82.810. Owner may cross adjoining property to repair dangerous structure in St. Louis, when.
Owner may cross adjoining property to repair dangerous structure inSt. Louis, when.
82.810. When any building or part thereof, tower, retainingwall, fence wall, smokestack or other similar structure, situatedin a city having five hundred thousand inhabitants shall be foundby the division of building and inspection, of such city, to bein a condition such as to endanger the lives of persons or likelyto cause immediate injury to other property and when the owner,lessee, or both of such property shall have been notified inwriting by the building commissioner or other legally authorizedofficer, upon whom is imposed the duty of condemning buildings,to remove, repair or otherwise secure such building, tower,retaining wall, fence wall, smokestack, or other similarstructure and when such building cannot, by use of reasonablemeans, be removed, properly repaired or otherwise secured withouthaving access to and upon the land, building or premises of anadjoining owner, the owner or lessee shall at least three daysbefore the proposed work is to be commenced, notify the owner orlessee of such adjoining property, in writing, that in order toremove, repair or secure such building or structure it will benecessary for him to enter and temporarily occupy his or theirpremises, such notice shall state the character of the work to bedone; the probable time required for its completion; the part ofthe land, building or premises proposed to be occupied; the useto be made thereof, together with a true copy of the noticeserved upon him by the building commissioner or other legallyauthorized official. If upon the receipt of such notice, theowner, lessee or both, of such adjoining premises shall refuse topermit the entrance and temporary occupancy of his or theirpremises, for said purposes, the person or persons desiring theentrance and occupancy thereof shall file a duly verifiedpetition in the circuit court containing a statement of factsshowing a compliance with the provisions of this section,together with an accurate description of the work necessary to bedone; the time reasonably required to do it; the manner in whichthe premises are to be occupied, a description of the land,building and premises proposed to be occupied. If it shall bemade to appear to the satisfaction of the court that an entranceand temporary occupancy of the premises of the adjoininglandowner is necessary to protect the safety of persons orproperty, the court shall, upon the execution by the plaintiff orsome responsible person for him of a bond with sufficient suretyor sureties to such adjoining property owner, or lessee, in suchsum as the court or judge shall deem sufficient to fully secureto such adjoining property owner, or lessee, the payment of anydamages that may be occasioned by such entry and occupancy andpay all cost of such proceedings. The court shall at once causea summons to be issued and served upon the owner, lessee or both,of such adjoining land, building or premises, requiring him orthem to show cause, if any they have, at a designated time withinfive days, why he or they should not be required to permit suchentrance and occupancy of the land, building or premises inquestion. If the adjoining property owner, or lessee or both,shall fail to show good cause why permission should not begranted, an injunction shall issue commanding the owner, lesseeor both, of such adjoining premises to permit the entry andtemporary occupancy for a definite length of time, to be thereinspecified, as the court may find to be necessary, by the exerciseof reasonable diligence, to remove, repair or otherwise place thestructure in question in a safe condition. The proceedings forthe enforcement of this section, not herein specifically providedfor, shall be in accordance with the provisions of chapter 526,RSMo, relating to injunctions.
(RSMo 1939 § 7746)Prior revision: 1929 § 7598