HomeMy WebLinkAbout2001-035 - Amendment to Chapter 515 of the Municipal CodeBILL NO. ='~ ~~ ~ -%.
ORDINANCE NO.o~~~~.1
AN ORDINANCE TO AMEND THE DANGEROUS BUILDING CODE, CHAPTER ~ 15 OF THE
CODE OF ORDINANCES FOR TIIE CITY OF RIVERSIDE, MISSOURI, BY DELETING THE
CURRENT PROVISIONS REGARDING DANGEROUS BUILDINGS AND REPLACING THEM
WITH NEW PROVISIONS REGARDING DEFINED AND DECLARED PUBLIC NUISANCE.
STANDARDS FOR REPAIR. CLEAN UP, VACATION OR DEMOLI"LION, INSPECTOR
DUTIES. NOTICES. SERVING NOTICES OR ORDERS. RECORDING OF STATEMENT OF
VIOLATION, DISREGARDING NOTICES OR ORDF.,RS -1IEARINGS, ORDER "f0 REPAIR.
VACATE, OR DEMOLISH, PAYMENT OF COS"f S. FAILURE TO COMPLY. INSURANCE,
EMERGENCIES. REPRESENTATIVES. AND OTHER MATTERS.
WHEREAS, the Board of Aldermen ofthe City of Riverside, Missouri desires to implement
chances and modifications to its Dangerous Building Code in order to bring such Code into complete
compliance with the provisions of Section 67.400. et seq.. of the Missouri Revised Statutes, as
amended; and
WHEREAS, the Board ofAldeni7en ofthe City ofRiverside, Missouri desires to implement
a Dangerous Building Code and related program which allows it to better protect the public safety,
health and welfare; and
WHEREAS, the Board of Aldern~en desires to amend the Dangerous Building Code to foster
beautification of the Citv;
NOW THEREFORE, be it ordained by the Board of Aldermen of Riverside. Missouri:
Sectior. 1. Chapter ~ 15 of the Municipal Code of the Cite of Riverside. Missouri_ is repealed
in its entirety and replaced by those provisions delineated in Section 2 below.
Section 2. Chapter ~ 15 of the Municipal Code of the Cit}~ ofRiverside. Missouri shall read
as follows:
SECTION 51.5.010: DANGEROUS BUILDINGS DEFINED
The following conditions with respect to any building or structure have been
determined to be detrimental to the health. safety and welfare of the residents of the Cin_-
of Riverside, and therefore constitutes a dangerous building being a public nuisance:
Those whose exterior or 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 of anv such wall or vertical structural members falls
outside of the middle third of its base, or to the same extent using any
equivalent measure such as a level;
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 (~0%) of damage or deterioration of the non-supporting
enclosin~~ or outside walls or covering.
3. Whenever the stress in an.' materials. member or portion thereof, due to all
dead and live loads, is more than one and one half times the working stress
or stresses allowed in the Building Code for new buildings of similar
structure. purpose or location.
4. Those which have improperly distributed loads upon the floors, roofs, or
other horizontal structural members, or in which the same are overloaded.
or which have insufficient strength or deflections to be reasonably safe for
the purpose used or intended to be used.
5. R'henever any portion thereof has wracked, warped, bucked or settled to
such an estent that walls or other structural portions have materially less
resistance to winds or earthquakes than is required in the case of similar
new construction.
6. Those or any portion thereof which, because of (i) dilapidation,
deterioration or decay; (ii) faulty construction: (iii) the removal, mo~~ement
or instability of any portion of the ground necessary for the purpose of
supporting such building; (iv) the deterioration, decay or inadequacy of its
foundation; or (v) any other cause, is likely to partially or completely
collapse.
7. Those ~~°hich have been damaged by f ire, wind, flood, vandals or any other
causes so as to have become dangerous to life, safety, or the general health
and welfare of the occupants or the people of the Citv.
8. Those which are uninhabited and are open at door. window. wall or roof.
9. Those which are manifestly unsafe for the purpose for ~~hich it is being
used.
10. Those under construction upon which no current building permit is held and
no substantial work shall have been performed for the immediately
preceding thirty (~0) days nest to the time that a notice has been issued
under Section ~ 15.0}0.
11. Those in the process of demolition upon which no current demolition
permit is held and no substantial work shall have been performed for the
immediately preceding fourteen (14) days or those which have any portion
of a building or structure remaining on a site after the demolition or
destruction of the building or structure or whenever an}' building or
structure is abandoned for a period in escess of sis months so as to
constitute such building or portion thereof an attractive nuisance or hazard
to the public.
12. Those containing therein substantial accumulations of trash, garbage or
other materials susceptible to fire. or constituting or proving a harboring
place for vermin or other obnoxious animals or insects or in any way
threatening the health of the occupants thereof or the health of persons in
the vicinity thereof.
13. Those which are used or intended to be used for dwelling purposes. because
of inadequate maintenance, dilapidation, decay, damage, faulty construction
or arrangement, inadequate light. air or sanitation facilities, or otherwise. is
determined by the health officer to be unsanitary, unfit for human habitation
or in such a condition that is likely to cause sickness or disease.
14. Those having inadequate or unsafe facilities for egress in case of fire or
panic.
15. Whenever any door, aisle, passageway, stairway or other means of exit is
not of sufficient width or size or is not so arranged as to provide safe and
adequate means of exit in case of fire or panic.
16. Whenever the walking surface of any aisle, passageway. stairway or other
means of exit is so warped. worn, loose, torn or otherwise unsafe as to not
provide safe and adequate means of exit in case of fire or panic.
17. Those which have a part or parts thereof v`hich are so attached or
deteriorated that the}' may fall upon public ways or upon the property of
others or may injure members of the public or the occupants thereof, or that
are not of sufficient strength or stability or are not anchored. attached or
fastened in place so as to be capable of safely resisting wind pressure, snow
or other loads.
18. Those buildings built or maintained in violation ofany applicable provision
of the Building Code. Electrical Code, Plumbing Code. Mechanical Code,
Minimum Housine Standards Code, or the Fire Prevention Code of the
City, or used in violation thereof.
19. Those vv~hich, ~~°hether or not erected in accordance with all applicable laws
and ordinances, has in any nonsupporting part, member or portion less than
50 percent (~0%). or in any supporting part, member or portion less than 66
percent (66%) of the (i) strength, (ii) fire-resisting qualities or
characteristics, or (iii) ticather-resisting qualities or characteristics required
by law in the case of a ne~~~l}' constructed building of like area, hei~~ht and
occupancy in the same location.
20. Those buildings in which the electrical, plumbing, mechanical or other
systems are totally or partially damaged, destroyed. removed or otherwise
made inoperable, unsafe or unsanitary.
21. Those buildings or any portion thereof that, because of obsolescence,
dilapidated condition, deterioration or damage, inadequate maintenance,
faulty construction or arrangement, or any other causes, constitute (i) a
blighting influence upon the neighborhood or an eyesore 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; (ii) a fire hazard under the
Fire Prevention Code of the City; or (iii) a public nuisance known to the
common law or in equity jurisprudence.
SECTION 515.020: STANDARDS FOR REPAIR, CLEAN UP, VACATION
AND/OR DEMOLITION
The following shall be followed in substance by the Building Inspector and the City
Manager or his representative in orderin~~ repair, clean up and maintenance, ~~acation and/or
demolition of any dangerous building:
If the dangerous building can reasonably be repaired or maintained so that
it will no longer exist in violation of the terms of this Chapter, it shall be
ordered so repaired and/or cleaned up and maintained and such repair
and/or clean up and maintenance shall be performed in full compliance with
all requirements of the Code.
2. 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 nuisance.
3. 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 this Chapter, the dangerous building shall
be ordered repaired or demolished and such repair or demolition shall be
performed in full compliance with all requirements of the Code, and in the
event it is not repaired or demolished by the owner, then the City may abate
the nuisance by demolition.
4. In any case where the conditions constituting the public nuisance are such
that the costs to repair and/or clean up and maintain the dangerous building.
so that it will no longer constitute a public nuisance, equal or exceed fifty
percent (~0%) of the value of the dangerous building, it shall be ordered
demolished (or, in extenuating circumstances. repaired) and such repair or
demolition shall be performed in full compliance with all requirements of
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the Code, and in the event it is not repaired or demolished by the owner,
then the City shall abate the nuisance by demolition.
5. Any dangerous building constituting a public nuisance because of the
conditions described in Subsection 1, 2, 4, or 7 of Section 511.010 of this
Chapter shall be ordered to be completed in full compliance tiith 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 all
requirements of the Code, then the City shall abate the nuisance by
demolition.
6. Any dangerous building constituting a public nuisance because of the
conditions described in Subsection 1 1 of Section X11.010 of this Chapter
shall be ordered demolished and such demolition shall be performed in full
compliance with all requirements of the Code.
SECTION 515.030: DUTIES OF CODES ENFORCEMENT OFFICER
The Codes Enforcement Officer:
May inspect or cause to be inspected annually, or as deemed necessary, all public
buildings, schools, halls, churches. theaters_ hotels. tenements, commercial,
manufacturing, or loft buildings for the purpose of determining whether any
conditions exist as set forth in Section ~ 11.010.
2. 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 511.010.
3. Shall inspect any building or structure reported b}~ the Public Safety Department of
the City when that Department has reason to believe that the building or structure has
any of the conditions set forth in Section ~ 15.010.
4. Shall inspect any building or structure of the Cit_v at any time whenever there is
reason to believe that the building or structure has a condition described in Section
511.010.
5. Shall determine in any case where inspection shows that a building or structure has
any of the conditions referred to in Section 115.010, whether or not it reasonably
appears there is immediate danger to the health, safety, or welfare of any person
because of such condition. and if it does so reasonably appear, to immediately notify
the City Administrator or his representative thereof. Should the City Administrator
or his representative concur in the finding of the Codes Enforcement Officer that
there is immediate danger as aforesaid, the Codes Enforcement Officer shall
immediately post upon the building or structure a notice reading as follows:
"This building has been found to be a public nuisance b}' the City
Administrator of the City of Riverside. 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 ofthe City of Riverside. It is unlawful to remove
this notice until such compliance has occurred."
6. Shall report to the City Administrator or his representative, an}'non-compliance with
the notice provided for in this Chapter ~I ~.
7. Nothing contained in this Subsection shall be construed to deprive any person
entitled thereto b.' this Chapter of the notice and hearings prescribed herein.
SECTION 515.040: NOTICES
Whenever the Codes Enforcement Officer or other dul} authorized representative of the City-
has determined that any building or structure is a public nuisance under the provision of this Chapter,
the Codes Enforcement Officer shall, as soon as possible thereafter, notify the o~~~ner. 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 for the appropriate County that such building or
structure has been found to be a public nuisance under the prop°isions of this Chapter. The notice
shall set forth a description of the conditions found in the building or structure as a public nuisance
under Section ~ l x.010 of this Chapter. The notice shall also provide for abatement of the public
nuisance b}' (1) ordering the building or structure to be vacated, repaired. cleaned up and maintained
and/or demolished and: (2) specifying a time for commencement of the work which commencement
shall include the scheduling of an acceptable plan of action for such work: and (3) requiring the «~ork
to proceed continuously without necessar}~ delay to completion in strict compliance with the plan
of action approved b~~ the Codes Enforcement Officer.
SECTION 515.050: SERVING NOTICES OR ORllERS; NOTICE BY POSTING ANll
PUBLICATION
Whenever under Chapter 51 ~ a notice is required to be screed 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 shovt~n b.' the land
records of the Recorder of Deeds for the appropriate County, and shall be signed by the person who
has the responsibility to issue the notice. The notice shall be served, if the pam~ or parties to be
served reside in the Cite. by handing the notice to the person to be served by anyone competent to
be a witness 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 ale of fifteen (1 ~) years. If the person to be served shall 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 herein provided for and if his address shall be known. then service shall
be made by posting a copy of such notice in a conspicuous place on the building or structure to
which it relates and by certified mail, return receipt requested; but if his address shall not be known,
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the service of notice shall be by posting and by publication. The publication shall contain the full
test of the notice and shall be published at least once a week for three (3) consecutive weeks on the
same day of the week in some newspaper of general circulation published in the appropriate County,
and the time specified in the notice for a hearing to be held, or for the commencement of work or for
any other thing to be done shall be at ]east thirt}' (30) days from the date of the first publication of
notice.
SECTION 515.060: RECORDING OF STATEMENT OF VIOLATION
A. Whenever the Codes Enforcement Officer or other duly authorized
representative of the City has determined that any building or structure is a public nuisance
under the provisions of this Chapter. and upon issuance of the notice thereof to all persons
having an interest in the property pursuant to Section 515.040, the Cit} Administrator or his
representative shall prepare a "Statement of Violation of Chapter ~ I S' and cause the same
to be filed and recorded in the office of the Recorder of Deeds or Director of Records of the
county wherein the property is located. Such statement shall set forth the address and legal
description of the property upon which the dangerous building is located and a statement that
such building is dangerous v,~ithin the provisions of Chapter ~ 1 ~, and that the owner thereof
has been given proper notice and ordered to complti° with the requirements of Chapter ~ 1 ~.
B. The recording of such statement steal l place persons purchasing such property
subsequent to the date of such recording on notice that such property has been declared a
dangerous building. 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.
C. Upon application and after verification that the owner of the property has
complied with the requirements of this Chapter by vacating, repairing or demolishing the
dangerous building or structure, the City Administrator or his representative shall issue to
the owner of the property- a "Release of Statement of Violation of Chapter ~ 1 S' which is in
such form that it may be filed with and recorded by the office of the Recorder of Deeds or
Director of Records of the county wherein the property is located stating that the dangerous
condition has been abated.
SECTION 515.070: DISREGARDING NOTICES OR ORDERS -HEARINGS
A. Whenever there shall be a failure to obey a notice to abate a public nuisance
issued as provided in Section ~ 1 x.040 by not commencing work in the time specified in said
notice, or there shall be a failure to proceed continuously with the ~i~ork required therein
without unnecessary delay, the City Administrator or his representative shall call and have
a full and adequate hearing upon the matter giving all interested parties as described above
at represented by counsel. and all parries shall have an opportunity to be heard and present
such evidence as shall be rele~'ant to a determination of:
Whether or not the buildin<~ or structure involved is a public nuisance under the terms
of this Chapter;
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2. Whether the procedure required by the Chapter shall have been substantially
follo~~•ed: and
3. Whether or not the abatement order was reasonable and within the standards of this
Chapter.
I3. All testimony shall be under oath, ~~hich ma}' be administered by the City
Administrator or his representative, and a written record of the hearing shall be made b} a
reporter to be employed b}~ the City. the cost of which shall be paid by the City should the
proceeding be eventuall~~ held against the City and by the owner if it should not. In the latter
case the cost of such reporting shall be a lien upon the ]ot. tract. or parcel of land upon ~~hich
the building or structure stands, and shall be added to the cost of performance for demolition
or repair in the event the Cit}~ shall be required to do so. and shall be payable as provided in
Section ~I x.100 for such costs.
SECTION X15.080: FINDINGS OF HEARING
Within thirty (30) davs from the date of the hearing required by Section ~ 1 x.070. the City
Administrator or his representative shall, upon the basis of competent and substantial evidence
offered at the hearing, make a finding of fact as to w~hcthcr or not the building or structure in
question is a public nuisance under the terms of Chapter ~ 1 ~ 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 such building or structure which constitute the nuisance. if it is found that the building
or structure is a public nuisance. further findings shall be made as to whether or not the procedures
required by this Chapter have been substantially met and complied with, and whether or not the
abatement order of the Codes Enforcement Officer or other duly authorized representative to abate
the nuisance was reasonable in its terms and conditions and within the standards of this Chapter.
If it is found that the abatement order was not reasonable or within the standards of this Chapter, it
shall be the duty of the City Administrator or his representative to make findings of fact as to ~~-hat
is reasonably required to abate the public nuisance within the standards of this Chapter. If the City
Administrator or his representative finds that a public nuisance does not exist or that the procedures
of this Chapter have not been substantial]}' met and complied with, the proceedings against the
building or structure shall be dismissed.
SECTION 515.090: ORDER TO REPAIR, CLEAN IIP, V ACATE AND/OR DEMOLISH
A. If a proceeding is not dismissed follo~~°ing the findings required by Section
~ 1 ~.OSO. the Cit}' Administrator or his representative shall issue an order directing the
building or structure to be completed. repaired, or demolished and vacated as the case ma}~
be, within the standards of this Chapter. This order, together with the findings of fact
required by Section 51 x.080, shall be in ~~ riling and shall be immediatel}' delivered or mailed
to each part}' 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 office of the City Administrator or his representative for a period
of thim~ (30) days from the date of issuance thereof. The order shall state a reasonable time
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which shall not be less than thirty (30) days from the date of issuance ~ ithin which to
comply with the order. and shall further provide that if it is not complied with within such
time, the City Administrator or his representative shall cause the work to be done by' the City
and its own crew or by contractors emplo}~ed by the City for that purpose.
B. Ifthere shall be no contractor emplo}~ed b}' the City for that purpose. the Cite
Administrator or his representative is hereby authorized to enter into contracts not to exceed
five thousand dollars ($5,000.00) 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 five thousand
dollars ($5,000.00), must be approved by the F3oard of Aldermen.
C. Certificate of Dangerous Building:
(1) After a building has been determined to be a dangerous building by~ the City
Administrator. a "Certificate of Existence of Dangerous Building" will be
filed and recorded in the office of the Recorder of Deeds or Director of
Records of the County wherein the land is located. Such certificate shall set
forth the address and description of the premises upon which such dangerous
building is located, and a certification that such building thereon is dangerous
within the provisions of Chapter ~ 15, 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 City Administrator.
(2) The recording of a "Certif cate of Existence of Dangerous Building" shall
place persons purchasing such property subsequent to such recording on
notice that such propem-has been declared a dangerous building and ordered
repaired or demolished. The act of subsequent purchase shall not delav the
processing or cause a delay in such matter and shall not be an exception to
the time requirements of the notices prop°ided herein.
(3) Upon application and after verification that the order of the City
Administrator to ~°acate. repair or demolish a dangerous building has been
complied with, the Cit}' Administrator shall issue to the o~~ner a "Release of
Certificate of Existence of Dangerous Building" which is in such form that
it ma}~ be filed with and recorded by the office of the Recorder of Deeds or
Director of Records of the county in ~~hich the land is located stating that the
dangerous condition has been abated
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SECTION 515.100: 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 such contractor files a mechanic's lien
against the property where the dangerous building is located, whenever the City shall have
caused the work to he done as provided by Section ~ 15.090, the City Administrator or his
representati~'e shall certify the costs of the work to the Finance Director ~~ho shall cause a
special tax bill therefor and for the costs associated with the processing of the order to
include publication, court reporter, certified mail, and the Inspector's time which shall be
likewise certified by the City Administrator or his representative, to beissued 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 persona] 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 Director of Finance of the City. The tax bill shall be collected b.-the City
Collector or other official collectine taxes.
B. If there are no proceeds of any insurance policy as set forth in Section
515.120, at the written request of the taxpayer delivered to the City Clerk of the Cit_v, a tax
bill for repair or demolition of a building or structure may be paid in ten (] 0) equal annual
installments, which installments with interest thereon to date on the unpaid balance shall be
due annually on the anniversary of the date of issuance of the bill. Interest shall be paid at
the maximum rate per annum allowable by law on the unpaid balance of the special
assessment computed from the date of issuance. If any annual payment of principal or
interest shall not be paid within thim~ (30) days of its due date the entire remaining balance
of the tax bill shall immediately become due and payable.
C. If request for ten (I 0) annual payments is not made prior to the time the Cit}
Administrator or his representative shall certify the cost of the work to the City Clerk or
Finance Director, the tax bill shall be payable in sixty (60j days from its date of issuance
with interest thereon at the maximum rate per annum allowable by law.
D. Tax bills issued under Section ~ 15.100 shall be prima facie evidence of the
validity of the bill, the doing of the work and the liabilit~~ 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 Counselor on behalf of the Cite. .fudgment in any such
suit shall be special and against the propert~~ owner and against the property and shall be
satisfied by sale of the property or so much thereof as is necessary to satisfi° the judgment
and the costs of the sale or by any other means available under law or equity.
SECTION 515.110: FAILURE TO COMPLY
A. Any owner of a dangerous building who shall fail to comply with an order of
the City Administrator to vacate, repair or demolish said building or who fails 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 100.080 of this Code.
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B. The party in actual or constructive possession. or one who has a legal duty to
act for a party. who fails to comply ~~~ith an order of the Cin' Administrator to vacate, repair
or demolish a dangerous building shall be guilty of a misdemeanor and upon conviction shall
be punished as set forth in Section 100.080 of this Code.
C. Any person failing to immediately vacate a building upon the verbal or
written order of the City Administrator in cases of emergency pursuant to Section 51 x.030(5)
or Section ~ 15.140 shall be guilty of a misdemeanor and upon conviction shall be punished
as set forth in Section 100.080 of this Code.
D. An}' person who hinders, threatens or interferes w°ith 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 pursuant to this Chapter or
otherwise ~°iolates any of the provisions of this Chapter shall be guilty of a misdemeanor and
upon conviction shall be punished as set forth in Section 100.180 of this Code.
E. In no event shall the fine resulting from a conviction for violation of this
Chapter, as described in Paragraphs A. B, C or D of this Subsection, exceed one thousand
dollars ($],000.00), unless the owner of the property is not also a resident of the property.
then such fine may not exceed two thousand dollars ($2.000.00).
SECTION 515.120: INSURANCE PROCEEDS FROM DAMAGE OR LOSS
A. If there are proceeds of any insurance polic}' 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 die covered claim payment is in excess of
fifty percent (50° o) of the face value of the policy covering a building or other structure, then
the following procedure shall app]}
The insurer shall v<~ithhold from the covered claim payment up to twenty-five percent
(25%) of the covered claim payment. and shall pay that amount to die 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 Cit}~
to the insured or as the terms of the policy. including any endorsement thereto.
provide.
2. The Cit}~ shall release the proceeds and any interest which has accrued on such
proceeds received under Subsection (A) hereof to the insured or as the terms of the
policy and endorsements therero provide within thirty (30) days after receipt of such
insurance monies, unless, the City has instituted legal proceedings under the
provisions of Sections 515.090 and X15.100. If the Cite has proceeded under the
provisions of Sections ~ 15.090 and ~ 15.100, all monies in excess of that necessary
to comply with the provisions of Sections 515.090 and 515.100 for the removal of
the building or structure and the lot on which it is located.. less sah~age value, shall
be paid to the insured.
3. The City ma}' certify that, in lieu of payment of all or part of the covered claim
payment under this Subsection. 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 thirty (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 Subsection.
4. No provision of this Subsection shall be construed to make the City a party to any
insurance contract.
B. 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. 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 such demolition. In no case will the net cost of
demolition be increased in order to effect salvage of materials.
SECTION 515.130: APPEAL
Any owner, occupant, lessee, mortgage, agent or other person having an interest in the
building or structure may- appeal from the order and determination of the City Administrator or his
representative made under the provisions of Section 515.090. 'The appeal shall be to the Circuit
Court of Platte County as established in Article X36, RSMo.
SECTION 515.140: EMERGENCIES
Not~~ithstanding anything to the contrary contained in this Chapter, in all cases where it
reasonably appears that an immediate danger to the health. safety or welfare of any person exists,
the City Administrator or his representative may take emergency measures to vacate, repair, or
demolish a building or structure ~~'hich is a public nuisance tinder the provisions of this Chapter.
SECTION 515.150: LIABILITY'
No officer. agent. or employee of the City of Riverside shall be personally liable for any
damage that may occur to an}~ persons or property as a result of any act required of him or permitted
to be taken by him under the terms of this Chapter. Any- suit brought against any such officer. agent.
or employee of the Cite as a result of any such acts required or permitted shall be defended by the
City until the final determination of the proceedings, and ifjud~.!ment shall be obtained it shall be
paid by the City. It is hereby further declared that~no officer, agent or employee of the City owes
any duty under the provisions of this Chapter to any citizen or other individual but that the duties
prescribed herein and imposed upon officers, agents or employees of the City are duties to be
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performed for the government of said City
SECTION 515.160: REPRESENTATIVES
Whenever the term "City Administrator' is used in this Chapter, such term shall be deemed
to mean and include the City Administrator or City Manager or the representative(s) of the City
Administrator or City Manager. Whenever the term "Codes Enforcement Officer" is used in this
Chapter, such term shall be deemed to mean and include the Codes Enforcement Officers or the
representative(s) of the Codes Enforcement Officers. Whenever the tern "City Clerk or Finance
Director ~ is used in this Chapter, such term shall be deemed to mean and include the City Clerk or
Finance Director or the representative(s) of the City Clerk or Finance Director.
Section 3. The sections, paragraphs, clauses, and phrases of this Ordinance are severable
and if any portion of this Ordinance is declared unlawful by the valid judgment, decree or
injunction order of a court of competent jurisdiction, such ruling shall not affect any of the
remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance and all
provisions of this Ordinance not specifically declared to be unlawful shall remain in full force and
effect.
Section 4. This Ordinance shall take effect as of the date of its adopti ~.
READ, PASSED AND APPROVED this ~~ day of . ?001.
,~z.t>i ~~ca-~-
Mayor of th City of Riverside
ATTF,ST:
Ci Clerk
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