City of Goodman, Missouri

TITLE V. BUILDING AND CONSTRUCTION

                                         CHAPTER 500: BUILDING REGULATIONS

                                         ARTICLE I. BUILDING PERMITS

SECTION 500.010:    CONSTRUCTION, ALTERATION, ETC., OF STRUCTURES REQUIRES BUILDING PERMIT─EXCEPTIONS

A. It shall be unlawful to construct, enlarge, alter or demolish a structure; to excavate dirt, refuse or ground area for the purpose of the installation of or altering of any equipment utilized for the sanitary provisions of a home or the construction of a home in the nature of foundation work or water line installation without first filing for and obtaining a permit to do so.

B. Exceptions. For clarification purposes, it shall not be necessary to obtain a permit for completion of cosmetic activity to any structure including, but not limited to, the interior or exterior of homes, gardening activity, lawnmowing, shrubbery/tree maintenance, leaf removal or any other activity designed to affect the cosmetic view of a premises. (Ord. No. 1994-280 §1, 5-1-94)

SECTION 500.020:    FORM OF APPLICATION─FEE

The application for a permit shall be in writing and shall be submitted in the form on file in the City offices and shall be accompanied by a fee of ten dollars ($10.00) per fifty thousand dollars ($50,000.00). A fee of one hundred dollars ($100.00) for inspection fees shall also accompany the application. (Ord. No. 1994-280 §2, 5-1-94; Ord. No. 2007-389 §1, 4-2-07)

SECTION 500.030:    APPLICATION IS TO BE MADE─BY WHOM

Application for a building permit shall be made by the owner of the building or structure or land or the agent or by a licensed contractor who is to perform the work. If the application is made by a person other than the owner in fee, it shall be accompanied by an affidavit of the owner to the effect that the proposed work is authorized by owner in fee and the applicant is authorized to make such application. The full names and addresses of the owner and applicant shall be stated in the application. (Ord. No. 1994-280 §3, 5-1-94)

SECTION 500.040:    APPLICATION CONTENTS─DESCRIPTION OF WORK

The application shall contain a general description of the proposed work to be done, the location of the proposed work, a description of the building or parts of the building to be effected by the work, a general description of the structure or the ground upon which the work is to performed including the approximate size, shape and location of building or the structures upon the lot or tract or parcel of ground and the intended use to be made thereof. (Ord. No. 1994-280 §4, 5-1-94)

SECTION 500.045:    STREET ADDRESSES

A. All street numbers inside the City limits of the City of Goodman shall be assigned by the designated
employee at City Hall. No street number shall be assigned to a new or remodeled building before a building permit application has been completed.

B. All residences and commercial business shall have their street addresses as assigned by the City Hall conspicuously posted so that providers of fire protection services or other emergency services shall better find the proper location when responding to an emergency call.

C. The City Hall shall provide notice of the correct address and of this requirement to the resident or occupant of each premise. Said notice shall stipulate the time they have to comply which shall not be less than fifteen (15) days.

D. To be conspicuously posted, the address shall be posted on part of the house visible from the road with numbers not less than four (4) inches in height and be of a color that contrasts with the house. If not visible and conspicuous from the road, the address shall be displayed on a sign at the driveway entrance to the residence or commercial building with numbers that are no less than four (4) inches in height and of contrasting color.

E. Residents or occupants shall keep said number free of shrubbery or other interferences at all times.

F. Any incorrect house number or other numbers that may be confused with the street address shall be removed by the owner or occupant of said premise. (Ord. No. 2006-382 §1, 9-5-06)

SECTION 500.050:    SITE PLAN

A. There shall be further a site plan not required to be drawn to scale which will note the location of all new construction and all existing structures on the site, approximation of distances from lot lines.

B. In the case of demolition of a building or land excavation, the proposed plan shall further depict the structure to be demolished and all land upon which digging or excavation shall occur. The plan shall indicate the location of any private or public sewage disposal system or water supply. (Ord. No. 1994-280 §5, 5-1-94)

SECTION 500.060:    ACTION ON APPLICATION FOR PERMIT

The Code Official as designated hereafter by the Board of Aldermen shall examine or cause to be examined all applications for permits and amendments thereto within a reasonable time after filing. If the application or plans do not confirm with the requirements of all pertinent laws, the official shall reject such application in writing stating the reasons therefore. If the proposed application and work conforms with requirements with the laws and ordinances of the City, the official shall issue a permit therefore as soon as practicable. (Ord. No. 1994-280 §6, 5-1-94)

SECTION 500.070:    SUSPENSION OF PERMIT

Any permit issued hereunder shall be invalid if the authorized work is not commenced within sixty (60) days after issuance of the permit or if the authorized work is suspended or abandoned for a period of sixty (60) days after the commencement of the work. (Ord. No. 1994-280 §7, 5-1-94)

SECTION 500.080:    SIGNATURE ON PERMIT

A. The official signature approving the permit shall be attached on every permit. The official shall further stamp or endorse in writing two (2) plans. One (1) plan shall be retained by the official at City Hall and the other plan shall be kept on the building site open for inspection. The plans herein are the site plans heretofore specified. The City is hereby authorized to revoke any permit or approval issued hereunder in case of any false statement or misrepresentation of fact in the application or plan upon which the permit or application was based.

B. A true copy of the building permit shall be kept on site of operations open to inspection during the entire time of prosecution of the work and until completion. (Ord. No. 1994-280 §8, 5-1-94)

SECTION 500.090:    COMPLIANCE WITH LAWS

The permit shall be a license to proceed with work and shall in no manner be construed as authority to violate, cancel, set aside or waive any provision of any code or laws of the City of Goodman, Missouri, except as specifically stipulated by modification or legally granted variance by the Board of Aldermen of the City of Goodman, Missouri, in writing specifically, there shall be no work on City property unless approved in writing by the Board and signed by the Mayor. (Ord. No. 1994-280 §10, 5-1-94)

SECTION 500.100:    COMPLIANCE WITH PERMIT

All work performed by the permit shall conform to the application and plans for which the permit was issued and any approved amendments thereto. (Ord. No. 1994-280 §11, 5-1-94)

SECTION 500.110:    RIGHT OF ENTRY

The City Official through any of its authorized representatives shall have authority to enter at any reasonable hour any building, structure or premises within the City of Goodman, Missouri, to ensure that the work is progressing in compliance with the permit as heretofore provided. (Ord. No. 1994-280 §12, 5-1-94)

SECTION 500.120:    WORKMANSHIP

All work performed shall be conducted, installed or competed in a workmanlike manner so as to secure the results intended by this Article. (Ord. No. 1994-280 §13, 5-1-94)

                                         ARTICLE II. CONTRACTOR'S REGULATIONS

SECTION 500.130:    CONTRACTORS─IN GENERAL

A. The term "contractor" shall mean any person or corporation or business entity that shall engage in the business for hire of erecting, repairing, remodeling, constructing or reconstructing houses or buildings or other structures or any part thereof. The term shall also include any specialty or subcontractor who shall contract to construct or do the following: siding installation; brick and masonry installation; roofing repairs or installation; painting or paper contracting; ditching; sewer construction; curb and gutter construction; tree trimming; tree and shrubbery removal; pavement construction; plastering; flooring; floor sanding; and any other construction work of a specialized nature or performed by contract under the contract of a general contractor or builder.

B. A contractor shall not include any person who is less than eighteen (18) years of age, any not-for-profit organization including, but not limited to, church groups, school groups and recognized civic groups and clubs.

C. No contractor's license shall be required of any person who volunteers their time or services to assist a friend or family member, provided however, that there shall be a rebuttable presumption that a person is acting as a contractor and in the business of contracting if the person holds himself/herself out for hire for such profession or advocation or regularly engages in such activity on behalf of other persons within the City limits of Goodman, Missouri, who are not members of that person's immediate family, i.e., related within the second degree of affinity or consanguinity. (Ord. No. 1994-280 §14, 5-1-94)

SECTION 500.140:    LICENSE REQUIRED

It shall be unlawful for any person to engage in the business of contracting or hold himself/herself out as a contractor in Goodman, Missouri, without first obtaining a license therefore from the City. (Ord. No. 1994-280 §15, 5-1-94)

SECTION 500.150:    REQUIREMENTS FOR LICENSE

A. Before any person shall be granted a contractor's license, such person shall file a surety bond in the amount of ten thousand dollars ($10,000.00) with the City conditioned that such person shall observe the ordinances of the City and not violate any of the provisions thereof and will pay all taxes, license fees, fines, penalties and forfeitures that may be adjudged against him/her under such ordinances of the City and that he/she will not damage any City property and will pay any and all fees and costs assessed should any property of the City be damaged in any manner whatsoever.

B. Such person shall further file an insurance certificate reflecting liability insurance in the amount of fifty thousand dollars ($50,000.00) for property damage liability and one hundred thousand dollars ($100,000.00) bodily injury liability. A contractor shall further file a certificate reflecting Workmen's Compensation insurance if under the laws of the State of Missouri he/she is required to carry such insurance. (Ord. No. 1994-280 §16, 5-1-94)

SECTION 500.160:    FEES

No license shall be issued, to any contractor under the provisions of this Article until a fee in the sum of five dollars ($5.00) has been paid. (Ord. No. 1994-280 §17, 5-1-94)

SECTION 500.170:    CONDITION PRECEDENT TO BUILDING PERMIT

No building permit shall be issued by the City to any contractor for the construction, erection or remodeling of any house or the performance of any labor of any type including, but not limited to, ditching, sewer construction, curbing, guttering, tree trimming, tree or shrubbery removal, pavement construction, plastering, flooring, sanding or any other type of construction work whether specialized in nature or not until such contractor shall first have obtained a license and paid the fee for said license as previously required. (Ord. No. 1994-280 §18, 5-1-94)

SECTION 500.180:    REVOCATION OF LICENSE

Failure by a contractor to comply with any of the provisions of this Article or other codes of the City of Goodman, Missouri, shall be cause for the revocation of his/her license. The City, through the City Clerk, in the event of failure on behalf of the license holder to observe any of the conditions of this Article shall give five (5) days' notice to said contractor of the violation complained of before making revocation of the license. If the contractor requests a hearing before the Board of Aldermen, then the revocation shall be stayed until the next regular meeting of the Board of Aldermen when the issue shall be presented. A contractor shall have the right to be represented by an attorney at such hearing. (Ord. No. 1994-280 §19, 5-1-94)

                                         CHAPTER 505: DANGEROUS BUILDINGS

SECTION 505.010:    PURPOSE AND SCOPE

It is the purpose of this Chapter to provide a just, equitable and practicable method for the repairing, vacation or demolition of buildings or structures that may endanger the life, limb, health, property, safety or welfare of the occupants of such buildings or the general public, and this Chapter shall apply to all dangerous buildings, as herein defined, that now are in existence or that may hereafter exist in the City of Goodman, Missouri.

SECTION 505.020:    DANGEROUS BUILDINGS DEFINED

All buildings or structures that are detrimental to the health, safety or welfare of the residents of the City and that have any or all of the following defects shall be deemed "dangerous buildings":

1.    Those with interior walls or other vertical structural members that list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle third of its base.

2.    Those that, exclusive of the foundation, show thirty-three percent (33%) or more damage or deterioration of the supporting member or members or fifty percent (50%) damage or deterioration of the non-supporting enclosing or outside walls or covering.

3.    Those that have improperly distributed loads upon the floors or roofs, or in which the same are overloaded, or that have insufficient strength to be reasonably safe for the purpose used.

4.    Those that 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 that are so dilapidated, decayed, unsafe, unsanitary or that 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.

6.    Those having light, air and sanitation facilities that are inadequate 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 adequate means of evacuation.

8.    Those that have parts thereof that are so attached that they may fall and injure members of the public or property.

9.    Those that because of their condition are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of this City.

SECTION 505.030:    DANGEROUS BUILDINGS DECLARED NUISANCE

All dangerous buildings or structures, as defined by Section 505.020 of this Chapter, are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided herein.

SECTION 505.040:    STANDARDS FOR REPAIR, VACATION OR DEMOLITION

The following standards shall be followed in substance by the Building Inspector and the Building Commissioner in ordering repair, vacation or demolition of any dangerous building.

1.    If the dangerous building can reasonably be repaired so that it no longer will exist in violation of the terms of this Chapter, it shall be ordered repaired.

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 repaired.

3.    In all cases where a building cannot be repaired so that it no longer will exist in violation of the terms of this Chapter, it shall be demolished.

4.    In all cases where a dangerous building is a fire hazard existing or erected in violation of the terms of this Chapter or any ordinance of this City or Statute of the State of Missouri, it shall be repaired or demolished.

SECTION 505.050:    BUILDING INSPECTOR

All City Police Officers and other City employees so designated by the Mayor shall be the Building Inspector(s) within the meaning of this Chapter. (Ord. No. 1989-239 §.040, 10-17-89)

SECTION 505.060:    DUTIES OF BUILDING INSPECTOR─PROCEDURE AND NOTICE

The Building Inspector(s) shall have the duty under this Chapter to:

1.    Inspect or cause to be inspected, as often as may be necessary, all residential, institutional, assembly, commercial, industrial, garage, special or miscellaneous occupancy buildings for the purpose of determining whether any conditions exist that render such place to be a dangerous building when he/she has reasonable grounds to believe that any such building is dangerous.

2.    Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this Chapter, and the Building Inspector determines that there are reasonable grounds to believe that such building is dangerous.

3.    Inspect any building, wall or structure reported by the Fire or Police Departments of this City as probably existing in violation of this Chapter.

4.    Notify the owner, 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 of McDonald County, of any building or structure found by him/her to be a dangerous building or structure within the standards set forth in Section 505.020. Such notice shall be in writing and shall be given 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 service may be had by publication in a newspaper qualified to publish legal notices for two (2) consecutive weeks.

The notice required shall state that:

a.    The owner must vacate, vacate and repair, or vacate and demolish said building and clean up the lot or property on which the building is located in accordance with the terms of the notice and this Chapter.

b.    The occupant or lessee must vacate said building or have it repaired in accordance with the notice and remain in possession.

c.    The mortgagee, agent or other persons having an interest in said building as shown by the land records of the Recorder of Deeds of McDonald County may, at his/her own risk, repair, vacate or demolish the building and clean up the property or have such work done;

provided, that any person notified under this Subsection to repair, vacate or demolish any building or clean up the property shall be given such reasonable time not exceeding thirty (30) days to commence the required work.

5.    The notice provided for in this Section shall state a description of the building or structure deemed dangerous, a statement of the particulars that make the building or structure a dangerous building, a statement indicating that as a dangerous building said building or structure constitutes a nuisance, and an order requiring the designated work to be commenced within the time provided for in the above Subsection.

6.    Report in writing to the City Building Commissioner the non-compliance with any notice to vacate, repair, demolish, clean up the property or upon the failure to proceed continuously with the work without unnecessary delay.

7.    Appear at all hearings conducted by the Building Commissioner and testify as to the condition of dangerous buildings.

8.    Immediately report to the Building Commissioner concerning any building found by him/her to be inherently dangerous and that he/she determined to be a nuisance per se. The Building Commissioner may direct that such building be marked or posted with a written notice reading substantially as follows:

"This building has been found to be a dangerous building by the Building Inspector. This notice is to remain on this building and/or property until it is repaired, vacated or demolished and the property is cleaned up in accordance with the notice that 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 McDonald County. It is unlawful to remove this notice until such notice is complied with."

Provided however, that the order by the Building Commissioner and the posting of said notice shall not be construed to deprive all persons entitled thereto by this Chapter to the notice and hearing prescribed herein.

SECTION 505.070:    BUILDING COMMISSIONER

The Mayor shall act as Building Commissioner under this Chapter. (Ord. No. 1989-239 §.060, 10-17-89)

SECTION 505.080:    DUTIES OF THE BUILDING COMMISSIONER

The Building Commissioner shall have the powers and duties pursuant to this Chapter to:

.1. Supervise all inspections required by this Chapter and cause the Building Inspector to make inspections and perform all the duties required of him/her by this Chapter. Upon receiving a complaint or report from any source that a dangerous building 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/her duties and responsibilities imposed herein, the Building Commissioner may request 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. Upon receipt of a report from the Building Inspector indicating failure by the owner, lessee, occupant, mortgagee, agent or other persons(s) having an interest in said building to commence work of reconditioning or demolition within the time specified by this Chapter or upon failure to proceed continuously with work without unnecessary delay, hold a hearing giving the affected parties full and adequate hearing on the matter.

.3. Give written notice of said hearing, either by personal service or by certified mail, return receipt requested, or if service cannot be had by either of those modes of service, then by publication in a newspaper qualified to publish legal notices, at least ten (10) days in advance of the hearing date, 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 McDonald County who may appear before the Building Commissioner 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 Inspector's notice as provided herein. Any party may be represented by counsel and all parties shall have an opportunity to be heard.

.4. Make written findings of fact from the evidence offered at said hearing as to whether or not the building in question is a dangerous building within the terms of Section 505.020 of this Chapter.

.5. If the evidence supports a finding based upon competent and substantial evidence that the building or structure is a dangerous building and a nuisance and detrimental to the health, safety or welfare of the residents of the City, the Building Commissioner shall issue an order based upon its findings of fact commanding the owner, occupant, mortgagee, lessee, agent or other persons(s) having an interest in said building as shown by the land records of the Recorder of Deeds of McDonald County to repair, vacate or demolish any building found to be a dangerous building and to clean up the property, provided that any person so notified shall have the privilege of either repairing or vacating and repairing said building, if such repair will comply with the ordinances of this City, or may vacate and demolish said dangerous building at his/her own risk to prevent the acquiring by the City of the lien against the land where the dangerous building stands. If the evidence does not support a finding that a building or structure is a dangerous building or a nuisance or detrimental to the health, safety or welfare of the residents of the City, no order shall be issued.

.6. If the owner, occupant, mortgagee or lessee fails to comply with the order within thirty (30) days, the Building Commissioner shall cause such building or structure to be repaired, vacated or demolished and the property cleaned up as the facts may warrant. If the Building Commissioner or other designated officer or officers issues an order whereby the building or structure is demolished, secured or repaired or the property is cleaned up, 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, 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. The contractor may enforce this lien as provided in Sections 429.010 to 429.360, RSMo. Except as provided in Section 505.090, 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 deemed a personal debt against the property owner and shall also be a lien on the property until paid. Said tax bill or assessment shall bear interest at a rate of eight percent (8%) per annum until paid.

SECTION 505.090:    INSURANCE PROCEEDS─HOW HANDLED

A. 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 Subsection. 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:

A.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 account. Any named mortgagee on the insurance policy shall maintain priority over any obligation under this Chapter.

A.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 (6) of Section 505.080. If the City has proceeded under the provisions of Subsection (6) of Section 505.080, all monies in excess of that necessary to comply with the provisions of Subsection (6) of Section 505.080 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.

B. 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 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.

C. This Section shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.

D. 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.

E. 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.

SECTION 505.100:    APPEAL

Any owner, occupant, lessee, mortgagee, agent or any other person(s) having an interest in a dangerous building as shown by the land records of the Recorder of Deeds of McDonald County may appeal such decision to the Circuit Court of McDonald County, as provided for in Sections 536.100 to 536.140, RSMo., if a proper record as defined in Section 536.130, RSMo., is maintained of the hearing provided for in Section 505.080 hereof. Otherwise, the appeal shall be made pursuant to the procedures provided for in Section 536.150, RSMo.

SECTION 505.110:    EMERGENCIES

In cases where it reasonably appears that there is immediate danger to the health, life, safety or welfare of any person unless a dangerous building, as defined herein, is immediately repaired, vacated or demolished and the property is cleaned up, the Building Inspector shall report such facts to the Building Commissioner and the Building Commissioner may cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in Sections 505.080 and 505.090.

SECTION 505.120:    VIOLATIONS─DISREGARDING NOTICES OR ORDERS

The owner, occupant or lessee in possession of any dangerous building who shall fail to comply with the order to repair, vacate or demolish said building given by the Building Commissioner or who shall fail to proceed continuously without unnecessary delay; and any person removing any notices provided for in this Chapter; and any person violating any other provisions of this Chapter shall be guilty of an ordinance violation and upon conviction thereof shall be fined not more than five hundred dollars ($500.00). Each day that a person fails to comply with an order of the Building Commissioner may be deemed a separate offense.

SECTION 505.130:    OWNER ABSENT FROM THE CITY

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. (Ord. No. 1989-239 §.100, 10-17-89)

SECTION 505.140:    LIABILITY FOR WRONGFUL ACTION

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.   (Ord. No. 1989-239 §.110, 10-17-89)

                                         CHAPTER 510: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES

SECTION 510.010:    STREETS AND ALLEYWAYS OPEN TO PUBLIC USE AT ALL TIMES

All streets and alleyways heretofore dedicated as such by the proprietors of the land comprising them and as such have been established by the Board of Aldermen of the City of Goodman, Missouri, and hereby declared and shall at all times be open to the use of the public.   (Ord. No. I Art. XIX §1, 11-6-56)

Cross Reference─As to times public parks are open, §210.337.

SECTION 510.020:    AUTHORITY OF BOARD OF ALDERMEN CONCERNING PAVING,
CONSTRUCTION, REPAIR, ETC., OF STREETS, ALLEYWAYS, ETC.

The Board of Aldermen shall have power by ordinance to cause to be graded, constructed, reconstructed, paved or repaired, or otherwise improved all streets, alleyways, sidewalks, public highway, and public parks thereof within the City at such time and to such extent and of such dimension and with such materials and in such manner and under such regulations as shall be provided for by ordinance. (Ord. No. I Art. XIX §2, 11-6-56)

SECTION 510.030:    NEW STREETS OR ALLEYWAYS─PROCEDURE

When it shall be proposed to open a new street or alleyway within the City limits, the Board of Aldermen shall cause the person or persons, firm or organization desiring to open such new street to come before them and show cause and reason for the need and necessity of such a street. If, upon proper showing, it is shown to the Board of Aldermen that the opening of the new street would benefit the citizens of the City of Goodman, Missouri, as a whole, the Board of Aldermen shall appropriate such money to cause said street to be opened and maintained at the expense of the City. However, if the hearing reveals that it is only to the advantage of the individual or individuals but does not benefit the citizens of Goodman as a whole, the Board of Aldermen may in its discretion permit the opening of a public street at the expense of the person or persons, firm or organization so applying. (Ord. No. I Art. XIX §3, 11-6-56)

SECTION 510.040:    STREET CONSTRUCTION WIDTH

All the public streets opened in the City of Goodman, Missouri, shall be at least forty (40) feet wide with proper drainage provided on either side of the road bed with an additional ten (10) feet to be set aside for sidewalk purposes. (Ord. No. I Art. XIX §4, 11-6-56)