City of Fenton, MO Article I Definitions

Section 505.010 General; Definitions.

[Ord. No. 3620 § 1, 7-28-2016[1]]

A. Scope. Unless otherwise expressly stated, the following terms shall for the purpose of this Chapter have the meanings indicated in this Section.

B. Interchangeability. Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular.

C. Terms Defined In Other Codes. Where terms are not defined in this Chapter and are defined in the adopted Building, Electrical, Plumbing or Mechanical Codes of the City, they shall have the same meanings ascribed to them as in those Codes.

D. Terms Not Defined. Where terms are not defined, through the methods authorized by this Section, they shall have their ordinarily accepted meanings such as the context shall imply.

E. Parts. Whenever the words "dwelling," "building," "structure," "premises," "rooming unit," etc., are used in this Code, they shall be construed as though they were followed by the words, "or any part thereof."

F. Applied Meaning Of Words And Terms.

ADMINISTRATOR

The City Administrator of the City of Fenton.

[Ord. No. 3847, 8-23-2018]

APPEALS BOARD

The Board of Adjustment of the City sitting as the Building Code Appeals Board.

APPROVED

Approved by Code Official or by another regulating authority, if applicable.

BASEMENT

That portion of a building which is partly or completely below grade.

BUILDING

Any covered structure permanently affixed to land and designed or used to shelter persons, chattels or property.

BUILDING CODE

All of the technical codes officially adopted by the City in Title V ("Building And Construction") of this Code or other such codes officially designated by the Board of Aldermen for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of structures.

CITY

The City of Fenton.

CODE OFFICIAL

The Director or any duly authorized representative of the Director.

[Ord. No. 3847, 8-23-2018]

COMMERCIAL VEHICLE

Any motor vehicle or trailer which is designed, maintained or used primarily for the transportation of property or which is used primarily for the transportation of passengers for hire, including, but not limited to, tow trucks, dump trucks, flat-bed trucks, stake-bed trucks, step vans, refuse or garbage trucks, buses, semi-trailers, truck-tractors, or any motor vehicle or trailer having a gross vehicle weight rating (GVWR) in excess of fourteen thousand (14,000) pounds.

CONSTRUCTION EQUIPMENT

Any equipment primarily used for commercial construction purposes, including, but not limited to, tractors, backhoes, blades, buckets, bulldozers, compactors, crane scrapers, excavators and front-end loaders.

DANGEROUS STRUCTURE

All structures deemed unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of this City because of any or all of the following characteristics:

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 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 wall 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, morals or the general health and welfare of the occupants or the people of the City;

5. Those which have become or 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, morals, safety or general welfare of those living therein;

6. Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings;

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 communications;

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

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

DIRECTOR

The Community Development Director of the City.

DWELLING

Any building or portion thereof used exclusively for human habitations, except hotels, motels or house trailers.

DWELLING UNIT

A single unit providing complete, independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

DWELLING, MULTI-FAMILY

A building or portion thereof containing more than two (2) dwelling units and not classified as a one- or two-family dwelling.

DWELLING, ONE-FAMILY

A building containing one (1) dwelling unit.

DWELLING, TWO-FAMILY

A building containing two (2) dwelling units.

EXTERIOR PROPERTY AREAS

The open space on the premises and on adjoining property under the control of owners or operators of such premises.

EXTERMINATION

The control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping, or by any other approved pest elimination methods.

GARBAGE

The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

IMMINENT DANGER

A condition which could cause serious or life-threatening injury or death at any time.

INFESTATION

The presence, contiguous to a structure or premises of insects, rodents, vermin or other pests.

LET FOR OCCUPANCY OR LET

To permit possession or occupancy of a dwelling, dwelling unit, rooming unit, or structure by a person who shall be legal owner or not be the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.

MAINTENANCE

Acts of repair and other acts to prevent a decline in the condition of grounds and structures, such that the condition does not fall below the standards established by this Code and other applicable Statutes, Codes, and ordinances.

MOTOR VEHICLE

Any self-propelled vehicle not operated exclusively upon tracks, except farm tractors and motorized bicycles or commercial vehicle or off-road vehicle as defined herein. For purposes of this Chapter a recreational vehicle, as defined herein, is included in all regulations relating to motor vehicles.

OCCUPANT

Any person living and/or sleeping in a dwelling unit or having possession of a space within a building.

OFF-ROAD VEHICLE

Any camper, travel trailer, boat trailer or other trailer; or any boat, golf cart, dune buggy, snowmobile, all-terrain vehicle (ATV), utility vehicle (UTV), or any similar motor vehicle not primarily used or designed for ordinary day-to-day transportation on public streets.

OPENABLE AREA

That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.

OPERATOR

Any person who has charge, care or control of a structure or premises which is let for occupancy.

OWNER

Any person or persons in whom is vested an interest in the premises as shown by the land records located in the office of the Recorder of Deeds in and for St. Louis County, Missouri. For purposes of this Chapter 505, the term "owner" shall also include any person(s) efor operator known to the City and who is recognized in equity as the owner of the property, because the real and beneficial use and title belong to that person or operator, although the bare legal title as shown by the conveyancing records in the office of the Recorder of Deeds of St. Louis County, Missouri, remains in another. For purposes of enforcing the provisions of this Chapter 505, the City may, at its option, proceed against the legal or equitable interest in said premises, or against both said interests.

PERSON

An individual, partnership, unincorporated association, corporation, fraternal or religious organization or any other group acting as a unit.

PREMISES

A lot, plot or parcel of land including the structures thereon.

PUBLIC NUISANCE

Includes the following:

1. The physical condition, or use of any premises regarded as a public nuisance at common law; or

2. Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures; or

3. Any premises which has unsanitary sewerage facilities; or

4. Any premises designated as unsafe for human habitation or use; or

5. Any premises which is manifestly capable of being a fire hazard, or are manifestly unsafe or unsecured as to endanger life, limb or property; or

6. Any premises which the required precautions against trespassers have not been provided; or

7. Any premises which is unsanitary, or which is littered with rubbish or garbage, or which has an uncontrolled growth of weeds, or;

8. Any structure that is in a state of dilapidation, deterioration or decay; faulty construction; open, vacant or abandoned; damaged by fire to the extent as not to provide shelter, in danger of collapse or failure and dangerous to anyone on or near the premises; or;

9. Any premises found to be harboring, causing or permitting a nuisance as set forth in Chapter 215 of this Code.

RECREATIONAL VEHICLE (RV)

A motor vehicle equipped with living quarters and amenities found in a home. Touring buses are considered recreational vehicles for purposes of this Chapter.

ROOMING UNIT

Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

RUBBISH

Combustible and non-combustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.

SEMI-TRAILER

Any vehicle of the trailer type so designed and used in conjunction with a self-propelled towing vehicle (such as a "tractor," "truck tractor" or "truck-tractor" as defined in Section 301.010, RSMo.) where a considerable part of trailer's own weight rests upon and is carried by the towing vehicle.

STRUCTURE

That which is built or constructed, including without limitation because of enumeration, buildings for any occupancy or use whatsoever, fences, signs, billboards, fire escapes, chute escapes, railings, water tanks, towers, open grade steps, sidewalks or stairways, tents or anything erected and framed of component parts which is fastened, anchored or rests on a permanent foundation or on the ground.

TRAILER

Any vehicle without power designed for carrying property or passengers on its own structure and for being drawn by a self-propelled vehicle. The term "trailer" shall not include the following: Cotton trailers as defined in Section 301.010(8), RSMo.; Manufactured homes as defined in Section 700.010, RSMo.; and semi-trailers as defined herein.

WORKMANLIKE

Whenever the words "workmanlike state of maintenance and repair" are used in this Code, they shall mean that such maintenance and repair shall be made in a reasonably skillful manner.

YARD

An open unoccupied space on the same lot with a building extending along the entire length of street, or rear or interior lot line.

[1] Editor's Note: Former Chapter 505, Existing Exterior Structures Code, containing Sections 505.010 through 505.120, which derived from R.O. 2006 §§ 251.010 — 251.020, 251.040 — 251.130; Ord. No. 1410 § 1, 9-17-1990; Ord. No. 2463 § 3, 4-15-2002; Ord. No. 3019 § 1, 4-23-2009; Ord. No. 3302 § 1, 12-20-2012, was repealed 7-28-2016 by § 1 of Ord. No. 3620.