CALCULATION OF FINES AND COURT COSTS COLLECTED; LIMITATIONS AS TO THE PERCENTAGE RECEIVED OF THE GENERAL REVENUE

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BE IT ORDAINED, by the Board of Aldermen of the City of Rich Hill, Missouri, as follows:

ARTICLE I– DANGEROUS BUILDINGS

Section 1 – Definitions.

Section 2 – Purpose

Section 3 – Dangerous buildings.

Section 4 – Standards for repair, clean up, vacation and/or demolition.

Section 5 – Duties of the Chief of Police and City Superintendent, emergencies.

Section 6 – Liability.

Section 7 – Penalty.

Sections 8 through 12 reserved

ARTICLE II – DANGEROUS BUILDING ABATEMENT

Section 13 – Notice.

Section 14 – Serving notices or orders; procedures for notice/service.

Section 15 – Disregarding notices.

Section 16 – Notice of hearing; testimony under oath; record of hearing.

Section 17 – Findings.

Section 18 – Order to repair, clean up, vacate and/or demolish, salvage.

Section 19 – Appeal.

Section 20 – Recording of statement of violation, certificate of existence of dangerous building.

Section 21 – Payment of costs.

Section 22 – Insurance proceeds from damage or loss.

Section 23 – Violations and penalties.

ARTICLE I – DANGEROUS BUILDINGS

Section 1 – Definitions

Section 2 – Purpose

Section 3 – Dangerous buildings.

Section 4 – Standards for repair, clean up, vacation and/or demolition.

Section 5 – Duties of the Chief of Police and City Superintendent, emergencies.

Section 6 – Liability.

Section 7 – Penalty.

Section 1 – Definitions

Municipal Ordinance ViolationA municipal ordinance prosecuted for charges as follows and includes amended charges for any municipal ordinance violation, but does not include abatement of abandoned property or junk or abatement of dangerous buildings:

A. Chapter 64, §§160, 200, 295, 487, 690 and 895 (zoning orders, planning regulations and restrictions);

B. Chapter 67, § 398 abatement of public nuisances including, but not limited to: any material or condition that is unhealthy or unsafe and declared to be a public nuisance.

Chief of Police:  Shall include his authorized representative

City Superintendent:  Shall include his authorized representative

Nuisance:  Includes, but is not limited to, the following:

A. Any act done or committed, or suffered to be done or committed by any person or any substance or thing kept, maintained, placed or found in or upon any public or private place within the City that is injurious, dangerous or unsafe to the public.

B. Any pursuit followed or acts done or acts failed to be done by any person that is injurious, dangerous or unsafe to the public.

C. Any obstruction caused or permitted on any street, sidewalk, public or private alley that is injurious, dangerous, offensive, unsafe or unhealthy to the public.

D. Any tenement, boardinghouse or lodging house in the City leased, let, rented or occupied by any person for dwelling that is not sufficiently lighted, ventilated, heated or provided with water, or kept in a clean and sanitary condition that is dangerous, injurious, obnoxious, offensive or unsafe to the public.

Owner:  Includes each owner in the case of joint tenancy, tenancy by entireties or tenancy in common

Section 2 – Purpose.

The purpose of section 1 through 21 is to implement the revision RSMo § 67.400 et seq., and shall be referred to as the dangerous building code.

Section 3 – 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 walls or other structural portions have materially less resistance to winds or snow than is required in the case of similar new construction.

(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 nonsupporting members, or enclosing or outside walls or wall coverings.

(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 and the same is no longer occupied or used for the purpose for which it was used prior to the damage.

(g) Whenever a door, aisle, passageway, stairway, fire escape or other means of egress is not of sufficient width or size, or 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 article 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 has become an attractive nuisance to children or 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 or which constitutes an eyesore so as to deprive owners of 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 the building or structure is in such condition as to constitute a public nuisance known to the common law or in equity jurisprudence.

(t) Whenever any portion of a building or structure remains on a site when construction or demolition work is abandoned.

Section 4 – Standards for repair, clean up, vacation and/or demolition.

The following shall be followed in substance by the Chief of Police and/or the City Superintendent in ordering repair, clean up and maintenance, vacation and/or demolition of any dangerous building:

A. If the dangerous building can reasonably be repaired and/or cleaned up and maintained so that it will no longer exist in violation of the terms of Section 3, it shall be ordered repaired and/or cleaned up and maintained; any repair and/or clean up and maintenance shall be performed in full compliance with all requirements of the City.

B. If the dangerous building is in such condition as to make it dangerous to the health, safety or welfare of its occupants, it shall be ordered to be vacated, pending abatement of the dangerous condition(s).

C. In any case where the dangerous building cannot be reasonably repaired or cleaned up and maintained so that the dangerous building will no longer exist in violation of the terms of Section 3, the dangerous building shall be ordered demolished, or in extenuating circumstances repaired; the demolition or repair shall be performed in full compliance with all requirements of the Code; in the event it is not repaired or demolished by the owner, then the City may abate the dangerous building by demolition.

D. In any case where the conditions constituting the dangerous building public nuisance are such that the costs to repair and/or clean up and maintain the building or structure so that it will no longer constitute a dangerous building public nuisance is equal to or exceeds 50 percent of the value of the dangerous building, it shall be ordered demolished, or in extenuating circumstances repaired; the demolition or repair shall be performed in full compliance with all requirements of the Code; in the event it is not repaired or demolished by the owner, then the City may abate the dangerous building public nuisance by demolition.

E. Any dangerous building constituting a public nuisance because of the conditions described in Section 3 shall be ordered to be completed in accordance with lawful plans and specifications and all requirements of the Code, and if it shall not be so completed or demolished by the owner in full compliance with the Code, then the City may abate the dangerous building public nuisance by demolition.

F. Any dangerous building found to be a public nuisance because of the conditions described in Section 3 shall be ordered demolished; the demolition shall be performed in full compliance with all requirements of the Code.

Section 5 – Duties of the City Superintendent and the Chief of Police, emergencies.

The City Superintendent or the Chief of Police:

A. May inspect or cause to be inspected as deemed necessary, all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial, manufacturing, residential or loft buildings or structures for the purpose of determining whether any conditions exist as set forth in Section 3.

B. Whenever the City Superintendent and/or the Chief of Police has reasonable cause to believe that there exists upon any premises any condition that makes the building unsafe, dangerous or hazardous, the City Superintendent and/or the Chief of Police may enter the premises at all reasonable times to inspect the same or to perform any duty imposed; however, if the  premises is occupied, he shall first present proper credentials and request entry;  if the premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the premises and request entry.  If entry is refused, the City Superintendent and/or the Chief of Police shall obtain a search warrant as well as any recourse to every remedy provided by law to secure entry.

C. Shall inspect any buildings or structure about which complaints are filed by any person alleging that the building or structure contains any of the conditions described in Section 3.

D. Shall inspect any building or structure reported by the fire or police department when that department has reason to believe that the building or structure has any of the conditions set forth in Section 3.

E. Shall inspect any building or structure in the City at any time there is reason to believe that the building or structure has a condition described in Section 3.

F. Shall determine in any case where inspection shows that a building or structure has any of the conditions referred to in Section 3, and that it reasonably appears there is immediate danger to the health, safety or welfare of any person because of such condition, shall immediately notify the City Superintendent. Should the City Superintendent find there is immediate danger, the Chief of Police shall immediately post upon the building or structure a notice reading as follows:                                                                        “This building has been found to be a public nuisance by the City Superintendent                  of the City of Rich Hill. It also reasonably appears that this building or structure                  is an immediate danger to the health, safety or welfare of persons thereabouts or                  therein. This notice is to remain on this building or structure until it is brought                    into compliance with the ordinances of the City of Rich Hill. It is unlawful to                          remove this notice until such compliance has occurred.”

G. Shall report to the City Superintendent any non-compliance with the notice provided for in this Article.

H. Emergencies. Notwithstanding anything to the contrary contained in this Section, in all cases where it reasonably appears that an immediate danger to the health, safety or welfare of any person exists, the City Superintendent and/or the Chief of Police may take emergency measures to vacate, repair, clean up and/or demolish a building or structure which is a dangerous building under the provisions of this Article.

I. Nothing contained in this subsection shall be construed to deprive any person entitled to the notice and hearings prescribed herein.

Section 6 – Liability.

No officer, agent, or employee of the City 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 officer, agent or employee of the City as a result of any acts required or permitted shall be defended by the City insurer until the final determination of the proceedings, and if judgment is obtained, it shall be paid by the City insurer.  This clause in no way waives any defense, including sovereign immunity, to any claims brought against the City.  It is hereby further declared that no officer, agent or employee of the City owes any duty under the provisions of this Article to any citizen or other individual, but the duties prescribed herein and imposed upon officers, agent or employees of the City are duties to be performed for the government of the City.

Section 7 – Penalty.

A. The provisions contained herein under this Chapter shall not be exclusive, and the City may pursue any additional remedies it may have as provided by law. Violations of this Code that are continuous with respect to time, each day the violation continues may be charged as a separate offense.

B. The following persons upon a plea or finding of guilt shall be subject to a fine not to exceed $500, confinement not to exceed 90 days, or both fine and imprisonment.

  1. Any owner of a dangerous building who fails to comply with an order of the City Superintendent to vacate, repair, clean up, maintain and/or demolish a dangerous building or who fails to proceed continuously to vacate, repair, clean up, maintain and/or demolish the dangerous building without unnecessary delay;
  2. The party in actual or constructive possession, or one who has a legal duty to act for a party, who fails to comply with an order of the City Superintendent to vacate, repair, clean up, maintain and/or demolish a dangerous building;
  3. Any person failing to immediately vacate a building upon the verbal or written order of the City Superintendent and/or Chief of Police in cases of emergency pursuant to the provisions of this Article;
  4. Any person who hinders, threatens or interferes with any inspector, contractor or any person working for a contractor having a permit to demolish a dangerous building or who removes a posted notice placed upon a dangerous building or otherwise violates any of the provisions of this Article.
  5. Persons subject to payments of a fine shall include, but are not limited to, the tenant, an owner, a party in actual or constructive possession or one who has a legal duty to act for a party.

ARTICLE II

DANGEROUS BUILDING ABATEMENT PROCEDURES AND COLLECTION OF COSTS OF ABATEMENT

Section 13 – Notices

Section 14 – Serving notices or orders; procedures for notice/service.

Section 15 – Disregarding notices.

Section 16 – Notice of hearing; testimony under oath; record of hearing.

Section 17 – Findings.

Section 18 – Order to repair, clean up, vacate and/or demolish, salvage.

Section 19 – Appeal.

Section 20 – Recording of statement of violation, certificate of existence of dangerous building.

Section 21 – Payment of costs.

Section 22 – Insurance proceeds from damage or loss.

Section 13 – Notice.

A. Whenever the City Superintendent has determined that any building or structure is a public nuisance under Section 3, he shall, as soon as possible thereafter, notify 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 Bates County that the building or structure has been found to be a dangerous building and/or a public nuisance under Section 3.

B. The notice shall set forth a description of the property deemed dangerous and the conditions found in the building or structure that constitute the building or structure as a dangerous building public nuisance under Section 3.

C. The notice shall also provide for abatement of the dangerous building public nuisance by:

  1. ordering the building or structure to be vacated, repaired, cleaned up and      maintained and/or demolished; and
  2. specifying commencement of the work within 10 days after receipt of the notice, which commencement shall include the scheduling of an appointment with the City Superintendent by the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the building or structure and the establishment of an acceptable plan of action for the work; and
  3. requiring the work to proceed continuously without unnecessary delay to completion in strict compliance with the plan of action approved by the City Superintendent.

Section 14 – Serving notices or orders; procedure for notice/service

A. 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 office of the Bates County Recorder of Deeds in Butler, Missouri; the notice shall be signed by the City Superintendent.

B. Owner residing inside City limits: The notice shall be served by anyone competent to be a witness by handing the notice to the person to be served 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 15 years.

C. Owner not residing inside City limits or is unable to be personally served: If the person to be served does 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 provided for herein and if his address is known, then service shall be made by:

  1. ordinary mail (when notice is sent by ordinary mail, there is a rebuttable presumption that the letter was delivered 5 days after the date it was sent); and by
  2.  certified mail, return receipt requested.

D. Unknown address: If the address of the person to be served is unknown, 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 a week for 3 consecutive weeks on the same day of the week in some newspaper of general circulation published in the appropriate county; the notice shall state that the date for hearing shall occur 10 days after the final date of publication and the owner or person to be served has 30 days from the date of the last publication to complete the work or any other thing to be done.

Section 15 – Disregarding notices.

Whenever there is a failure to obey a notice to abate a dangerous building issued pursuant to Section 13 by:

  • not commencing work and establishing an acceptable plan of action in the time specified in the notice, or
  • there is a failure to proceed continuously with the work required without unnecessary delay to completion in strict compliance with the approved plan of action; the City Superintendent shall call and have a full and adequate hearing upon the matter giving all interested parties as described in Section 13 notice and opportunity to be heard.

Section 16 – Notice of hearing; testimony under oath; record of hearing.

A. The purpose of a hearing is to allow the owner and/or the non-owner occupant to challenge the finding of a dangerous building and/or nuisance and to show cause why the dangerous building public nuisance should not be abated. At the hearing, any party may be represented by counsel, and all parties shall have an opportunity to be heard and to present evidence.

B. Hearing dates shall be set by the City Superintendent as follows:

  1. Personal service by hand delivery:  10 days from the date of service;
  2. Service by certified mail:  10 days after the date of acceptance of the certified mail;  or if the certified mail is not accepted, 10 days after the return of the certified mail receipt to the City;
  3. Service by publication: 30 days after the first date of publication.

C. In any instance, the City Superintendent shall provide all interested parties (the owner of the building or structure, occupant, lessee, mortgagee, agent and all other persons having an interest in the building or structure as shown by the land records of the office of the Bates County Recorder of Deeds) a 10-day written notice of the date of the hearing.

D. The notice must state that any party may be represented by counsel and that all parties shall have an opportunity to be heard and present evidence that is relevant to a determination of:

  1. Whether or not the building or structure involved is a dangerous building public nuisance under the terms of Section 3;
  2. Whether the procedure required by this Article has been substantially followed; and
  3. Whether or not the abatement order was reasonable and within the standards of this Article.

E. All testimony shall be under oath, which may be administered by the City Superintendent.

F. A written record of the hearing shall 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 or any interested party 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 demolition, repair, clean up and maintenance in the event the City shall be required to do so and shall be payable as provided in Section 21.

Section 17 – Findings.

A. Within 30 days from the date of the hearing, the City Superintendent, his authorized representative or a specially appointed hearing officer, shall, upon the basis of competent and substantial evidence offered at the hearing, make a finding of fact as to whether or not the building or structure in question is a dangerous building public nuisance under the terms of Section 3 and detrimental to the health, safety and welfare of the residents of the City, specifically finding as a matter of fact the condition or conditions of the building or structure that constitute the nuisance.

  1. If it is found that the building or structure is a dangerous building public nuisance, further findings shall be made as to whether or not the procedures required by the Article have been substantially met and complied with, and whether or not the abatement order to abate the condition was reasonable in its terms and conditions and within the standards of this Article.
  2. If it is found that the abatement order was not reasonable or within the standards of this Article, it shall be the duty of the City Superintendent, his authorized representative or the special hearing officer to make his own findings of fact as to what is reasonably required to abate the dangerous building public nuisance within the standards of this Article.
  3. If the City Superintendent, his authorized representative or the special hearing officer finds that a dangerous building public nuisance does not exist or that the procedures of this Article have not been substantially met and complied with, the proceedings against the owner of the building or structure shall be dismissed.

Section 18 – Order to repair, clean up, vacate and/or demolish, salvage.

A. If a proceeding is not dismissed following the findings required by Section 17, the City Superintendent shall issue an order directing the building or structure to be completed, repaired, cleaned up and maintained and/or demolished and/or vacated, as the case may be. This order, together with the findings of fact, shall be in writing and shall be immediately delivered or mailed to each party to the hearing or to his attorney of record by certified mail, return receipt requested. In addition, copies of the order and findings of fact shall be posted in a conspicuous place in the Rich Hill City Hall for a period of 30 days from the date of issuance thereof. The order shall state a reasonable time that (except in cases of emergency) shall not be less than 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 City Superintendent shall cause the work to be done by the City and its own crew or by contractors employed by the City for that purpose.

B. If there is no contractor employed by the City for that purpose, the City Superintendent is hereby authorized to enter into contracts not to exceed $2,500.00 or whatever limit is set by the Board of Aldermen 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 $2,500.00 or other set limit must be approved by the Board of Aldermen.

C. Salvage:

  1. When the City takes bids from independent contractors for demolition of a building, bidders shall deduct any salvage value the materials in the building or structure may have from the cost of demolition in arriving at their bid amount.
  2. Should city employees do the demolition, the actual net cash received by the city from the salvaged materials shall be deducted from the special tax bill for the demolition.
  3. In no case will the net cost of demolition be increased in order to salvage materials.

Section 19 – Appeal.

A. If the owner, non-owner occupant, lessee, mortgagee, agent or other person having an interest in the building or structure does not attended the 10-day hearing, then no appeal of the order is permissible

B. Any owner, occupant, lessee, mortgagee, agent or other person having an interest in the building or structure may appeal from the order and determination of the City Superintendent, his authorized representative or the special hearing officer made under the provisions of this Article. The appeal shall be to the Circuit Court of Bates County as established in Missouri Revised Statutes, Chapter 536.

Section 20 – Recording statement of violation, certificate of existence of dangerous building.

A. Whenever City Superintendent or his duly authorized representative has determined that any building or structure is a dangerous building public nuisance under Section 3, and upon issuance of the notice thereof to all persons having an interest in the property pursuant to Section 3, the City Superintendent shall prepare a “statement of violation of Section 3” and cause the same to be filed and recorded in the office of the Bates County Recorder of Deeds in Butler, Missouri.

B. After a hearing is held and it is determined by the City Superintendent, his authorized representative or a special hearing officer that the building or structure is a dangerous building public nuisance, the City Superintendent shall prepare a “certificate of existence of dangerous building” and cause the same to be filed and recorded in the office of the Bates County Recorder of Deeds in Butler, Missouri.

C. The statement and certificate shall set forth:

  1. the address and legal description of the property upon which the dangerous building is located;
  2. that such building is dangerous within the provisions of Section 3; and
  3. that the owner thereof has been given proper notice and ordered to comply with the requirements of Section 4.

D. The recording of the statement of violation and the certificate of existence of dangerous building shall place persons purchasing such property subsequent to the date of the recording on notice that the described property has been declared a dangerous building ordered repaired, cleaned up and maintained or demolished. The act of subsequent purchase shall not delay the processing or cause a delay in such matter and shall not be an exception to the time requirements of the notices provided herein.

E. Upon application and after verification that the owner has complied with Section 18 by vacating, repairing, cleaning up and maintaining or demolishing the dangerous building or structure, or that the owner has complied with the order of the City Superintendent to vacate, repair, clean up or demolish a dangerous building, the City Superintendent shall issue to the owner of the property a “release of statement of violation of Section 3” or a “release of certificate of existence of a dangerous building,” which shall be in such form that it may be filed with and recorded by the office of the Recorder of Deeds in Butler, Bates County, Missouri, stating that the dangerous condition has been abated.

F. The statement, certification and release shall be signed by the City Superintendent.

Section 21 – Payment of costs.

A. Unless the building or structure is demolished, secured or repaired by a contractor pursuant to an order issued by the City, and the contractor files a mechanic’s lien against the property where the dangerous building is located, whenever the City shall have the work done as provided by Section 18, the City Superintendent shall certify the costs of the work to the City Clerk who shall cause a special tax bill to be prepared for the costs associated with the processing of the order to include attorney’s fees and other professional fees, if any; fees for written reports by certified asbestos technicians, building engineers or other professionals; costs of publication; court reporter and written court report; and certified mail that is assessed 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 deemed a personal debt against the property owner, and in addition shall be a lien on the lot, tract or parcel of land until paid and shall be registered in the office of the City Clerk. The tax bill shall be collected by the city collector or other official collecting taxes.

B. Tax bills issued under this Article 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 Attorney on behalf of the City. Judgment in any such suit shall be special and against the property owner and against the property 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 or by any other means available under law or equity.

Section 22 – Insurance proceeds from damage or loss.

A. If there are proceeds of any insurance policy based upon a payment made for damage or loss to a building or other structure caused by or arising out of any casualty loss, and if the payment is in excess of 50 percent of the face value of the policy covering a building or other structure, then the following procedure shall apply:

  1. The insurer shall withhold from the payment up to 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. If a special tax bill or assessment is issued by the City for the expenses of demolition of such building as a dangerous building, the monies held by the City shall be applied toward payment of special tax bill or assessment. If there is any excess, it shall be paid by the City to the insured or as the terms of the policy, including any endorsement thereto, provide.
  2. The City shall release the proceeds and any interest which has accrued on the proceeds received to the insured or as the terms of the policy and endorsements thereto provide within 30 days after receipt of the insurance monies, unless, proceedings have been instituted under Sections 16, 17, and 18.  If so, then all monies in excess of that necessary to comply with the provisions for the removal of the building or structure, less salvage value, shall be paid to the insured.
  3. The City may certify that, in lieu of payment of all or part of the 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 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 the claim to provide the insurance company with the written certificate provided for in this section.

B. No provision of this section shall be construed to make the City a party to any insurance contract.

Section 23 – Violations and penalties.

(a)        Maintaining a dangerous building; failure to comply with orders to demolish, repair, etc. 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 3; to fail to comply with a final order of the hearing officer as set forth in section 17; 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 article, or rules or regulations promulgated thereunder.

(b)        Violation of article. Any person, firm, corporation, partnership, association or other organization violating any of the provisions of this article 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 article is committed, continued or permitted shall be a separate offense.

(c)  Fines and penalties for offenses.

  1. Fine and imprisonment.Any person convicted of a violation of this article shall be punished for that violation by a fine of not less than $250.00, but no more than $500.00, or by imprisonment of not more than 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 (c)(2) of this section.
  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) $250.00
Second conviction at same location (per day) $300.00
Third conviction at same location (per day) $350.00
Fourth conviction at same location (per day) $400.00
Fifth conviction at same location (per day) $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.

Any ordinance or parts of ordinances in conflict with this ordinance are hereby repealed.

This ordinance shall be in force and affect from and after its passage and approval as provided by law.[i]

1ST READING 10TH DAY OF JANUARY 2017

2ND READING 10TH DAY OF JANUARY 2017

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 10TH DAY   OF JANUARY 2017.

______________________________

Jennifer Perkey-Ewing, Mayor

ATTEST:

______________________________

Brittany Schenker, City Clerk

Ayes: Humble, Pilcher, Robb, Rich

Nays: None

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