§ 150.45  BUILDING COMMISSIONER; DUTIES.
   (A)   The Mayor, Board of Aldermen, or other designated officer or officers shall act as Building Commissioner under this subchapter.
   (B)   The Building Commissioner shall have the power pursuant to this subchapter to:
      (1)   Supervise all inspections required by this subchapter, and cause the Building Inspector to make inspections and perform all the duties required of him or her by this subchapter, upon receiving a complaint or report from any source, that a dangerous building, mobile home or other structure, exists in the city, the Building Commissioner shall cause an inspection to be made forthwith. If the Building Commissioner deems it necessary to the performance of his or her duties and responsibilities imposed herein, the Building Commissioner may require an inspection and report be made by any other city department or retain services of an expert whenever the Building Commissioner deems such service necessary.
      (2)   (a)   Upon receipt of a report from the Building Inspector indicating failure by the owner, lessee, occupant, mortgagee, agent or other person(s) having interest in the building, mobile home or other structure, to commence work of reconditioning or demolition within the time specified by this subchapter or upon failure to proceed continuously with work without unnecessary delay, the Building Commissioner shall hold a hearing giving the affected parties full and adequate hearing on the matter.
         (b)   Written notice, either by personal service or by certified mail, return receipt requested, or by publication for two consecutive weeks, in a newspaper qualified to publish legal notices, at least ten days in advance of a hearing date, to the owner, occupant mortgagee, lessee, agent and all other persons having an interest in the building, mobile home or structure, as shown by the land records of the county’s Records of Deeds, and titles as determined by the Director of Revenue, to appear before the Building Commissioner on the date specified in the notice to show cause why the building, mobile home or other structure reported to be a dangerous building, mobile home or other structure, should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Building Inspector’s notice as provided herein.
         (c)   Any party may be represented by counsel and all parties shall have an opportunity to be heard.
      (3)   Make written findings of fact from the evidence offered at said hearing as to whether or not the building, mobile home or other structure in question is a dangerous building, mobile home or other structure, within the terms of § 150.41 of this chapter.
      (4)   If the evidence supports a finding based upon competent and substantial evidence that the building, mobile home or other structure is a dangerous building, mobile home or other structure, the Building Commissioner shall issue an order based upon its findings of fact commanding the owner, occupant, mortgagee, lessee, agent or other person(s) having an interest in the building, mobile home or other structure, as shown by the land records of the county and titles as determined by the Director of Revenue, to repair, vacate or demolish any building, mobile home or other structure found to be a dangerous building, mobile home or other structure, and to clean up the property, provided that any person so notified, shall have the privilege of either repairing or vacating and repairing the building, mobile home or other structure, if such repair will comply with the ordinances of this city or the owner or any person having an interest in the building, mobile home or other structure as shown by the land records of the county and titles as determined by the Director of Revenue, may vacate and demolish the dangerous building, mobile home or other structure, at his or her own risk to prevent the acquiring by the city of a lien against the land where the dangerous building, mobile home or other structure stands. If the evidence does not support a finding that a building, mobile home or other structure is a dangerous building, mobile home or other structure, no order shall be issued.
      (5)   If the owner, occupant, mortgagee or lessee fails to comply with the order within 30 days, the Building Commissioner shall cause such building, mobile home or other structure to be repaired, vacated or demolished and the property cleaned up as the facts may warrant; and the Building Commissioner shall certify the cost of the work borne by the city for such repair, vacation or demolition or clean up to the City Clerk as a special assessment represented by a special tax bill against the real or personal property affected; the tax bill shall be a lien upon the property and shall be deemed a personal debt against the property owner(s) unless the building, mobile home or other 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, mobile home or other structure, is located. The contractor may enforce this lien as provided in RSMo. §§ 429.010 through 429.360. Except as provided in division (B)(6) below, at the request of the taxpayer this special tax bill may be paid in installments over a period of not more than ten years; the assessment shall bear interest at the rate of 9% per annum until paid.
      (6)   As to damage or loss to a building, mobile home or other structure caused by or arising out of any fire, explosion or other casualty loss, if an order is issued by the Building Commissioner as provided in division (B)(5) above, and a special tax bill or assessment is issued against the property, it shall be deemed a personal debt against the property owner. If there are proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building, mobile home 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 25% of the insurance proceeds, as set forth in divisions (B)(6)(a) and (B)(6)(b) below. This division (B)(6) shall apply only to a covered claim payment that is in excess of 50% of the face value of the policy covering a building, mobile home or other structure.
         (a)   The insurer shall withhold from the covered claim payment up to 25% of the covered claim payment, and shall pay such moneys to the city to deposit into an interest-bearing account. Any named mortgagee on the insurance policy shall maintain priority over any obligation under the ordinance.
         (b)   The city shall release the proceeds and any interest that has accrued on such proceeds received under division (B)(6)(a) above to the insured or as the terms of the policy and endorsements thereto provide within 30 days after the receipt of such insurance moneys, unless the city has instituted legal proceedings under the provisions of division (B)(5) above. If the city has proceeded under the provisions of division (B)(5) above, all moneys in excess of that necessary to comply with the provisions of division (B)(5) above for the removal, securing, repair and clean up of the building, mobile home or other structure and the lot on which it is located, less salvage value, shall be paid to the insured.
      (7)   If there are no proceeds of any insurance policy as set forth in division (B)(6) above, at the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten years. The tax bill from date of its issuance shall be a lien on the property and a personal debt against the property owner(s) until paid.
      (8)   Division (B)(6) above shall apply to fire, explosion or other casualty loss claims arising on all buildings, mobile homes or other structures.
      (9)   Division (B)(6) above 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.
      (10)   The Building Commissioner may certify in lieu of payment of all or part of the covered claim under division (B)(6) above 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 30 days after receipt of proof to permit covered claim payment to the insured without the deduction pursuant to division (B)(6) above. It shall be the obligation of the insured or other person making the claim to provide the insurance company with the written certificate provided from this division (B)(10).
(2003 Code, § 150.40)  (Ord. passed - -2000)