Demolition of substandard buildings breakdown

• List of houses/buildings sent to Building Commissioner (Mayor) or prosecutor that may be in violation
• The building commissioner or prosecutor fills out forms, per property location, requesting the Municipal Judge to order an Administrative Search Warrant.
• Once ASW is issued by Judge, building inspectors can access the property and gather evidence as to why the structure needs to be repaired or demolished
• Building inspector (appointed by Mayor) informs the building commissioner of said evidence and requests that a certified letter be sent to property owner
• Once the letter is sent and received the property owner has 30 days to comply with requests of the letter or the property owner can appeal the letter.
• If owner wishes to appeal the letter, the matter will be set for a hearing with the Building Commissioner and the Building Committee (Board of Aldermen).
• If the owner is unsatisfied with the Building Commissioner and Committee decision, the owner can appeal the decision with the Circuit Court of Oregon County.
• If the property owner doesn’t respond or the building committee deems the structure needs to be demolished, the City can move to demolish the structure itself or hire out the job to a contractor.
• Once the property is scheduled to be demolished the City or contractor would have to follow DNR regulations of cleaning and inspecting the property
• After demolition the total costs will be assessed and added as a municipal tax lien.

Attached is Chapter 505 of the City Ordinance Demolition of Substandard Buildings. This is an in-depth look at what this breakdown is referring to.

 

Chapter 505

DEMOLITION  OF SUBSTANDARD BUILDINGS

Section 505.010. Dangerous Buildings

Defined.

Section 505.020. Standards For Repair,

Vacation or Demolition. Section 505.030. Dangerous Buildings Are

Nuisances.

Section 505.040. Building Inspectors. Section 505.050. Building Inspector

Duties.

Section 505.060. Building Commissioner.

Section 505.070. Building Commissioner Duties.

Section 505.080. Appeal To Circuit

Court.

Section 505.090. Emergency Cases. Section 505.100. Owner Absent From

The City.

Section 505.110. Liability For Wrongful Action.

Section 505.120. Insurance Proceeds –

How Handled.

 

 

 

Section 505.010. Dangerous Buildings Defined. [CC 1978 §41.010)

1. All buildings or structures  which  have  any or  all  of the following  defects  shall be deemed “dangerous buildings”:
   1. Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its
   2. Those which, exclusive of the foundation, show thirty-three percent (33%) or more of damage or deterioration of the supporting member or members, or fifty percent (50%) of damage or deterioration of the non-supporting enclosing or outside walls or
   3. Those which have 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
   4. Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, or the general health and welfare of the occupants or the people of this
   5. Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essentil 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 general welfare of those living
   6. Those having light, air and sanitation facilities which are inadequate to protect the health, safety, or general welfare of human beings who live or may live

 

Section 505.010                            THAYER CITY CODE                             Section 505.040

 

7. Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of
8. Those which have parts thereof which are so attached that they may fall and injure property or members of the
9. Those which because of their condition are unsafe, unsanitary, or dangerous to the health, safety, or general welfare of the people of this

 

 

Section 505.020. Standards For Repair, Vacation or Demolition. [CC 1978 §41.020]

1. The following standards shall be followed in ordering repair, vacation, or demolition:
   1. If the “dangerous building” can reasonably be repaired so that it will no longer exist in violation of the terms of this Chapter it shall be ordered
2. 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 and
3. In any case where a “dangerous building” is fifty percent (50%) damaged or decayed or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this Chapter it shall be In all cases where a “dangerous building” is a fire hazard existing or erected in violation of any provision of this Code or other ordinance of the City or Statute of the State it shall be repaired or demolished.

 

 

Section 505.030. Dangerous Buildings Are Nuisances. [CC 1978 §41.030]

All dangerous buildings within the terms of Section 505.010 of this Code are hereby declared to be public nuisances, and shall be repaired, vacated, or demolished as hereinbefore and hereinafter  provided.

 

 

Section 505.040. Building Inspectors. [CC 1978 §41.040]

All City Police Officers and all other City employees so designated by the Mayor shall be “Building Inspectors” within the meaning of this Chapter.

 

Section 505.050        DEMOLITION OF SUBSTANDARD BUILDINGS         Section 505.050

 

Section 505.050. Building Inspector Duties. [CC 1978 §41.050]

1. The building inspectors shall:
   1. Inspect or cause to be inspected semi-annually, all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial, manufacturing or loft buildings and all dwellings for the purpose of determining whether any conditions exist which render such places to be a “dangerous building” within the terms of Section

505.010 of this Chapter.

2. Inspect any building, wall or structure about which complaints in writing are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this
3. Inspect any building, wall or structure reported in writing as probably existing in violation of the terms of this
4. Notify in writing, either by personal service or by certified mail, return receipt requested; or if service cannot be had by either of these modes of service, then by publication in a newspaper qualified to publish legal notices for two (2) successive weeks, 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 of any building found by him/her  to be a “dangerous building” within the standards set forth in Section 010 of this Code, that:
   1. The owner must vacate, vacate and repair, or vacate and demolish said building in accordance with the terms of the notice and this Chapter;
   2. The occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession;
   3. The mortgagee, agent or other person having an interest in said building as shown by the land records of the Recorder of Deeds of the County may at his/her own risk repair, vacate or demolish said building or have such work or act done:

 

Provided, that any person notified under this Subsection (4) to repair, vacate, or demolish any building shall be given such reasonable time, not exceeding thirty

(30) days as may be necessary to do or have done the work or act required by the notice provided for herein.

 

5. Set forth in the notice provided for in Subsection (4) hereof, a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a “dangerous building” and an order requiring the same to be put in such condition as to comply with the terms of this ordinance within such length of time, not exceeding thirty (30) days as is

 

Section 505.050                             THAYER CITY CODE                             Section 505.070

 

6. Report in writing to the Mayor any non-compliance with the notice provided for in Subsection (4) and (5)
7. Appear at all hearings conducted under this
8. Place a notice on all “dangerous buildings” reading as follows:

“This building has been found to be a dangerous building by the Building Inspector. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagee or agent of this building and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of the County. It is unlawful to remove this notice until such notice is complied with.”

 

 

Section 505.060. Building Commissioner. [CC 1978 §41.060]

The Mayor shall act as Building Commissioner under this Chapter.

 

 

Section 505.070. Building Commissioner Duties. [CC 1978 §41.070]

1. The Mayor (Building Commissioner) shall:
   1. Upon receipt of a report in writing of a Building Inspector as provided for in Section 050(6), give written notice 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 to appear before him/her on the date specified in the notice to show cause why the building or structure reported to be a “dangerous building” should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Building Inspectors’ notice provided for herein in Section 505.050(4).
   2. Hold a hearing and hear such testimony as the Building Inspector or the owner, occupant, mortgagee, lessee or any other person having an interest in said building as shown by the land records of the County shall offer relative to the “dangerous building”.
   3. Make written findings of fact from the testimony offered pursuant to Subsection

(2) as to whether or not the building in question is a “dangerous building” within the terms of Section 505.010.

4. Issue an order based upon findings of fact made pursuant to Subsection (3) commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the County, to repair, vacate or demolish any building found to be a “dangerous building” within the terms of this ordinance and provided that any person so notified shall have the

 

Section 505.070      DEMOLITION OF SUBSTANDARD BUILDINGS       Section 505.090

 

privilege of either vacating or repairing said dangerous building; or any person not the owner of said dangerous building but having an interest in said building as shown by the land records of the County may demolish said dangerous building at his/her own risk to prevent the acquiring of a lien against the land upon which said “dangerous building” stands by the City, as provided in Subsection (5) hereof.

5. If the owner, occupant, mortgagee or lessee fails to comply with the order provided for in Subsection (4) hereof within thirty (30) days, the Mayor, (Building Commissioner) shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant under the standards hereinbefore provided for in Section 020 and shall with the assistance of the city attorney cause the costs of such repair, vacation, or demolition to be charged against the land on which the building existed as a municipal lien or cause such costs to be added to the tax duplicate as an assessment; or to be levied as a special tax against the land upon which the building stands or did stand or to be recovered in a suit at law against the owner; provided that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, safety or general welfare of the people of this City, the Mayor shall notify the City Attorney to take legal action to force the owner to make all necessary repairs or demolish the building.
6. Report to the City Attorney the names of all persons not complying with the order provided for in Section 070(4) hereof.
7. At the request of the taxpayer, the special tax bill provided for by Section 070(5) may be paid in installments over a period of not more than ten (10) years; said assessment shall bear interest at the rate of eight percent (8%) per annum until paid.

 

 

Section 505.080. Appeal To Circuit Court. [CC 1978 §41.080]

Any owner, occupant, lessee, mortgagee, agent or any other person having an interest in a “dangerous building” as shown by the land records of the Recorder of Deeds of the county may, within thirty (30) days from the receipt of the order of the Mayor, (Building Commissioner) provided for by Section 505.070(4) of this Code, appeal such decision to the Circuit Court of the County wherein the land is located, pursuant to the procedure established in Chapter 536, RSMo.

 

 

Section 505.090. Emergency Cases. [CC 1978 §41.090]

In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a dangerous building as defined in Section 505.010 is immediately repaired, vacated, or demolished, the Building Inspector shall report such facts to the Mayor, (Building Commissioner) and the Mayor, (Building Commissioner) shall cause the immediate repair, vacation,  or demolition  of such dangerous building. The costs of such emergency repair,

 

Section 505.090                            THAYER CITY CODE                             Section 505.120

 

vacation or demolition of such building shall be collected in the same manner as provided in Section 505.070(5).

 

 

Section 505.100.  Owner Absent From The City. [CC 1978 §41.100)

In cases, except emergency cases, where the owner, occupant, lessee or mortgagee is absent from the City all notices or orders provided for herein shall be sent by registered mail to the owner, occupant, mortgagee, lessee and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of the County to the last known address of each and a copy of such notice shall be posted in a conspicuous place on the “dangerous building” to which it relates. Such mailing and posting shall be deemed adequate service.

 

 

Section 505.110.  Liability  For Wrongful Action. [CC 1978 §41.110)

In the event any building or structure is wrongfully demolished by this City or is demolished without adhering to the procedures provided in this Chapter, the City shall be liable for damages as determined by a court of law in a suit brought by the party so damaged.

 

 

Section 505.120. Insurance Proceeds – How Handled.

1. 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, the following procedure is established for the payment of up to twenty-five percent (25%) of the insurance proceeds as set forth in this This Subsection shall apply only to a covered claim payment that is in excess of fifty percent (50%) of the face value of the policy covering a building or other structure:
   1. The insurer shall withhold from the covered claim payment up to twenty-five percent (25%) of the covered claim payment and shall pay such monies to the City to deposit into an interest-bearing Any named mortgagee on the insurance policy shall maintain priority over any obligation under this Chapter.
   2. The City shall release the proceeds and any interest that has accrued on such proceeds received under Subdivision (1) of this Subsection to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after receipt of such insurance monies, unless the City has instituted legal proceedings under the provisions of Subsection (5) of Section 070. If the City has proceeded under the provisions of Subsection (5) of Section 505.070, all monies in excess of that necessary to comply with the provisions of Subsection (5) of Section

505.070 for the removal, securing, repair and clean up of the building or structure and the lot on which it is located, less salvage value, shall be paid to the insured.

1. If there are no proceeds of any insurance policy as set forth in Subsection (A) of this Section, at the request of the taxpayer the tax bill may be paid in installments over a

 

Section 505.120        DEMOLITION  OF SUBSTANDARD BUILDINGS         Section 505.120

 

period of not more than ten (10) years. The tax bill from the date of its issuance shall be a lien on the property and a personal debt against the property owner(s) until paid.

1. This Section shall apply to fire, explosion or other casualty loss claims arising on all buildings and
2. This Section does not make the City a party to any insurance contract, and the insurer is not liable to any party for any amount in excess of the proceeds otherwise payable under its insurance policy.
3. The Building Commissioner may certify that in lieu of payment of all or part of the covered claim payment under Subsection (A) 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 Building Commissioner 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) 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 for in this Subsection.

For a Complete Look at All the Latest News Click Link Below

https://www.ecommnewsnetwork.com/category/news-daypop/