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HomeMy WebLinkAbout1990-69 - Procedure for Vacation and Mandatory Demolition of BuildingsBILL N0. `~,'' - ~ ~ ORDINANCE N0. ',~r~ -~ r~ AN ORDINANCE PROVIDING THE PROCEDURE FOR THE VACATION AND THE MANDATORY DEMOLITION OF P,UILD:CNGS AND STRUCTURES OR MANDATORY REPAIR AND MAINTENANCE OF BUILDINGS OR STRUCTURES WITHIN THE CORPORATE LIiKITS OF THE CITY OF RIVERSIDE, MISSOURI. BE IT ORDAINEll BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SEC'T'ION 1. One new section of the Riverside City Code is hereby enacted, to be known as Section 14.18A of the Riverside City Code, and to read a.s follows: "Section 1. If the abatement of a nuisance requires the vacation and mandatory demolition of a building or structure or the mandatory repair and maintenance of a building or structure within the corporate limits of the City of Riverside, then the procedure set forth in this section shall be followed. Section 2. The Director of Public Safety, or the Director's duly authorized representatives, shall serve notice of the declaration of nuisance, which notice shall specify that the property is to be vacated, reconditioned or removed, and listing a time for commencement. Such notice shall be served either by personal service or by certified mail, return receipt requested, but if service cannot be had by either of these modes of service, then service may be had by publication. The owner, occupant, lessee, mortgagee, agent, and all other persons having an interest in the building or structure shown by the land records of the Recorder of Deeds of Platte County, Missouri shall be made parties. Section 3. Upon failure of any persons served with notice of the declaration of nuisance to commence work of reconditioning or demolition within the time specified in the notice, or upon failure to proceed continuously with the work without unnecessary delay, the Board of Aldermen or its duly authorized delegate shall call a hearing upon the matter, givina the affected parties at least twenty one (21) days written notice of the hearing. Any party may be represented by counsel, and all parties shall have an opportunity to be heard. After hearing, if the evidence supports a finding that the building or structure is a nuisance or detrimental to the health, safety, or welfare 2 of the residents of the City, the Board of Aldermen or its duly authorized delegate shall issue an order making specific findings of fact, based upon 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 and ordering the building or structure to be demolished and removed, or repaired. If the evidence does not support a finding that the building or structure is a nuisance or detrimental to the health, safety, or welfare of the residents of the City, no order shall be issued. Section 4. If the Board of Aldermen or its duly authorized delegate issues an order whereby the building or structure is demolished, secured or repaired by the City, the cost of performance shall be certified to the City Clerk or officer in charge of finance who shall cause a special tax bill or assessment therefor against the property to be prepared and collected by the City Collector or other official collecting taxes. Except as provided in subsection 5 of this section, at the request of the taxpayer the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from the date of its issuanr_e shall be deemed a personal debt against the property owner and shall also be a lien on the property until paid. Section 5. 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 subject to this section in which damage or loss is caused by or arising out of any fire, explosion or other casualty loss, up to ten percent (l00) of the insurance proceeds shall be set aside for the payment of those amounts set forth in the preceding subsection, as set forth in subdivisions (A) and (B) of this subsection. This section shall apply only to a covered claim payment which is in excess of fifty percent (500) of the face value of the policy covering a building or other structure: A. The insurer shall withhold from the covered claim payment up to ten percent (10%) of the covered claim payment, and shall pay such monies 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. The City shall give the insurer notice of its claim by certified mail, return receipt requested. 3 B. The City shall release the proceeds and any interest which has accrued on such proceeds received under subdivision (A) 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 4 of this section. If the City has proceeded under the provisions of subsection 4 of this section, all monies in excess of that necessary to comply with the provisions of subsection 4 of this section for the removal of the building or structure, less salvage value, shall be paid to the insured. Section 6. If there are no proceeds of any insurance policy as set forth in subsection 5 of this section, at the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from the date of its issuance shall be a lien on the property until paid in full. Section 7. Subsection 5 of this section shall apply to fire, explosion, or other casualty loss claims arising on all buildings and structures. Section 8. The City shall not be deemed 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 by virtue of this ordinance. Section 9. Proceedings under this ordinance, including the assessment of any special tax bill or the filing of any suit to collect such tax bill, shall not render any person imrnune from prosecution for creating or maintain a nuisance." SECTION 2. The City Clerk is hereby directed to make the appropriate changes to the City Code. PASSED THIS ~~ ~(v DAY OF %!,:~~`~L/;+t_~L~,-" ~ 1990. / ~- MAYOR AT~'iEST: ~~ /~, fj CI'I'Y CLERK i APPROVED THIS L>' ,{~t~ DAY OF ,_~-,-"~~t-~c-f~-r--c , 1990. ~ ! _ MAYOR