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AN ORDINANCE DEFINING DANGEROUS AND UNSAFE STRUCTURES,
AND PROVIDING FOR THE REPAIR, VACATION OR DEMOLITION THEREOF
Be It Ordained By The Board Of Aldermen Of The City Of Browning, Missouri, As Follows:
SECTION I.
A. All buildings or structures which now or may hereafter exist within the City which have any or all of the following defects shall be deemed "Dangerous and Unsafe Structures", to-wit:
1. Those whose interior walls or other vertical structural members lift, 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 base.
2. Those which, exclusive of the foundation, show thirty-three (33) per cent or more of damage or deterioration of the supporting member, or members, or fifty (50) per cent of damage or deterioration of the non-supporting enclosing or outside walls or covering
3. Those which have improperly distributed loads upon the floors or roofs, or in which the same are over-loaded or which have insufficient strength to be reasonably safe for the purpose used.
4. Those which have been damaged by fire, wind or other causes so as to become dangerous to life, safety, or the general health and welfare of the occupants or the people of the city.
5. Those which are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness, or disease, so as to work injury to the health, safety or welfare of those occupying such building, those upon the premises, or those in proximity thereto.
6. Those having light, air and sanitation facilities which are inade- quate to protect the health, safety or general welfare of human beings who live or may live therein.
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 communication.
8. Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
9. Those which because of their condition are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of this city.
SECTION II.
A. All "Dangerous and Unsafe Structures", within the terms of this Ordi-nance, are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as provided herein.
SECTION III.
A. The following standards shall be followed in substance by the Board of Aldermen in ordering repair, vacation or demolition of any "Dangerous and Unsafe Structure".
1. If the "Dangerous and Unsafe Structure" can reasonably be repaired so that it will no longer exist in violation of the terms of this Ordinance, it shall be ordered repaired.
2. If the "Dangerous and Unsafe Structure" is in such condition as to make it dangerous to the health, safety or general welfare of its occupants, those on the premises, or those in proximity thereto, it shall be ordered vacated and ordered repaired.
3. In all cases where a structure cannot be repaired so that it will no longer exist in violation of the terms of this Ordinance, it shall be ordered demolished and removed.
4. In all cases where a "Dangerous and Unsafe Structure" is a fire hazard existing or erected in violation of this Ordinance, or any other Ordinance of this City or statute of this State, it shall be ordered repaired or demolished.
SECTION IV.
A. The Board of Aldermen shall have the right and duty, if reasonable cause exists to believe a structure to be dangerous and unsafe, to cause the same to be inspected. If, upon such inspection, said structure is found to be dangerous and unsafe within the terms and meaning of this Ordinance, the Board of Aldermen shall notify the record owner, the occupant or occupants,
if any, the person or persons having possession thereof, and those having an interest therein as shown by the public records, in writing, either by personal service or by certified mail, return receipt requested, or if service cannot be had by either of these modes, then service may be had by publication in a newspaper qualified to publish legal notices for two (2) successive weeks.
B. The notice required shall state the following:
1. The owner, occupant or possessor must vacate, repair, vacate and repair, or vacate and demolish such structure in accordance with the terms of the notice and this Ordinance.
2. The occupant or occupants, or person or persons in possession thereof, must vacate said structure or have it repaired in accordance with the terms of the notice and this Ordinance: provided, that any person notified under this subSECTION to repair, vacate or demolish any structure shall be given such reasonable time, not exceeding thirty (30) days, to commence the required work unless in the judgment of the Board of Aldermen it is determined a greater time is required.
C. The notice provided for in this SECTION shall state the description of the structure found to be dangerous and unsafe, a statement of the particulars which render the structure dangerous and unsafe, and a statement of the time
within which the work ordered shall commence and shall be completed, unless thereafter extended by the Board of Aldermen, for good cause shown.
D. If the owner, occupant or person having possession of or interest in a structure found and determined to be dangerous and unsafe, within ten (10) days of the receipt of such notice, shall request, the Board of Alderman shall conduct a
public hearing on the issue at which the owner, occupant, possessor of, or person having an interest in, such structure may show cause, if any exists, why such structure should not be repaired, vacated or demolished in accordance with the notice and the terms of this Ordinance. Written notice of such hearing shall be given the owner, occupant or occupants, if any, the person or persons
having possession of such structure, and the persons having an interest therein as shown by the public records, either by personal service or certified mail, return receipt requested, or if service cannot be had by either of these modes, then service may be had by publication in a newspaper qualified to publish legal notices for two (2) successive weeks. At such hearing, the Board of Alderman
shall hear testimony of the owner, occupant or occupants, if any, person or persons having possession of such structure, or persons having an interest therein, together with any other witnesses deemed by the Board of Aldermen to have relevant knowledge or information concerning the condition of such structure.
E. Upon completion of the foregoing hearing, the Board of Aldermen shall make written findings of fact from the evidence offered as to whether or not the structure is a "Dangerous and Unsafe Structure" within the meaning and terms of this Ordinance. If the findings, based on competent and substantial evidence, are that the structure is a "Dangerous and Unsafe Structure", the Board of Alder-
men shall issue its order based on its findings of fact commanding the owner, occupant and person having possession of said structure to vacate, repair or demolish and remove the same as herein provided. If the evidence does not support a finding that such structure is a "Dangerous and Unsafe Structure", no order shall be issued.
SECTION V.
A. If the owner, occupant or person having possession fails to comply with the notice to repair, vacate or demolish provided in SECTION IV. A. hereof, or if a hearing is timely requested, fails to comply with the order provided for in Section IV. E. hereof, within thirty (30) days of such notice or order, as the case may be, the Board of Aldermen may cause such structure to be repaired, vacated or demolished and removed, as the facts may warrant, and the cost thereof to the City shall be certified as a special assessment represented by a special tax bill against the property affected; said tax bill shall be a lien upon said property and
be enforced to the same extent and in the same manner as all other special tax bills.
SECTION VI.
A. Any owner, occupant or possessor of a "Dangerous and Unsafe Structure", or person having an interest therein as shown by the land records, may, within thirty (30) days from the date of an order to repair, vacate or demolish issued after timely request for hearing as provided in SECTION IV. E. hereof, appeal such decision to the Circuit Court of appropriate jurisdiction, pursuant to the
applicable rules and laws provided.
SECTION VII.
A. In cases where it reasonably appears that there is immediate danger to the life, health or safety of any person unless a "Dangerous and Unsafe Structure", as defined herein, is immediately repaired, vacated or demolished, the Board of Aldermen may cause the immediate repair, vacation or demolition thereof. The facts constituting such emergency shall be set forth in the notice to be provided
pursuant to Article IV. A. hereof. The cost of such emergency repair, vacation or demolition shall be collected in the same manner as provided in SECTION V. hereof.
SECTION VIII.
A. Any owner, occupant or possessor of any "Dangerous and Unsafe Structure" who fails to comply with the notice or order to repair, vacate or demolish shall be deemed guilty of a misdemeanor and shall be fined not exceeding $________ for each day of such failure.
SECTION IX.
A. This Ordinance shall be in full force and effect from and after its passage. Read three times and passed by the Board of Aldermen of the City of Browning, Missouri, this 8th day of July , 1987.
CITY OF BROWNING
Roy J. Moore * Mayor ATTEST: Nancy Smith * City Clerk
CERTIFICATE
I, the undersigned Clerk of the City of Browning, Missouri, certify that the above and foregoing is a true and correct copy of Ordinance No. 186 of said City of Browning, Missouri, as the same appears of record in my office and as it was adopted and approved by the Board of Aldermen of the City of Browning.
* signatures