[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.
3. 
Subsection (1) of this Section shall apply to fire, explosion, or other casualty loss claims arising on all structures.
4. 
Subsection (1) of 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.
[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.
D. 
For the purposes of this Section, the Building Commissioner shall employ the necessary labor and materials to perform all required work as expeditiously as possible. The costs incurred in the performance of such emergency work shall be collected as provided in Section 505.070 hereof.
[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.