[Ord. No. 69 §1, 8-16-1995]
A.
All
buildings or structures which have any or all of the following defects
shall be deemed dangerous buildings.
1.
Those whose 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 falls outside of the middle third (3rd) of its
base.
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 (50%) of damage or deterioration of the
non-supporting enclosing or outside walls or covering.
3.
Those which have improperly distributed loads upon the floors or
roofs or in which the same are overloaded, or which have insufficient
strength to be reasonably safe for the purpose used.
4.
Those which have been damaged by fire, wind or 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 City of Green Park,
Missouri.
5.
Those which are so dilapidated, decayed, unsafe, unsanitary or which
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 general
welfare of those occupying such building.
6.
Those having light, air and sanitation facilities which 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 means of evacuation.
8.
Those which have parts thereof which are so attached that they may
fall and injure people or damage property.
9.
Those which because of their condition are unsafe, unsanitary, or
dangerous to the health, safety or general welfare of the people of
this City.
[Ord. No. 69 §2, 8-16-1995]
All dangerous buildings within the meaning of this Chapter are
hereby declared to be public nuisances and shall be repaired, reconditioned,
vacated and repaired, or vacated and demolished as provided herein.
[Ord. No. 69 §3, 8-16-1995]
A.
The
following standards shall determine whether a building or structure
shall be ordered to be repaired, vacated or demolished under this
Chapter:
1.
If the dangerous building can be reasonably repaired so that it does
not constitute a dangerous building, 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 or demolished.
3.
If the dangerous building cannot be reasonably repaired so that it
will not constitute a dangerous building, it shall be ordered to be
demolished. If the Building Commissioner determines that the cost
of repairs would exceed one hundred percent (100%) of the current
value of the building, such repairs shall be presumed unreasonable.
[Ord. No. 69 §4, 8-16-1995]
A.
It
shall be the duty of the Building Commissioner or his/her designee
to inspect or cause to be inspected any building or structure within
the City, as often as he/she may determine to be necessary for the
purpose of determining whether any conditions exist which render such
building or structure a dangerous building, as herein defined.
B.
If
the Building Commissioner or his/her designee determines after inspection
that a building or structure constitutes a dangerous building, he/she
shall notify in writing the owner, occupant, lessee, mortgagee, agent,
and all other persons having an interest in such buildings or structures
as shown by the records of the Recorder of Deeds of St. Louis County,
that such building or structure constitutes a dangerous building.
C.
The
notice shall contain a description of the building or structure deemed
unsafe and a statement of the particulars which make such building
a dangerous building. The notice shall further set forth the order
of the Building Commissioner with respect to such building or structure
as to vacation, repair and/or demolition, including the designation
of a reasonable time to cause said work as designated in said notice
to be performed. The notice shall also inform the recipient thereof
of the opportunity of hearing before the Board of Adjustment, upon
application to the Building Commissioner, on the Commissioner's findings
and order with respect to the building or structure.
D.
The
notice shall be served either by personal service or by certified
mail, return receipt requested, or, if service cannot be had by either
of these methods, may be by publication and posting of the property.
[Ord. No. 69 §5, 8-16-1995]
A.
Upon application of any interested person receiving notice pursuant to Section 505.040 of this Chapter, or upon failure to commence the work for repair or demolition within the time specified, or upon failure to proceed continuously with the work without unnecessary delay, as provided to be done in the required notice, the Building Commissioner shall notify the Board of Adjustment, and the Board shall call and have a full and adequate hearing upon the matter, giving the affected parties at least ten (10) days' written notice of the hearing. Any party may be represented by counsel, and all parties shall have an opportunity to be heard.
B.
If
the evidence at the hearing supports a finding that the structure
is a nuisance or detrimental to the health, safety, or welfare of
the residents of the City, the Board of Adjustment 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 structure to be vacated, demolished and removed,
or repaired within a specified time. If the evidence does not support
a finding that the structure is a nuisance or detrimental to the health,
safety or welfare of the residents of the City, no order shall issue.
[Ord. No. 69 §6, 8-16-1995]
A.
Any
owner, occupant, lessee, mortgagee, agent and any other person having
an interest in a dangerous building as shown by the records of the
St. Louis County Recorder of Deeds may appeal the order and determination
of the Board of Adjustment to the St. Louis County Circuit Court pursuant
to Chapter 536, RSMo.
B.
In
any appeal as provided by this Section, any person who owns or occupies
property located within one thousand two hundred (1,200) feet of the
perimeter of the building or structure which is the subject of the
suit shall be allowed to present evidence to the court on behalf of
the City, of the condition of the building or structure, whether or
not such person presented such evidence at the hearing before the
Board of Adjustment. The appellant before the court shall have the
opportunity to cross-examine any such person presenting evidence to
the court.
[Ord. No. 69 §7, 8-16-1995]
If the Board of Adjustment enters an order directing the building or structure to be demolished, secured, repaired or any debris removed, and the owner, occupant, mortgagee or lessee fails to comply with such order within thirty (30) days of its issuance, the Building Commissioner shall cause all of the work directed to be performed and the order to be undertaken and completed. The cost of performance shall be certified to the City Clerk, who shall cause a special tax bill or assessment therefor against the property to be prepared and collected by the City Collector 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 of this Chapter, 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 date of its issuance shall be a personal debt against the property owner and shall also be a lien on the property until paid.
[Ord. No. 69 §8, 8-16-1995]
When any building or structure has been demolished and removed
by the City, the City shall have the right to sell any salvage or
other valuable materials at the highest price obtainable. The net
proceeds of such sale, after deducting the expenses of demolition
and removal, shall be promptly remitted with a report of such sale
or transaction, including the items of expense and the amounts deducted,
for the use of the person who is entitled thereto, subject to any
order of court. If such a surplus does not remain to be turned over,
the report shall so state.
[Ord. No. 69 §9, 8-16-1995]
A.
If there are proceeds of any insurance policy based upon a covered claim payment for damage or loss to a building or other structure caused by or arising out of any fire, explosion, or other casualty loss, the City may recover up to twenty-five percent (25%) of the insurance proceeds for its costs incurred pursuant to Section 505.070, as set forth in Subsection (1)(a,b) of this Section:
1.
This Section shall apply only to a covered claim payment which is
in excess of fifty percent (50%) 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 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 Section.
b.
The City shall release the proceeds and any interest which has accrued on such proceeds received under Subsection (1)(a) of this Section 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 cost recovery proceedings under the provisions of Section 505.070 of this Chapter. If the City has proceeded under the provisions of Section 505.070, all monies in excess of that necessary to comply with the provisions thereof for the demolition, securing, repair, cleanup and/or removal of the building or structure and the lot on which it is located, less salvage value, shall be paid to the insured.
2.
If there are no proceeds of any insurance policy as set forth in Subsection (1) 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 date of its issuance shall be deemed a personal debt against the property owner and shall be a lien on the property until paid.
[Ord. No. 69 §10, 8-16-1995]
A.
When
in the opinion of the Building Commissioner it reasonably appears
that a dangerous building, as defined herein, poses an immediate or
potential danger to the health, safety or welfare of any person, the
Building Commissioner may take emergency measures to vacate the building
and to abate, secure, repair or demolish the dangerous condition.
The Commissioner shall order the necessary work to be done, including
the boarding-up of openings, to render such structure temporarily
safe and shall cause such other action to be taken as may be necessary
to meet such emergency.
B.
In the event of such an emergency the Building Commissioner shall notify interested persons, as promptly as possible, as required in Section 505.040 hereof, provided however, the Commissioner shall have the authority to act in accordance with Subsection (A) of this Section regardless of whether such notice has issued or whether review proceedings as established in Section 505.050 have been instituted.
C.
The
Building Commissioner shall cause to be posted at each entrance to
any vacated dangerous building a notice to read substantially as follows:
"This Structure Is Unsafe And Its Occupancy Has Been Prohibited. Do
Not Enter." It shall be unlawful for any person to enter such structure
except for the purpose of securing the structure, making the required
repairs, abating the dangerous condition or demolishing the structure.
[Ord. No. 69 §11, 8-16-1995]
In all cases where a building or structure does not meet the standards for dangerous buildings as set forth herein but nonetheless constitutes a nuisance to the general public because it is vacant and open to unauthorized entry, the Building Commissioner may notify the owner to secure the building or structure within forty-eight (48) hours. In the event the owner fails to secure the building or structure in that time, the Building Commissioner may take whatever measures are necessary to secure the building. The cost of such measures shall be recovered in the same manner as that provided in Section 505.070 hereof.
[Ord. No. 69 §12, 8-16-1995]
A.
The following are the standards to be met when a building is to be secured as provided in Section 505.110 of this Chapter:
1.
All doors and other openings other than windows shall be securely
locked, boarded, barricaded or otherwise secured.
2.
All windows shall be locked or otherwise secured by the installation
of security screens or grills. No windows shall be secured by covering
them with boards or planks of wood or similar material, except as
may be provided herein.
3.
In the event that a vacant building should pose a threat to the health, safety or welfare of the public, the Building Commissioner shall order the building to be boarded up on all sides with the cost of such work to be the responsibility of the owner of the building. The building shall be secured by the application of five-eighths (⅝) inch thick exterior grade plywood attached by one and one-half (1½) inch wood screws. Such plywood shall be painted with a neutral color to match the building. No building in the City may remain boarded up for more than fourteen (14) calendar days, except as provided for in Subsection (4) below.
4.
In the event a building is damaged, the Building Commissioner may
board the windows thereof for a period not to exceed six (6) weeks.
[Ord. No. 69 §13, 8-16-1995]
It shall be unlawful for any person to enter any building or
structure which has been placarded with a notice setting forth the
order of the Building Commissioner requiring the building or structure
to be vacated. The Police Department may remove any unauthorized person
from any such building or structure and may take all steps necessary
to prevent any unauthorized person from entering such building or
structure.
[Ord. No. 69 §14, 8-16-1995]
It shall be unlawful for the owner of any building or structure
which is the subject of a compliance order or a notice of violation
to sell, transfer, mortgage, lease or otherwise dispose of same to
another until the provisions of the compliance order or notice of
violation have been complied with, or until each owner shall first
furnish the grantee, transferee, mortgagee or lessee a true copy of
any such compliance order or notice of violation and shall furnish
to the Building Commissioner a signed and notarized statement from
the grantee, transferee, mortgagee or lessee, acknowledging the receipt
of such compliance order or notice of violation and fully accepting
the responsibility without condition for making the corrections or
repairs required by such compliance order or notice of violation.
[Ord. No. 69 §15, 8-16-1995]
Any person who shall violate any provision of this Chapter upon conviction shall be punished in accordance with Section 100.140 of this Code.
