[Ord. No. 246 §1, 8-19-1980; Ord. No. 329 §1, 5-15-1990]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
A detached structure, including, but not limited to, garages,
fences, tool sheds, playhouses, tree houses, greenhouses, subordinate
to the main or principal structure, the use of which is customary
to the main building.
A use, occupancy or tenancy customarily incidental to the
principal use or occupancy of a building. Such accessory uses may
include, among other things, the following:
Offices for the building management.
Dining rooms, banquet rooms, public kitchens and ballrooms.
Recreation and playrooms.
Laundries for the use of tenants and occupants and in connection
with the management and operation of a residential building.
Maintenance and work shops, storage rooms for linen, bedding,
furniture, supplies and tenant's equipment and effects.
Rooms or space for the incidental sale or display of merchandise
to occupants and tenants, such as newspaper, candy and cigar stands.
Garages within a residential building or on the premises thereof
used primarily for the storage of passenger type motor vehicles.
As applied to a building or structure, "alteration" means a change or rearrangement of the structural parts or in the
exit facilities; or an enlargement, whether by extending on the side
or by increasing in height; or the moving from one location or position
to another. The term "alter" in its various modes
and tenses, and its participial forms, refers to the making of an
alteration.
A room, suite or two (2) or more rooms occupied or intended
to be occupied as the home or residence of an individual, family or
household.
Approved by the Enforcement Official.
Material and construction approved under the provisions of
this Chapter or the Building Code of the City or by any other authority
authorized by law to give approval in the matter in question.
Includes a wall or latticework screen, but excludes a hedge
or natural growth, or a barrier less then eighteen (18) inches in
height which is used to protect plant growth.
That space of a building that is partly below grade which
has more than half (½) of its height, measured from floor to
ceiling, above the average established finished grade of the ground
adjoining the building.
Enclosed space containing a minimum of one (1) water closet,
one (1) lavatory and either one (1) bathtub or shower. It may also
contain additional plumbing fixtures serving similar purposes. A bathroom
shall afford complete privacy. See definition of "TOILET ROOM".
A room designed to be used primarily for sleeping by one
(1) or more inhabitants.
A structure wholly or partially enclosed within exterior
or party walls and a roof affording shelter to persons, animals or
property.
That space of a building that is partly or entirely below
grade which has more than half (½) of its height, measured
from floor to ceiling, below the average established finished grade
of the ground adjoining the building.
Circumstances wherein the composition of the residents of
a dwelling unit changes either through the sale, lease, rental or
other provision for the occupancy of any dwelling unit or by the addition
of one (1) or more persons to the number of residents of a dwelling
unit except by birth, death, legal custody or foster care.
A document which states the names, ages, relationships and
number of occupants of a dwelling unit which does not comply with
all of the provisions of this Chapter. It is issued only under specified
circumstances for a limited, specified length of time.
A space, other than a yard, on the same lot as a building
and open both to the sky and at least on one (1) side.
INNER COURTA court not extending to a street or yard.
OUTER COURTA court extending to a street or yard.
The elevation of the street grade as fixed by competent authority.
In reference to a building, it means that point of the street grade
that is opposite the center of the wall nearest to and facing the
street line of the street having the highest grade.
The department, bureau, division, agency or person charged
with the enforcement of this Chapter.
The condition or appearance of a building or part thereof
or other structure characterized by breaks, holes, rot, crumbling,
cracking, peeling, rusting or other evidence of physical decay or
neglect, excessive use or lack of maintenance.
Any building which is wholly or partly used or arranged,
designed or intended to be occupied or used for living and/or sleeping
by one (1) or more human occupants.
A building containing not more than one (1) dwelling unit
occupied exclusively for residential purposes.
A building containing two (2) dwelling units occupied exclusively
for residential purposes.
A living unit containing two (2) or more habitable rooms
with provisions for living, cooking, eating, sanitary and sleeping
facilities arranged for the use of one (1) family. See definition
of "STUDIO UNIT".
The official designated by the Board of Alderpersons or otherwise
charged with the responsibilities of administering this Chapter or
his/her authorized representatives.
A way of departure from the interior of a building or structure
to the exterior at street or grade, including doorways, passageways,
hallways, corridors, stairways, ramps, fire escapes and all other
elements necessary for egress or escape.
Objects which are added to a structure for aesthetic or functional
purposes. These include, but are not limited to, screens, awnings,
trellises, television antennas, storm windows and storm doors.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poisoning,
spraying, fumigating, trapping; or by any other recognized and legal
pest elimination methods approved by the Sanitation Commissioner of
this municipality.
A group of two (2) or more persons related by blood, marriage
or adoption and not more than one (1) unrelated person or a group
of not more than three (3) persons not related by blood or marriage
and the children thereof living together.
An accessory or independent structure forming a barrier at
grade between lots, between a lot and a street or an alley, or between
portions of a lot or lots.
Any housing unit used to provide living quarters for any
fraternity, sorority, or similar social or academic organization.
All putrescible animal or vegetable wastes resulting from
the handling, preparation, cooking and consumption of food.
When a curb level has been established, means curb level.
When a curb level has not been established or when the natural ground
surface is at a different level than the curb level, means with respect
to a building, the average ground elevation adjoining the building.
A trough under an eave to carry off water.
Any structure or part thereof that shall be used as a dwelling
by one (1) or more persons.
A room occupied by one (1) or more persons for living, eating
or sleeping, including kitchens serving individual households or apartments,
but not including bathrooms, water closet compartments, laundries,
serving and storage pantries, corridors, cellars, rooms for mechanical
equipment for service in the building, and similar spaces that are
not used frequently or during extended periods, and not including
kitchenettes of less than seventy (70) square feet of floor area.
The presence of insects, rodents, vermin or other pests within
or contiguous to a structure or premises.
Any vehicle, including a trailer, which is rusted, wrecked,
discarded, dismantled, partly dismantled, inoperative or abandoned
for a period of ten (10) days.
A space seventy (70) square feet or more in floor area used
for cooking or preparation of food which contains a sink and adequate
space for installing cooking and refrigeration equipment and for the
storage of cooking utensils.
A space less than seventy (70) square feet in floor area
used for cooking or preparation of food which contains a sink and
adequate space for installing cooking and refrigeration equipment
and for the storage of cooking utensils.
A portion or parcel of land considered as a unit, vacant
or dedicated to a certain use or occupied by a building or group of
buildings that are united by a common interest or use and customary
accessories and open spaces belonging to the same.
Any person who has charge, care or control of a building
or part thereof which is let or offered for occupancy.
Occupancy of a building in part for residential use and in
part for some other use not accessary thereto.
A dwelling which is designed or intended to be occupied or
is occupied as a temporary or permanent residence or home of two (2)
or more families living independently of each other.
A room within a dwelling, including, but not limited to,
such as a bathroom, water closet compartment, laundry, serving and
storage pantry, corridor, cellar and similar space, that is not used
frequently or during extended periods and a kitchenette of less than
seventy (70) square feet in floor area.
A document which states the names, ages, relationships and
number of occupants of a dwelling unit, and that the occupancy complies
with all of the provisions of this Chapter.
Any person living and sleeping in a dwelling unit or having
actual possession of said dwelling.
That part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
Any person who is the proprietor of a multiple dwelling or
rooming house. Such person need not be the owner of the premises of
which he/she is the operator.
Any person, firm or corporation who alone, jointly or severally
with others shall be in actual possession of, or have charge, care
or control of any dwelling or dwelling unit within the municipality
as owner, employee or agent of the owner or as trustee or guardian
of the estate of person of the title holder, and such person shall
be bound to comply with the provisions of this Chapter to the same
extent as the owner.
A corporation, firm, partnership, association, organization
and any other group acting as a unit as well as any individual. It
shall also include an executor, administrator, trustee, receiver or
other representative appointed according to law. Whenever the word "person" is used in any Section of this Chapter prescribing
a penalty or fine as to partnerships or associations, the word shall
include the partners or members thereof, and as to corporations shall
include the officer, agents or members thereof who are responsible
for any violation of such Section.
All of the following facilities and equipment: gas pipes,
gas-burning equipment, water pipes, toilets, sinks, installed dishwashers,
lavatories, bathtubs, shower baths, installed clothes washing machines,
catch basins, drains, vents, and any other similar fixtures together
with all connections to water, sewer or gas lines.
Water which is approved for drinking, culinary and domestic
purposes.
A lot, plot or parcel of land or any part thereof including
any and all buildings or structures thereon.
A hallway, corridor or passageway for ingress into and/or
egress from a dwelling not within the exclusive control of one (1)
family or dwelling unit.
Space within a residential building for public use such as,
but not limited to, lobbies, lounges, reception, ball, meeting, storage,
lecture and recreation rooms, banquet and dining rooms and their kitchens
and swimming pools.
All cardboard, plastic, metal or glass, food containers,
waste paper, rags, sweepings, small pieces of wood, excelsior, rubber,
leather and similar waste material that ordinarily accumulates around
a home, business or industry.
To restore to a sound and acceptable state of operation,
serviceability or appearance. Repairs shall be expected to last approximately
as long as would the replacement by new items.
To remove an existing item or portion of a system and to
construct or install a new item of similar or improved quality as
the existing item when new. Replacement will ordinarily take place
when the item is beyond repair.
A multiple dwelling used for the purpose of furnishing lodging,
with or without meals, for compensation.
A room or group of rooms forming a single habitable unit
used or intended to be used for lodging exclusively.
Non-putrescible solid wastes of both combustible and non-combustible
wastes.
Liquid waste containing animal or vegetable matter in suspension
or solution and which may include industrial wastes and liquids containing
chemicals.
Any room in any dwelling unit used for sleeping including
any bedrooms.
Anything constructed or erected which requires location on
the ground or is attached to something having location on the ground
including a fence or freestanding wall. A sign, billboard or other
advertising medium, detached or projecting, shall be construed to
be a structure.
A living unit containing one (1) habitable room with provisions
for living, cooking, eating and sleeping facilities arranged for the
use of one (1) family. See definition of "DWELLING UNIT".
All structures which do not conform to the minimum standards
established by this Chapter or any other ordinance.
Paid for, installed, furnished and/or provided by or under
the control of the owner or operator.
An enclosed space containing a minimum of one (1) water closet
and one (1) lavatory. It may also contain additional plumbing fixtures
serving similar purposes. See definition of "BATHROOM".
Any building or part thereof situated within one (1) or more
residential zoning districts or within one thousand (1,000) feet of
any residential zoning districts which remains unoccupied with doors,
windows or other openings broken, removed, boarded or sealed up or
any building under construction upon which little or no construction
work has been performed during the preceding thirty (30) days.
Supply and removal of air to and from a space by natural
or mechanical means.
Ventilation by power-driven devices.
Ventilation by opening to outer air through windows, skylights,
doors, louvers or stacks with or without wind-driven devices.
A document granting permission for a person or persons not
listed on the occupancy permit to cohabit a property with the registered
occupant(s) for a limited period of time.
An open space on the same lot as a building or structure
located between the main building and the adjoining lot line and/or
street line. The measurement of a yard shall be the minimum horizontal
distance between the lot line and the building or structure.
[Ord. No. 246 §2, 8-19-1980]
A.Â
It shall
be unlawful for any person to occupy as owner-occupant or to let or
hold out to another for occupancy any dwelling unit for the purpose
of living, sleeping, cooking or eating which is not safe, clean and
fit for human occupancy and which does not comply with the particular
requirements of this Chapter.
B.Â
This
Chapter shall apply to premises within the City as follows:
1.Â
Lots,
plots or parcels of land which are vacant or upon which buildings
used for dwellings, mixed occupancy, commercial, industrial or storage
uses, whether occupied or vacant, are located.
2.Â
Residential
building, including private dwellings and multiple-dwellings, unless
specifically excluded.
3.Â
Buildings
of mixed occupancy, occupied in whole or in part.
4.Â
Commercial,
industrial and storage buildings.
5.Â
Vacant
residential, mixed occupancy, commercial, industrial and storage buildings.
6.Â
Residential,
mixed occupancy, commercial, industrial and storage buildings which
are under construction or demolition, including buildings not completed,
to the extent that a nuisance or practice exists or is being carried
out, which is a disturbance to the public health, safety or welfare.
7.Â
Accessory
structures accessory to dwellings, commercial, industrial or vacant
buildings.
C.Â
This
Chapter shall exclude institutional buildings and public buildings
and their accompanying yards. It shall exclude public streets and
right-of-way.
[Ord. No. 246 §3, 8-19-1980]
Installation, alterations and repairs to buildings and materials,
assemblies and equipment utilized in connection therewith shall be
in conformity with the applicable provisions of the Building Code
which shall include the BOCA Structural Code and the BOCA Mechanical
Code; the Plumbing Code, including the Plumbing Code of St. Louis
County; the Electrical Code, including the Electrical Code of St.
Louis County including the National Electrical Code; the Fire Prevention
Code; and the Zoning Ordinance of the City and with any other applicable
State or local law, ordinance or regulation issued by authority thereof
and enforced by the Enforcement Official.
[Ord. No. 246 §4, 8-19-1980]
Scope. This Chapter establishes minimum standards
for dwellings, dwelling units and accessory structures and does not
replace or modify standards otherwise established for the construction,
replacement or repair of buildings except such as are in conflict
with the provisions of this Chapter. In any case where a provision
of this Chapter is found to be in conflict with a provision of any
zoning, building, fire, safety or health ordinance or code of this
municipality existing on the effective date of this Chapter, the provision
which establishes the set standard for the promotion and protection
of the safety and health of the people shall prevail.
[Ord. No. 246 §6, 8-19-1980]
A.Â
General Requirements. Buildings occupied in whole or in
part as defined in this Chapter shall comply with the requirements
hereinafter set forth concerning occupancy, size, light and ventilation
in order to provide a safe and healthful environment.
B.Â
Space And Use Requirements Within Buildings. Every dwelling
unit shall contain a minimum gross floor area of not less than two
hundred (200) square feet for the first (1st) occupant, three hundred
(300) square feet for two (2) occupants, and one hundred (100) square
feet for each additional occupant. The floor area shall be calculated
on the basis of the total area of all habitable floor space. The floor
area shall be based upon the area of habitable rooms contained within
the living unit, exclusive of utility and storage rooms, halls, closets,
porches, any connecting spaces, and any other areas defined as non-habitable
elsewhere in this Chapter. Any area in a habitable room which has
a ceiling height of less than five (5) feet shall not be counted or
included in the computation of the space.
1.Â
Studio units. Every studio unit shall have at least one
hundred twenty (120) square feet of habitable floor space for the
first (1st) occupant plus seventy (70) square feet of habitable floor
space for each additional occupant. Each studio unit shall contain
one (1) habitable room with at least one hundred twenty (120) square
feet of floor area and a minimum horizontal dimension of eight (8)
feet. Any additional habitable rooms shall have a minimum floor area
of seventy (70) square feet and a minimum horizontal dimension of
seven (7) feet.
2.Â
Sleeping rooms. No room in any dwelling unit shall be used
for sleeping purposes, unless there is a minimum habitable floor space
of seventy (70) square feet for one (1) occupant or a minimum habitable
floor space of fifty (50) square feet for each occupant if more than
one (1).
3.Â
Ceiling height. Habitable rooms shall have a clear ceiling
height over the minimum area required of at least six and one-half
(6½) feet. Attics or top half stories calculated as habitable
rooms shall have a clear ceiling height of at least six and one-half
(6½) feet over at least one-third (€) of the floor area.
Only those portions of the floor area of such rooms having a clear
ceiling height of five (5) feet or more may be included in calculating
habitable area.
4.Â
Prohibited uses. It shall be prohibited to use for sleeping
purposes any non-habitable space or room or public space or to use
as a bedroom any room which must be passed through to gain access
to any other habitable or frequently used portion of the dwelling.
5.Â
Basements and cellars. Every basement and cellar shall be
maintained in a safe and sanitary condition. Water shall not be permitted
to accumulate or stand on the floor. All sewer connections shall be
properly trapped. All cellar and slab drains shall be covered with
grating. Junk, rubbish and waste shall not be permitted to accumulate
to such an extent as to create a fire hazard or to endanger health
or safety.
6.Â
Basement dwelling units. No room in any basement shall be
occupied as a habitable room unless:
7.Â
Basement rooms. It shall be unlawful for any person to use
or permit any room in any basement to be used to satisfy the habitable
room requirements of this Chapter, unless such room meets all the
applicable requirements of this Chapter, particularly including space
requirements and with regard to ventilation, and meets the following
additional requirements:
8.Â
Foundation, exterior walls and roofs. The foundation, exterior
walls and roof shall be watertight and protected against rodents and
shall be kept in sound condition or repair and shall be free of any
other condition which admits rain or dampness to the interior portions
of the building. The foundation walls shall adequately support the
building at all points. All exterior surface material must be treated,
painted in a workmanlike manner, or otherwise maintained in a sound
condition. Roof drainage shall be adequate to prevent rainwater from
causing dampness in the walls. All cornices, rustications, quoins,
moldings, belt courses, lintels, sills, oriel windows, pediments,
gutters and similar projections shall be kept in good repair and free
from defects and deterioration which make them hazardous and dangerous
or which make them a nuisance.
[Ord. No. 246 §7, 8-19-1980]
A.Â
Generally. Heating facilities and their accompanying chimneys,
flues or stacks are to be installed in compliance with this Code and
other ordinances of the City and be maintained in good order and repair
so that they are capable of safely and adequately providing heat to
enclosed spaces which are or may be normally occupied. Doors, windows
and other parts of a building shall be constructed and maintained
so as to prevent abnormal heat losses. Heating facilities utilizing
gas as a fuel shall have a readily available shutoff valve provided
at or near the source of supply to the facility.
B.Â
Dwellings. Heating facilities shall be provided to safely
and adequately maintain heat in all habitable rooms, bathrooms, kitchenettes,
toilet rooms or compartments within the walls of a dwelling to a temperature
of at least sixty-eight degrees Fahrenheit (68°F) at a distance
of three (3) feet and more from the exterior walls and at a level
of five (5) feet above the floor level. The capability of such heating
equipment shall be based upon an outside temperature of zero degrees
Fahrenheit (0°F).
C.Â
Room Heaters. No room heater shall be placed so as to cause
a fire hazard to walls, curtains, furniture, open doors and to the
free movements of persons within the room where the heater is located.
Room heaters utilizing gas as a fuel shall be connected to the supply
with either rigid pipe, approved flexible metal tubing and fittings
or with semi-rigid tubing and fittings. Room heaters utilizing electric
energy as a power source shall be of a type approved by the Underwriters
Laboratories, Inc. both as to their assembly and as to their component
parts. Room heaters utilizing liquid or solid fuels must be of an
approved size and type and must be installed in an approved manner
in accordance with the requirements of State and local ordinance.
[Ord. No. 246 §8, 8-19-1980]
A.Â
Halls, Stairways, Bathrooms, Etc. At least ten (10) foot-candles
of light at a level of thirty (30) inches above the floor, tread or
landing shall be provided in artificial light in all public halls
and stairways. Such artificial light shall be made available to all
tenants and guests and shall be connected to the owner's meter. Artificial
lighting shall also be made available at the exterior of entrance
and exit doors. Every bathroom, toilet room, laundry room and furnace
room shall contain at least one (1) ceiling or wall type fixture.
B.Â
Natural Lighting. All habitable rooms except as otherwise
provided in this Chapter, shall be provided with a means of transmitting
natural light from outside complying with the following requirements.
1.Â
The
required clear glass area shall be not less than one-tenth (1/10)
of the floor area of such room and not less than seven (7) square
feet. The effective area shall be computed at not more than eighty
percent (80%) of the actual area when a required natural light area:
a.Â
Faces
a wall or other obstruction at a distance of less than ten (10) feet.
b.Â
Is
located below a roof or other obstruction projecting more than four
(4) feet from the face of the window or other natural light area and
the plane from the head to the outside of such projection forms an
angle with the horizontal of less than forty-five degrees (45°).
2.Â
Whenever
a habitable room has a natural light area opening from the room to
an enclosed porch, such area shall not be counted as required light
area unless the enclosed porch has a natural light area of not less
than three (3) times the required light area opening from the room
to the porch.
C.Â
Window Leading To Porches. Whenever the natural light area
opening from a habitable room is to an enclosed porch, such area shall
not be counted as a required light area unless the enclosed porch
has a natural light area of a least thirty percent (30%) of the floor
area of the room in question.
[Ord. No. 246 §9, 8-19-1980]
A.Â
Every
dwelling unit shall have supplied water heating facilities which are
properly installed including appropriate safety devices (such as combination
pressure/temperature relief valve and energy cutoff devices) that
are maintained in a safe and good working condition, capable of heating
water to a temperature as to permit an adequate amount of water to
be drawn at every required kitchen sink, lavatory basin, bathtub or
shower at a temperature of not less than one hundred twenty degrees
Fahrenheit (120°F) unless an automatic dishwasher is in use in
which case the minimum shall be one hundred forty degrees Fahrenheit
(140°F). A disconnect coupling shall be installed on all gas type
water heaters with a shutoff valve installed in the line prior to
the disconnect and within easy sight of the water heater.
B.Â
Water Supply And Sinks.
1.Â
Each
dwelling shall be provided with a potable water supply servicing all
required plumbing fixtures, devices and appurtenances in sufficient
volume and at pressures adequate to enable them to function satisfactorily
and without undue noise under normal conditions and without any leaks
or other signs of disrepair.
2.Â
There
shall be at least one (1) kitchen sink installed and maintained in
good, clean operation in every dwelling unit and studio unit.
3.Â
Every
kitchen sink, lavatory, bathtub or shower required by this Chapter
or other law or ordinance shall be supplied with both hot and cold
water properly connected to a supply of potable water.
[Ord. No. 246 §10, 8-19-1980]
A.Â
Number And Location. In one-family dwellings, there shall
be at least one (1) bathroom located within the dwelling. In two (2)
or more family dwellings, each dwelling unit shall have at least one
(1) bathroom located within each unit. For studio units, there shall
be at least one (1) bathroom within each unit. For all dwelling units,
there shall be at least one (1) bathroom for each five (5) persons
or a bathroom and a toilet room for seven (7) persons. Two (2) bathrooms
will serve up to nine (9) persons.
B.Â
Arrangements. One (1) bathroom in all dwelling units shall
be accessible from any sleeping room without passing through any other
sleeping room. Toilet rooms and bathrooms within dwelling units and
those in public spaces available for the use of dwelling units, studio
units and rooming units shall have provisions made for privacy.
C.Â
Floors. Shower stalls shall be provided with waterproof
floors and with a wall wainscot made of at least a water-resistant
material and extending to a minimum height of five (5) feet six (6)
inches above the floor level. The floors of toilet rooms and bathrooms
in private dwellings shall be covered, at a minimum, with a moisture-resistant
material. The floors of toilet rooms and bathrooms in multiple dwellings
and in non-residence buildings shall be waterproof, such waterproofing
shall extend six (6) inches or more on the walls above the floors,
except at doors. Floors shall be kept in a dry, clean and sanitary
condition by the occupant.
D.Â
Employee Facilities. Where there are five (5) or more employees
in a multiple dwelling, separate toilet room facilities shall be provided
for them and for each sex. Such facilities shall be readily accessible
to the employees and shall not open directly into any public kitchen
or other public space used for the cooking or preparation of food.
E.Â
Light And Ventilation. Every toilet room and every bathroom
in a building shall be provided with adequate light and ventilation,
either natural or artificial, in accordance with the requirements
of this Chapter.
[Ord. No. 246 §11, 8-19-1980]
A.Â
Generally. Every habitable room shall have natural ventilation
or a mechanical ventilation system adequate for the purpose for which
the room is used.
B.Â
Toilet Rooms, Bathrooms And Kitchens. Every toilet room,
bathroom and kitchen shall have adequate ventilation which may be
either an openable window with an operable area of five percent (5%)
of the floor area, mechanical ventilation, or a gravity vent flue
constructed with incombustible material leading to the roof of the
building, or a combination of any of these. The gravity vent shall
be computed at an aggregate clear area of not less than five percent
(5%) of the floor area of the room with a minimum area of at least
one hundred twenty (120) square inches. Gravity vents shall be provided
with a weather cap, directional vane or rotary type ventilation on
the roof.
C.Â
Adequacy. A ventilating system maintained in a safe and
good working condition which provides a complete change of air for
the bathroom or water closet compartment every fifteen (15) minutes
shall meet the requirements of this Section.
[Ord. No. 246 §12, 8-19-1980]
A.Â
Installation And Maintenance. All plumbing fixtures, water
supply lines, sewer lines and waste disposal systems and their appurtenances
shall be properly installed in accordance with the requirements of
the Plumbing Code of St. Louis County and the City. They shall be
maintained in a safe, sanitary and operating condition free from defects,
leaks and obstructions.
B.Â
Responsibility Of Occupants And Owner Of Premises. Every
occupant of premises shall be responsible for the exercise of proper
care and cleanliness in the use and operation of all plumbing fixtures,
sanitary facilities, appliances and equipment therein. This liability
on the part of the occupant shall not relieve the owner of the responsibility
of remedying any defect, nor of any other liability imposed upon the
owner by law, but it shall subject the occupant to the penalties of
this Chapter upon proof of any willful or malicious act he/she has
performed.
[Ord. No. 246 §13, 8-19-1980]
A.Â
Generally. Electrical fixtures, devices, wiring and systems
existing shall be maintained in a safe working condition and in a
manner which will avoid a potential source of ignition or shock and
shall be properly connected to a reasonable, adequate source of electrical
power. Any old, deteriorated, unused or unapproved materials and equipment
shall be removed or replaced, as may be required, with approved materials
and equipment. Existing electrical installations or systems shall
further be installed in accordance with approved National Electrical
Code and any other State, County or local standards in force at the
time of installation. Any alterations, major repairs or additional
installations shall comply with the requirements of the National Electrical
Code and the Building Code in existence at the time the work is performed.
Fixed wiring, equipment, fixtures and devices shall be firmly secured
to the surface on which mounted. Electrical wiring and equipment shall
be protected against excessive current demands by properly rated over-current
devices installed in approved locations. All panel boards shall be
kept free from encumbrances and shall be accessible at all time.
B.Â
Additional Residential Requirements.
Dwelling units. Each dwelling unit less than
five hundred (500) square feet shall have at least one (1) fifteen
(15) ampere circuit. For each additional eight hundred (800) square
feet or fraction thereof, one (1) additional fifteen (15) ampere circuit
shall be provided. Any living unit containing one (1) or more of the
following or similar major electric appliances: electric range, electric
powered washing machine, dishwasher or garbage disposal shall have
separate circuits of adequate size and capacity to provide for such
equipment.
C.Â
Minimum Requirements. The following shall be considered
as absolute minimum requirements: In dwelling units where the electrical
service is less than a sixty (60) ampere circuit, the service shall
be replaced by a minimum size service of one hundred (100) amperes.
D.Â
Kitchen Area. Every kitchen area shall have a minimum of
two (2) grounded type grounded outlets and all outlets located above
or near a sink shall be grounded type and shall be grounded.
E.Â
Laundry Area. Every laundry area shall contain at least
one (1) grounded type convenience outlet of twenty (20) ampere rating.
F.Â
Extension Cords. Extension cords which are not part of a
fixture shall not be permitted on a permanent or semi-permanent basis
as part of the house wiring.
G.Â
Additional Requirements For Hazardous Locations. Electrical
installations or systems located in hazardous locations shall comply
with the current National Electrical Code for the particular location
and use.
H.Â
Exceptions. The Enforcement Officer may request other repairs,
alterations, removal of any additional wiring, equipment, safety controls
or methods when he/she deems it necessary to assure safety to the
occupants or users. He/she may further modify the requirements of
this Section for a particular location when, in his/her opinion, reasonable
and adequate safety is assured by a different but equally safe installation.
I.Â
Hazards Defined. In addition to the hazards established
by the Enforcement Official, the following installations are prohibited
and their presence shall be deemed a hazard:
1.Â
Flush
or semi-flush mounted floor convenience outlets, unless provided with
an approved water-proof cover.
2.Â
Extension
cords for other than short-term, temporary use.
3.Â
Conductor
supported pendant switches or conductor supported light fixtures,
unless bearing the current Underwriters' Laboratory approval.
4.Â
Loose
or hanging wires.
5.Â
Frayed
or bare wires.
6.Â
Inadequately
grounded, grounded type convenience outlets.
[Ord. No. 246 §14, 8-19-1980]
There shall be for each dwelling unit, studio unit and rooming
unit a separate access to a hallway, landing, stairway or street.
[Ord. No. 246 §15, 8-19-1980]
All courts, yards or other areas on the premises of each building
shall be properly graded and drained.
[Ord. No. 246 §16, 8-19-1980]
Every supplied facility, fixture, system, piece of equipment
or utility and every chimney and chimney flue shall be maintained
in a safe, sound and sanitary working condition consistent with the
requirements of this Chapter.
[Ord. No. 246 §17, 8-19-1980]
A.Â
In every
multiple dwelling over one (1) story in height, every apartment, dwelling
unit and rooming unit that does not have direct exit to a street shall
have access to at least one (1) additional exit separate from and
independent of the primary interior stairway or fire tower as may
be required by the Building Code.
B.Â
A safe,
continuous and unobstructed exit shall be provided from the interior
of a building to the exterior at grade or street level. Exits shall
be so arranged, constructed and maintained that occupants may escape
safely from the building in the event of an emergency. Stairs, both
interior and exterior, shall be of sufficient width, as determined
by the Building Code, so as to serve the number of occupants to be
accommodated. Adequate railings or guards shall be provided on all
open portions of stairs, balconies, landings and stairwells.
C.Â
In any
building, any floor area maintained in a vacant status or about to
become vacant is to have at least one (1) access thereto which meets
the approval of the Enforcement Official.
[Ord. No. 246 §18, 8-19-1980]
No automobile, motor home, mobile home or trailer shall be used
for residence purposes in the City for a period longer than forty-eight
(48) hours, unless a permit for such use shall be obtained from the
Board of Alderpersons. Such permit shall not be granted unless the
automobile or trailer shall be provided with adequate water closets
properly lighted and ventilated, which shall be connected with the
public water service and sanitary sewer, and unless the location of
the trailer, motor home, mobile home or automobile shall conform with
the provisions of the Zoning Ordinance.
[Ord. No. 246 §19, 8-19-1980; Ord. No. 389 §1, 12-17-1996; Ord. No. 624 §1, 2-21-2012]
A.Â
Generally. Residential, commercial and industrial buildings,
whether occupied or vacant, and accessory structures shall be maintained
in conformity with the provisions of this Chapter so as to assure
the desirable character of the property.
B.Â
Open Areas.
1.Â
Drainage. Surface and subsurface water shall be appropriately
drained to protect buildings and structures and to prevent the development
of stagnant ponds. Gutters, culverts, catch basins, drain outlets,
stormwater sewers, approved combined storm and sanitary sewers or
other satisfactory drainage systems shall be utilized where necessary.
No roof, surface or sanitary drainage shall create a structural, safety
or health hazard by reason of construction, maintenance or manner
of discharge.
2.Â
Fences and other minor construction. Shall be maintained
in a safe and substantial condition.
3.Â
Paved areas. Steps, walks, driveways, parking spaces and
similar paved areas shall be maintained so as to afford safe passage
under normal use and weather conditions. Any holes or other hazards
that may exist shall be filled or necessary repairs or replacement
carried out.
4.Â
Yards, courts and vacant lots. All yards shall be covered
with adequate lawn (not to exceed six (6) inches in height), ground
cover or vegetation, hedges or bushes. All areas which are not covered
by lawn or vegetation shall be treated to prevent dust or the blowing
or scattering of dust particles into the air. All trees, bushes or
vegetation which overhang or screen a public thoroughfare shall be
properly trimmed to avoid obstruction of the view and movements of
vehicles and pedestrians. Hazardous dead trees and shrubs shall be
promptly removed.
C.Â
Infestation. Each dwelling and all exterior appurtenances
on the premises shall be adequately protected against insects, rats,
mice, termites, and other vermin infestation. Building defects which
permit the entrance of insects, rats, mice, termites and other vermin
shall be corrected by the owner. Tenants shall be responsible for
the elimination of rodents and vermin from that part of the premises
under their exclusive control except when more than one (1) unit is
infested at the same time and in this instance the owner shall be
responsible for elimination of the infestation.
D.Â
Plant Growth. Heavy undergrowth and accumulations of plant
growth which are obnoxious or detrimental to health shall be eliminated.
Lawns, yards or other premises bearing grass or combinations of grass
and weeds or weeds shall be cut to a height not to exceed six (6)
inches. Any trees or portions thereof located on private property
and constituting a hazard to persons or property shall be removed.
E.Â
Junked Vehicles. A junked, disassembled or partially disassembled
vehicle or any part thereof may not be parked, stored or left in the
open unless it is necessary for the operation of a business enterprise
lawfully situated on private property. Any other junked, disassembled
or partially disassembled vehicle or any part thereof must be relocated
to a completely enclosed location or otherwise removed from the property.
F.Â
Maintenance Generally. Buildings and structures shall be
maintained in such condition that they shall not become an unoccupied
hazard as defined in this Chapter.
G.Â
Floors, Interior Walls And Ceilings. Every floor, interior
wall and ceiling shall be adequately protected against the passage
and infestation of vermin and rodents and shall be kept in sound condition
and good repair. Every interior wall and ceiling shall be free of
large cracks and holes and shall be free of loose plaster or other
structural or surface deterioration. Every toilet room and bathroom
floor surface shall be impervious to water and be capable of being
maintained easily in a clean and sanitary condition. Toxic paint and
materials shall not be used or stored where readily accessible to
children.
H.Â
Windows, Doors And Hatchways. Every window, exterior door
and basement hatchway shall be substantially tight and shall be kept
in sound condition and repair. Every window shall be fully supplied
with window panes which are without cracks or holes. Every window
sash shall be in good condition and fit reasonably tight within its
frame. Every window, other than a fixed window, shall be capable of
being easily opened and shall be held in position by window hardware.
Every exterior door, door hinge and door latch shall be in operable
condition. Every exterior door, when closed, shall fit reasonably
well within its frame. Every window, door and frame shall be constructed
and maintained in such relations to the adjacent wall construction
as to completely exclude rain and substantially to exclude wind from
entering the dwelling. Every basement hatchway and window shall be
so constructed, screened or maintained as to prevent the entrance
of rodents, rain and surface drainage water into the building. Every
window which is capable to being opened shall be supplied with either
a screen of not less than sixteen (16) mesh per inch or a storm window.
I.Â
Exterior Appurtenances. Exterior appurtenances including,
but not limited to, screens, awnings, gutters, trellises, television
antennae, storm windows and storm doors, shall be installed in a safe
and secure manner and shall be maintained in sound condition.
J.Â
Stairways And Porches. Every stairway, inside or outside
of the dwelling, and every porch shall be kept in a safe condition
and sound repair.
[Ord. No. 246 §20, 8-19-1980]
A.Â
Generally. Adequate sanitary facilities and methods shall
be used for the collection, storage, handling and disposal of garbage
and refuse in accordance with the provisions of the ordinances of
the City. In multiple dwellings, it shall be prohibited to store or
accumulate garbage or refuse in public halls and stairways.
B.Â
Abandonment Of Refrigerators, Etc. No refrigerator may be
discarded, abandoned or stored in a place accessible to children without
first removing any locking devices or the hinges of the doors. Abandonment
of any appliance or other refuse on public or private property not
belonging to the owner of the refuse or in any place generally visible
to the public or in violation of any State, County or local sanitation
laws is prohibited.
[Ord. No. 246 §21, 8-19-1980]
A.Â
Obstruction Or Disrepair Not Permitted. Accessory structures
shall not obstruct light and air of doors and windows of any dwelling
unit or obstruct a safe means of access to any dwelling unit or create
fire and safety hazards or provide rat or vermin infestation. Accessory
structure shall be functional and shall be maintained in a state of
good repair and alignment. All structures must have verminproof floors.
B.Â
Removal Of Non-Functioning Structures. All exterior appurtenances
or accessory structures which serve no useful purpose and are in a
deteriorated condition which are not economically repairable shall
be removed. Such structures shall include, but not be limited to,
porches, terraces, entrance platforms, garages, driveways, carports,
walls, fences, miscellaneous sheds and sidewalks.
[Ord. No. 246 §22, 8-19-1980]
All buildings, dwellings, dwelling units, studio units, multiple
dwellings, rooming units, rooming houses, yards, courts, open areas
and vacant lots which are in violation of this Chapter are hereby
declared to be a nuisance and shall be abated by being corrected,
made sanitary, repaired, vacated or demolished in accordance with
the orders of the Enforcement Official.
[Ord. No. 246 §23, 8-19-1980; Ord. No. 389 §2, 12-17-1996]
A.Â
The term "nuisance", as used in this Code or in any other ordinance of the City shall be construed to embrace any violation of this Code, including, but not limited to, Sections 515.010 through 515.340 inclusive of this Chapter, and shall further be construed to embrace whatever is dangerous to human life or detrimental to the public health or welfare and shall include, but not be limited to:
1.Â
A public
nuisance as known as common law, statutory law or in equity jurisprudence,
and
2.Â
A building,
structure, one-family dwelling, two-family dwelling, multiple dwelling,
rooming house, commercial building, industrial building, storage building
or vacant area, or any combination thereof that is in violation of
the Chapter, the Electrical Code, the Building Code or Plumbing Code
of the City, or in violation of any other State or local law, ordinance
or regulation.
3.Â
All
such nuisances are hereby declared to be unlawful.
[Ord. No. 246 §24, 8-19-1980]
A.Â
Occupants
of dwelling units, studio units and rooming units shall be responsible
for compliance with this Chapter in regard to the following:
1.Â
Limiting
occupancy of that part of the premises which he/she occupies or controls
to the maximum permitted by this Chapter.
2.Â
Maintenance
of that part of the premises which he/she occupies or controls in
a clean, sanitary and safe condition.
3.Â
Maintenance
of all plumbing, cooking and refrigeration fixtures and appliances,
as well as other building equipment and storage facilities, in that
part of the premises which he/she occupies or controls in a clean
and sanitary condition and providing reasonable care in the operation
and use thereof.
4.Â
Keeping
exits from his/her dwelling unit, studio unit or rooming unit clear
and unencumbered.
5.Â
Disposal
of garbage and refuse into provided facilities in a clean and sanitary
manner in accordance with the provisions of this Code and other City
ordinances.
6.Â
Extermination
of insects, rodents or other pests within his/her dwelling unit, studio
unit or rooming unit.
7.Â
Maintaining
of yards, lawns and courts in a clean, sanitary and safe condition
and free from infestation, refuse and rubbish insofar as such occupant
occupies or controls such yards, lawns and courts or any parts thereof.
8.Â
The
installation and removal of required screens.
9.Â
Keeping
his/her domestic animals and pets in an appropriate manner and under
control.
10.Â
Elimination
of all prohibited uses as set forth in this Chapter for that part
of the premises which he/she occupies or controls or to which he/she
has accessibility.
[Ord. No. 246 §25, 8-19-1980]
A.Â
Owners
of premises shall be responsible for compliance with the provisions
of this Chapter and shall remain responsible therefore regardless
of the fact that this Chapter may also place certain responsibilities
on operators and occupants and regardless of any agreements between
owners and operators or occupants as to which party shall assume such
responsibility.
B.Â
Owners
and operators of multiple dwellings shall be responsible for proper
installation, maintenance, condition and operation of service facilities
and for furnishing adequate heat and hot water supply where they had
contracted to do so.
C.Â
Whenever
any person shall be in actual possession of or have charge, care or
control of any property within the City as executor, administrator,
trustee, guardian, operator or agent, such person shall be deemed
and taken to be the owner of such property within the true intent
and meaning of this Chapter and shall be bound to comply with the
provisions thereof to the same extent as the record owner; and notice
to any such person or any order or decision of the Enforcement Official
shall be deemed and taken to be a good and sufficient notice as if
such person were actually the record owner of such property. In instances
where an occupant is responsible or shares responsibility with the
owner for the existence of one (1) or more violations of the Chapter,
such occupant shall be deemed and taken to be an owner within the
true intent and meaning of this Chapter.
[Ord. No. 246 §26, 8-19-1980]
Rooming houses and fraternities shall be prohibited within the
City.
[Ord. No. 246 §27, 8-19-1980]
A.Â
Enforcement Official. It shall be the duty and responsibility
of the Enforcement Official and his/her delegated representatives
of the municipality to enforce the provisions of this Chapter. No
order for correction of any violation under this Chapter shall be
issued without the approval of the Enforcement Official.
B.Â
Registration Of Listings. Prior to offering for sale or
rent, or of accepting a listing to sell or rent, any single-family
dwelling unit or any dwelling unit in a two-family structure, the
real estate agent, rental agent or property owner shall register with
the City the address of the property to be offered for sale or rent,
the name and address of the agent if any, and the name of the owner
and shall request an inspection of the said dwelling and pay the required
fee. The City shall be authorized to publish and distribute a list
of dwellings available for sale or rent. The use of any such lists
by any real estate agent or broker to solicit real estate listings
shall be prohibited by this and other City ordinances.
C.Â
Inspections. The Enforcement Official is authorized and
directed to make inspections to determine whether dwellings, dwelling
units, rooming units, accessory structures and premises located within
this municipality conform to the requirements of this Chapter. For
the purpose of making such inspections, the Enforcement Official is
authorized to enter, examine and survey at reasonable times all dwellings,
dwelling units, rooming units, accessory structures and premises.
The owner or occupant of every dwelling, dwelling unit, rooming unit,
accessory structure and its premises shall give the Enforcement Official
access thereto at reasonable times for the purpose of such inspection,
examination and survey.
If any owner, occupant or other person in charge of a structure
subject to the provisions of this Chapter refuses, impedes, inhibits,
interferes with, restricts or obstructs entry and free access to every
part of the structure or premises where inspection authorized by this
Chapter is sought, the Enforcement Official shall send the owner or
occupant written notice of his/her right of entry. The notice shall
set forth the day on which the entry will be sought and the name of
the authorized representative. If the Enforcement Official is refused
access to any said premises after written notice has been sent, the
Enforcement Official may seek, in a court of competent jurisdiction,
an order that such owner, occupant or other person in charge cease
and desist with such interference.
Inspections shall be initiated under the following circumstances:
1.Â
Upon
receipt of a registration that a property is for sale or rent and
upon receipt of such inspection fees as the Board of Alderpersons
of the City of Greendale shall establish by resolution, every single-family
dwelling unit or dwelling unit in a two-family dwelling shall be inspected
by the City for compliance with this Chapter.
2.Â
Upon
notification that repairs or other work required by a previous inspection
have been completed.
3.Â
When,
on the basis of a complaint or his/her personal observation, the Enforcement
Official reasonably suspects that a dwelling unit has code violations
and as such constitutes a health and/or safety hazard.
4.Â
Upon
notification that new construction has been completed.
D.Â
Access By Owner Or Operator. Every occupant of a structure
or premises shall give the owner or operator thereof, or his/her agent
or employee, access to any part of such structure or its premises
at reasonable times for the purpose of making such inspection, maintenance,
repairs or alterations as are necessary to comply with the provisions
of this Chapter.
E.Â
Administrative Liability. Except as may otherwise be provided
by the Statute or local law or ordinance, an officer, agent or employee
of the municipality charged with the enforcement of this Code shall
not render himself/herself personally liable for any damage that may
occur to persons or property as a result of any act required or permitted
in the discharge of his/her duties under this Code. A person who institutes
or assists in the prosecution of a criminal proceeding under this
Code shall not be liable to damages hereunder unbelieving that the
person accused or prosecuted was guilty of any unlawful act or omission.
Any suit brought against any officer, agent or employee of the jurisdiction,
as a result of any act required or permitted in the discharge of his/her
duties under this Code, shall be defended by the legal representative
of the jurisdiction until the final determination of the proceedings
therein.
[Ord. No. 246 §28, 8-19-1980; Ord. No. 364 §1, 2-16-1993; Ord. No. 389 §3, 12-17-1996; Ord. No. 435 §1, 7-20-1990]
A.Â
Scope. Except as otherwise provided, it shall be unlawful
for any person or family to occupy or for any owner or agent thereof
to permit the occupation of any building or dwelling, dwelling unit
or addition thereto or part thereof for any purpose until an occupancy
permit has been issued by the Enforcement Official. The occupancy
permit shall not be issued until all violations of this Chapter have
been brought into compliance. The occupancy permit so issued shall
state that the occupancy complies with all of the provisions of this
Chapter.
B.Â
Transfer Of Ownership — Occupancy Permit.
1.Â
Prior
to any change of ownership or occupancy of any building or dwelling
unit, the owner, lessor or agent shall request the Enforcement Official
to make an inspection of said unit to determine compliance with the
provisions of this Code. If no violations are noted, the Enforcement
Official shall issue a certificate of compliance which shall be valid
for one hundred twenty (120) days from the date of issue unless revoked
by the Enforcement Official for further violations of City ordinances.
2.Â
It shall
be unlawful for the owner, lessor or agent of any building or dwelling
unit to sell, transfer, lease, sublease, rent or otherwise dispose
thereof to another until he/she shall have secured a certificate of
compliance.
a.Â
If
there are violations of this Chapter which must be abated before a
certificate of compliance is issued, it shall be the responsibility
of the seller, lessor or agent to abate these violations.
b.Â
With
the approval of the Enforcement Official, a transferee may assume
responsibility for abating violations of this Code by executing an
affidavit stating his/her assumption of this responsibility and establishing
a date by which this abatement is to be accomplished and by posting
a bond of twenty-five percent (25%) of the estimated cost of abatement
except that the bond shall not be less than twenty-five dollars ($25.00)
or greater than one thousand dollars ($1,000.00). The abatement date
shall have the approval of the Enforcement Official.
c.Â
This
Section shall not apply to transfers of buildings or dwelling units
wherein the transferee executes an affidavit to the Enforcement Official
that the building or buildings on the land so transferred will be
demolished within ninety (90) days of the transfer.
3.Â
It shall
be unlawful for any person to hereafter occupy or for the owner, lessor
or agent to permit the occupancy of any building or dwelling unit
until an occupancy permit has been issued by the Enforcement Official.
Said occupancy permit shall not be issued until all of the following
requirements have been made:
b.Â
An
occupancy permit fee as set by resolution of the Board of Alderpersons
shall have been paid.
c.Â
An
application for such occupancy permit shall have been made. Said application
shall contain the name of the applicant, the names, relationships,
date of birth of the occupants, and any other necessary information
to enable the Building Commissioner to issue a permit. Said application
shall be subscribed and sworn to by the applicant.
|
|
It shall be unlawful for any person to knowingly make any false
statement in his/her application for occupancy as to names, ages,
relationships or number of occupants who will occupy the premises,
or any other information on said application.
|
C.Â
Addition To Occupancy Permit. A permit for additional occupancy
must be obtained for any change in the occupancy of a building or
dwelling unit where a person or persons not already listed on a current
and valid occupancy permit will be occupying that building or dwelling
unit along with the original permit holders. A permit for additional
occupancy may not be issued for any building or dwelling unit for
which an occupancy permit has never before been issued (a regular
occupancy permit along with the required inspection and compliance
is required in this case for these types of changes in occupancy).
A permit for additional occupancy does not require a reinspection
as long as the change in occupancy does not exceed the space requirements
of the City and so long as there is no indication of other violations
of the City codes. The application for the permit for additional occupancy
shall be delivered to the City Clerk along with the fee for such a
permit as set by resolution of the Board of Alderpersons within five
(5) days of such occupancy.
D.Â
Conditional Occupancy Permit. A conditional occupancy permit
may be issued by the Enforcement Official if, in his/her judgment,
any deficiencies in structures covered by this Chapter would not seriously
endanger the health or safety of the occupants or the community, and
provided that the occupant makes an affidavit stating that he/she
will correct deficiencies within a specified time and thus bring the
structure into compliance with the provisions of this Chapter and
by posting a bond guaranteeing such compliance as provided elsewhere
in this Chapter. The occupant may then occupy the building or dwelling
while repairs are being made. At such time as the building or dwelling
complies with all the provisions of this Chapter, an occupancy permit
will be issued as provided above.
E.Â
Visitor Temporary Occupancy Permit. A visitor temporary
occupancy permit must be obtained within five (5) days of occupancy
from the City Clerk for any occupancy of any building or dwelling
unit by any person not listed on the original occupancy permit application
wishing to stay as a visitor of the original occupants for a period
in excess of thirty (30) days. The visitor temporary occupancy permit
may be issued upon verification that the total occupancy will not
exceed the maximum occupancy for that building or dwelling, completion
of the required registration form, payment of the fee for each permit
as determined by resolution of the Board of Alderpersons and so long
as there is no indication of any other violations of any City ordinances.
A visitor temporary occupancy permit shall not require an inspection
of the building or dwelling unit by the Building Inspector except
in those cases where the maximum occupancy of that building or dwelling
unit have not been previously established. It shall be issued for
a period of thirty (30) days and may be renewable once if no other
violations of any City ordinances have occurred within that time period.
No one (1) person (visitor) may be issued visitor occupancy status
for more than sixty (60) days every twelve (12) months. Visitor occupancy
of longer than sixty (60) days shall require a permit for additional
occupancy and inspection if required.
F.Â
Enforcement Procedure — Costs.
1.Â
Whenever the Enforcement Official shall declare that a building, vacant area, lawn, yard or other premises is a nuisance or in violation of this Chapter, the Building Code or Plumbing Code of the City or of any other State or local law, ordinance or regulation enforced by him/her, he/she shall serve or cause to be served a notice or order in the manner prescribed by Sections 515.230 to 515.290, reciting the facts constituting such nuisance or violation, specifying in what respect the building, vacant area, lawn, yard or other premises is a nuisance or in violation of this Chapter, the Building, Electrical or Plumbing Code or of any other State or local law, ordinance or regulation enforced by him/her, and requiring the owner of such building, vacant area, lawn, yard or other premises to rectify or remove such nuisance or violation within fifteen (15) days after service of such notice or order or within such lesser period of time as may be stated in such notice or order where an emergency exists as may be determined by the Enforcement Official. Such notice or order shall provide that if the owner fails to rectify or remove such nuisance or violation within such period for compliance so prescribed, the official may rectify or remove or cause the rectification or removal of such nuisance or violation by cleansing, repairing, vacating, demolishing or by taking such other corrective action deemed necessary and shall notify the owner of his/her right to a hearing as hereinafter provided. The Enforcement Official may grant an extension, provided however, a bond is posted of an amount sufficient to remedy the violations or defects.
2.Â
Whenever
such a notice or order is served, the owner may, within seven (7)
days after such service, request a hearing before the Enforcement
Official or his/her authorized representative, and a hearing shall
be given to such owner within ten (10) days and the period for compliance
shall be extended until the completion of the hearing.
3.Â
The
rules of evidence prevailing in courts of record shall be controlling
in hearings held pursuant to this Section.
4.Â
If such nuisance or violation is not rectified or removed by the owner within the time heretofore prescribed after service of such notice or order, or after an order so to do is entered following a hearing held pursuant to Subsection (2) of this Section, the Enforcement Official shall certify the case to the City Attorney for legal action.
5.Â
The
cost of executing such notice or order for the rectification or removal
of a nuisance or violation shall be assessed to the owner in the manner
prescribed by law.
6.Â
The
term "owner", as used in this Section, shall include
any person directly or indirectly in control of a building, vacant
area, lawn, yard or other premises including, but not limited to,
personal representatives and/or executors of estates for deceased
or incompetent persons, guardians, and persons holding powers of attorney
who have used the said power of attorney with respect to said building,
vacant area, lawn, yard or other premises.
G.Â
Service Of Notices And Orders. Unless an emergency exists,
every notice or order issued by the Enforcement Official pursuant
to this Chapter, relative to a premises, shall be served at least
fifteen (15) days before the time for compliance therewith. It shall
be sufficient service of such a notice or order if it is posted in
a conspicuous place upon the premises affected and a copy thereof
mailed, on the same day it is posted, to the person to whom it is
directed at the address filed by him/her in the City Clerk's Office,
and if his/her address is not so filed in the City Clerk's Office,
such notice shall be sent by certified mail to his/her last known
address or place of residence.
H.Â
Reinspection. At the time when the defects have allegedly
been brought into compliance, the Enforcement Official shall reinspect
the building, dwelling, dwelling unit, rooming unit, accessory structure
and its premises. At this time, he/she shall make a complete inspection
taking particular notice that no violations have come into existence
in the time which has elapsed since the first (1st) inspection.
[1]
Editor's Note — Ord. no. 594 §1, adopted April
14, 2009, repealed section 515.275 "owners to obtain a rental license
before renting or leasing" in its entirety. Former section 515.275
derived from ord. no. 587 §§1 — 7, 9-16-2008.
[Ord. No. 246 §29, 8-19-1980]
A.Â
Placard On Building. The designation of buildings, dwellings
or dwelling units as unfit for human habitation and the procedure
for such declaration and placarding of such unfit buildings, dwellings
or dwelling units shall be carried out in compliance with the following
requirements:
Any building or dwelling unit which shall be found to be so
damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested
that it creates a serious hazard to the health or safety of the occupants
or of the public shall be declared unfit for human habitation and
shall be so designated and placarded by the Enforcement Official when
the person responsible has failed to correct the condition set forth
in a notice issued in accordance with this Chapter.
B.Â
Building To Be Vacated. Any building or dwelling or dwelling
unit condemned as unfit for human habitation, and so designated and
placarded by the Enforcement Official, shall be vacated within a reasonable
time as ordered by the Enforcement Official.
C.Â
Reoccupation Of Building. No building or dwelling or dwelling
unit which has been condemned and placarded as unfit for human habitation
shall again be used for human habitation until written approval is
secured from, and such placard removed by, the Enforcement Official.
The Enforcement Official shall remove such placard whenever the defect
or defects upon which the condemnation and placarding action were
based have been eliminated.
D.Â
Unlawful To Remove Placard. No person shall deface or remove
the placard from any building or dwelling or dwelling unit which has
been condemned as unfit for human habitation and placarded as such
except as provided in the preceding paragraph.
[Ord. No. 246 §30, 8-19-1980]
The owner of every building or dwelling unit or rooming unit
which is declared "unfit for human habitation" for continued occupancy
shall make the dwelling, building or rooming unit safe and secure
under the terms so that it shall not be dangerous to human life and
shall not constitute a fire hazard or public nuisance. Any such vacant
dwelling, open at doors or windows if unguarded, shall be deemed to
be dangerous to human life as a fire hazard and public nuisance within
the meaning of this provision.
[Ord. No. 246 §31, 8-19-1980]
A.Â
Applicability. Every window, glazed exterior door, exterior
transom, or exterior or sidelight shall be provided with properly
installed glass or other approved glazing material. In the event of
breakage, the owner shall cause the immediate removal of broken glass
from the premises and shall temporarily board up the affected openings
with suitable material to provide protection from the elements and
to prevent entry of birds or animals and to provide security to occupants
or contents of the building. Within ten (10) days after the boarding-up,
the owner shall cause the boarding material to be removed, and all
affected openings shall be immediately reglazed by the owner.
B.Â
Provision Of Adequate Lighting And Ventilation. Adequate
ventilation and natural lighting shall be provided for all occupied
dwelling units. Whenever any exterior openings are found boarded-up,
it shall be the duty of the Enforcement Official to notify the owner
or agent of this requirement giving him/her a period of not more than
ten (10) working days in which to properly replace the broken glass
or cause the dwelling unit to be vacated. This notice shall be given
in the manner required by this Chapter. Failure of the Enforcement
Official to provide said notice shall not absolve the owner and occupant
form their responsibilities to make all necessary repairs.
C.Â
Specifications. Since the presence of boarded-up buildings,
particularly those where the boarding is unpainted or applied in an
insecure, careless or unpresentable fashion, invites vandalism and
creates a blighting influence which adversely affects the general
welfare of the people of this municipality, it is hereby required
that all boarding-up of exterior openings be accomplished in a neat
workmanlike manner with not less than one-half (½) inch thick,
weather-resistant plywood cut to fit within the openings fastened
in place as securely as possible. Boarded-up windows and doors must
have color coordinated paint applied to the boarding within five (5)
days of boarding up. It shall be the duty of the Enforcement Official
to notify the owner or agent of any boarded-up dwelling unit not complying
with the above requirements of the necessity of immediate compliance
and ordering him/her to replace the broken glass or repair or replace
the boarding. This notice shall be given in the manner required.
[Ord. No. 246 §32, 8-19-1980]
A.Â
Prosecution. In case any violation of this Chapter is not
remedied within the prescribed time period designated by the Enforcement
Official, he/she shall request the legal representative of the municipality
to institute an appropriate action or proceeding at law against the
person or firm responsible for the failure to comply ordering him/her:
1.Â
To restrain,
correct or remove the violation or refrain from any further execution
of work;
2.Â
To restrain
or correct the erection, installation or alteration of such building;
3.Â
To require
the removal of work in violation;
4.Â
To prevent
the occupation or use of the building, structure or part thereof erected,
constructed, installed or altered in violation of, or not in compliance
with, the provisions of this Chapter or in violation of a plan or
specification under which an approval, permit or certificate was issued;
or
5.Â
To enforce
the penalty provisions of this Chapter.
B.Â
Penalty For Violations. Any owner, occupant, lessee, tenant,
person, firm or corporation who shall violate any provision of this
Chapter shall upon conviction thereof be subject to a fine of not
more than one thousand dollars ($1,000.00). Every day that a violation
continues after due notice has been served, in accordance with the
terms and provisions hereof, shall be deemed a separate offense.
[Ord. No. 246 §33, 8-19-1980]
A.Â
Hearing. Upon failure to commence work of reconditioning
or demolition within the time specified or upon failure to proceed
continuously with the work without unnecessary delay, the Enforcement
Official shall call and have a full and adequate hearing before the
Board of Adjustment upon the matter giving the affected parties at
least seven (7) days' written notice of the time, place and purpose
of the hearing. Said notice shall be given in the same manner as notice
of the declaration of nuisance is given. At that hearing, any party
may be represented by counsel, and all parties shall have an opportunity
to be heard. After the hearing, if the evidence supports a finding
that the building or structure is a nuisance or detrimental to the
health, safety or welfare of the residents of the municipality, the
Enforcement Official 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 municipality and
ordering the building or structure to be demolished and removed or
repaired. If the evidence does not support a finding that the building
or structure is a nuisance or detrimental to the health, safety or
welfare of the residents of the municipality, no order shall be issued.
Notice of any post-hearing orders shall be given in the same manner
as notice of the declaration of a nuisance.
B.Â
Special Tax Bill. If any post-hearing order of the Enforcement
Official is not obeyed within thirty (30) days after its issuance,
and if appeal of any post-hearing order is not made to the Circuit
Court as provided for in this Section within thirty (30) days after
issuance of any such order, the Enforcement Official may cause such
building or structure to be repaired, vacated or demolished as provided
in his/her post-hearing order. The Enforcement Official shall certify
the costs for such repair, vacation or demolition to the City Clerk
or officer in charge of finance who shall cause a special tax bill
therefore against the property to be prepared, filed and collected
by the City Collector or other official collecting taxes. At the request
of the taxpayer, the tax bill may be paid in installments over a period
of not more than five (5) years. Said assessment shall bear interest
at the maximum rate that the law will allow until paid. The tax bill
shall be a lien on the property until paid.
C.Â
Appeal To Circuit Court Of St. Louis County. The decision
by the Enforcement Official may be appealed by a party aggrieved thereby
to the Circuit Court of St. Louis County pursuant to Chapter 536,
RSMo., provided that any party so aggrieved, other than the municipality,
may either appeal directly to the Circuit Court of St. Louis County
or to the Housing Board of Adjustment of this municipality. The decision
by the Housing Board of Adjustment may be appealed by any party aggrieved
thereby to the Circuit Court of St. Louis County pursuant to Chapter
536, RSMo.
D.Â
Appeal From Decision Of Enforcement Official — Procedure For
Filing. Any appeal herein shall be taken within seven (7) days after the decision is rendered by filing with the Enforcement Official a notice of appeal, specifying the grounds therefore, and by depositing with such Enforcement Official a docket fee as set out in Section 130.250 of this Code. The Enforcement Official shall forthwith submit to the Board a copy of this notice of appeal together with all the papers constituting the record upon which the action appealed from is taken.
E.Â
Appeal From Decision Of Enforcement Official — To Stay Proceedings
Of Action Appealed From — Exception. An appeal pursuant to Section 515.320 shall stay all proceedings in furtherance of the action appealed from, unless the Enforcement Official shall certify to the Board of Adjustment, subsequent to the filing of any notice of appeal, that by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by the order of any court of competent jurisdiction.
F.Â
Appeal From Decision Of Enforcement Official — Information
To Be Furnished To Board. It shall be the duty of the Enforcement
Official to furnish the Board of Adjustment, upon request, with copies
of reports of any or all inspections made by such officers in the
matter on appeal and to furnish such other information as may be available
to them and requested by the Appeal Board.
G.Â
Appeal From Decision Of Enforcement Official — Notice And Hearing. The Board of Adjustment shall fix a time and place for the hearing
of appeals. Such hearing shall be held within a reasonable time after
the filing of the notice of appeal. Notice of the time and place of
the hearing shall be sent by mail to the appellant or to his/her attorney
of record and such hearing shall not be less than ten (10) days after
the mailing of the notice.
H.Â
Appeal From Decision Of Enforcement Official — Action And Decision
Of Board Generally. In exercising the powers enumerated in
this Chapter, the Board of Adjustment may reverse or affirm, wholly
or partly, or may modify the order, requirement, decision or determination
as ought to be made. The Board of Adjustment shall act by majority
vote, and quorum shall consist of least three (3) members. The action
of the Board shall not become effective until after the resolution
of the Board setting forth the reason for its decision and the vote
of each member participating therein has been spread upon the minutes.
Such resolutions immediately following the Board's final decision
shall be filed in the office of the Board and shall be open to public
inspection.
I.Â
Review Of Decisions Of Board. Any decision of the Board
under this Code shall be subject to review by a writ of certiorari
from any court of competent jurisdiction.
1.Â
In no
case shall the appellant be liable for any expenses or costs for surveys,
investigations or hearings of the Board.
2.Â
If a
decision appealed for is affirmed, the docket fee previously deposited
by appellant shall be forfeited, and the money shall be paid into
the municipal Treasury. If the decision appealed from shall be reversed
or modified, then such docket fee shall be refunded to appellant.
[Ord. No. 246 §34, 8-19-1980]
A.Â
Applicability. When any dwelling unit has become so damaged
by fire, wind or other causes or has become so unsafe, unhealthful
or unsanitary that, in the opinion of the Enforcement Official, life
or health is immediately endangered by the occupation of the dwelling
unit, the Enforcement Official is hereby authorized and empowered
to revoke without notice any occupancy permit for such dwelling unit
and to order and require the occupants to vacate the same forthwith
and to order the owner or agent to proceed immediately with the corrective
work and repairs required to make the dwelling unit temporarily safe
and fit for human habitation, and whether or not legal procedures
described by municipal ordinances have been instituted.
B.Â
Procedures. In the event the Enforcement Official determines
that there is an immediate danger to the health, safety or welfare
of any person, he/she may take emergency measures to vacate and repair
the structure or otherwise remove the immediate danger.
[Ord. No. 246 §35, 8-19-1980]
A.Â
Jurisdiction Of Board Under This Code. The Board of Adjustment
shall have jurisdiction under this Chapter to hear and decide appeals
where it is alleged by any aggrieved person that there is error in
any order, requirement, decision or determination made by the Building
Commissioner or any other person charged with the enforcement of this
Chapter.
B.Â
Authority To Order Repair, Etc. Of Non-Complying Buildings —
Costs Of Repair, Etc. To Be Paid By Owner Of Building. If
the owner fails to comply with the notice issued by the Building Commissioner
under this Chapter, then and in such event the Enforcement Official
shall certify such failure to the Board of Adjustment. Such Board
is authorized and may direct the Enforcement Official to take such
action as may be necessary to repair, replace, rebuild or otherwise
remedy the conditions specified in the notice. If the Board of Adjustment
proceeds to order the condition remedied, then the cost thereof shall
be at the expense of the owner. The costs shall be submitted to the
owner or owners of the property; if the costs are not paid within
sixty (60) days after rendered, then the Board of Adjustment shall
certify the amount due to the municipal finance official who shall
issue special tax bills thereon. Such tax bills shall be collected
as other taxes on real estate.
