City of St. Ann, MO
St. Louis County
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Table of Contents
Table of Contents
Cross References — Animal control, ch. 210; buildings and building regulations, chs. 500 and 505; flood damage prevention and control, ch. 410; garbage trash and refuse, ch. 225; signs, ch. 525; streets, sidewalks and public places, ch. 530; zoning regulations, ch. 400.
Article I General Provisions

Section 515.010 Definitions.

Section 515.020 Purposes.

Section 515.030 Applicability.

Section 515.040 Interpretation.

Section 515.050 Basement Rooms.

Section 515.060 Minimum Standards for Dwelling and Family Units.

Section 515.070 Space Requirements Generally — Ceiling Heights — Sleeping Rooms.

Section 515.080 Illumination.

Section 515.090 Electrical Service — Standards.

Section 515.100 Electrical Service — Notification by and Payment to Union Electric Company.

Section 515.110 Heating.

Section 515.120 Water-Heating Facilities.

Section 515.130 Natural Lighting.

Section 515.140 Ventilation.

Section 515.150 Refuse, Garbage and Rubbish Storage Requirements.

Section 515.160 Dual Egress for Dwelling Units Occupying Third or Higher Story.

Section 515.170 Sinks.

Section 515.180 Bathrooms.

Section 515.190 Accessory Structures.

Section 515.200 Inspections by Director of Building and Zoning.

Section 515.210 Non-Compliance — Notice to Be Given.

Section 515.220 Procedure for Designating Unfit Building — Placarding.

Section 515.230 Unfit Buildings to Be Vacated.

Section 515.240 Unlawful to Remove Placard.

Section 515.250 Right of Appeal.

Section 515.260 Remedy of Defects.

Section 515.270 Condemnation of Buildings.

Section 515.280 Vacated Dwellings to Be Made Secure.

Section 515.290 Demolition of Building in Compliance With Notice.

Section 515.300 Transfer of Ownership.

Section 515.310 Occupancy Permit Required.

Section 515.320 (Reserved)

Section 515.330 Violations — Penalties.

Article II Board of Appeals

Section 515.340 Jurisdiction — Authority to Make Repairs — Tax Bills to Issue if Unpaid.

Section 515.350 Procedure for Filing Appeals.

Section 515.360 Appeal to Stay Proceedings of Action Appealed From — Exception.

Section 515.370 Information to Be Furnished to Board of Appeals.

Section 515.380 Notice and Hearing.

Section 515.390 Action and Decision of Board Generally.

Section 515.400 Powers in Addition to Those Conferred Under Basic Building Code.

Section 515.410 Review of Decisions.

[1]
Cross References — Building code §§500.010 — 500.020; electrical code §500.050; mechanical code §500.060; plumbing code §500.070.

Section 515.010 Definitions. [1]

[CC 1988 §12-16; Ord. No. 618 §1(1-1), 7-6-1970]
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning. Whenever the words "dwelling," "dwelling unit," "rooming house, "rooming unit," "premises" are used, they shall be construed as though they were followed by the words "or any part thereof."
ACCESSORY STRUCTURE
A detached structure subordinate to the main or principal structure and located on the same lot, the use of which is customary to the main building.
BASEMENT
A story partly or wholly underground where more than one-half (½) of its height is above the established curb level and above the average level of the adjoining ground.
BATHROOM
A room containing bathing and sanitary facilities provided within each living unit consisting of a water closet, a tub, or shower and a lavatory; a bathroom shall afford complete privacy.
DETERIORATION
The condition or appearance of a building or part thereof, characterized by breaks, holes, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, excessive use or lack of maintenance.
DWELLING UNIT
One (1) or more rooms in a building designed for occupancy by one (1) family for living purposes and having its own permanently installed cooking and sanitary facilities.
EXTERMINATION
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 Health Commissioner.
FAMILY
An individual or married couple and the children thereof and no more than two (2) other persons related directly to the individual or married couple by blood or marriage, or a group of not more than three (3) persons (excluding servants) not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit.
FENCE
An independent structure forming a barrier at a grade between lots, between a lot and a street or an alley, or between portions of a lot or lots. A barrier includes a wall or lattice work screen but excludes a hedge or natural growth, or a barrier less than eighteen (18) inches in height which is used to protect plant growth. "Fences" shall be classified, according to the general form of construction, as follows:
1. 
Open mesh, having more than seventy-five percent (75%) of the vertical surface area open;
2. 
Thirty percent (30%) open; having at least thirty percent (30%) but less than seventy-five percent (75%) of the vertical surface area open;
3. 
Opaque; having less than thirty percent (30%) of the vertical surface area open.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
HABITABLE BUILDING
Any structure or part thereof that shall be used as a home or place of abode by one (1) or more persons.
HABITABLE ROOM
Every room in any building in which persons sleep, eat or carry on their usual domestic or social vocations or avocations. It shall not include private laundries, bathrooms, toilet rooms, pantries, storerooms, corridors, rooms for mechanical equipment for service in the building, or other similar spaces not used by persons frequently or during extended periods.
KITCHEN
A kitchen is a space of not less than fifty (50) square feet, which contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment and for the storage of cooking utensils.
MULTIPLE-FAMILY DWELLING
A building or portion thereof designed or altered for occupancy by three (3) or more families living independently of each other.
OCCUPANT
Any person (including owner or operator) living and sleeping in a dwelling unit or having actual possession of the dwelling or rooming unit.
OPERATOR
Any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.
ORDINARY MINIMUM WINTER CONDITIONS
The temperature fifteen degrees Fahrenheit (15°F) above the lowest recorded temperature for the previous ten (10) year period.
OWNER
Any person 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 City as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder, and such person shall be bound to comply with the provisions of this Article to the same extent as the owner.
PERSON
A corporation, firm, partnership, association, organization and any other group acting as a unit as well as individuals. 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 prescribing a penalty or fine, as to partnerships or associations, the word shall include the officers, agents or members thereof who are responsible for any violation of such Section.
PLUMBING
All of the following facilities and equipment:
Gas pipes, gas-burning equipment, water pipes, steam pipes, garbage disposal units, waste 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.
PROVIDED
Any material furnished, supplied, paid for or under the control of the owner.
PUBLIC HALL
A hall, corridor or passageway for egress from a dwelling not within the exclusive control of one (1) family.
REPAIR
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.
REPLACE
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 incapable of repair.
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
Non-putrescible solid wastes (excluding ashes) consisting of both combustible and non-combustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.
STRUCTURE
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.
SUBSTANDARD
All buildings used for purposes of human habitation which do not conform to the minimum standards established by this Article and by any other provision of this Code or other ordinances.
SUPPLIED
Paid for, furnished or provided by or under the control of the owner or operator.
TEMPORARY HOUSING
Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utilities system on the same premises for more than thirty (30) consecutive days.
YARD
An open space at grade 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.
[1]
Cross Reference — Definitions and rules of construction generally, §100.020.

Section 515.020 Purposes.

[CC 1988 §12-17; Ord. No. 618 §1(1-2), 7-6-1970]
A. 
The general purpose of this Article is to protect the public health, safety, comfort, morals and general welfare of the people of the City. These general objectives include, among others, the following specific purposes:
1. 
To protect the character and stability of residential areas within the City;
2. 
To provide minimum standards for cooking, heating and sanitary equipment necessary to the health and safety of occupants of buildings;
3. 
To provide facilities for light and ventilation necessary to health and safety;
4. 
To prevent additions or alterations to existing dwellings that would be injurious to the life, health, safety or general welfare of the occupants of such dwellings or neighboring properties;
5. 
To prevent the overcrowding of dwellings by providing minimum space standards per occupant of each dwelling unit;
6. 
To provide minimum standards for the maintenance of existing residential buildings, and to thus prohibit the spread of slums and blight;
7. 
To thus preserve the taxable value of land and buildings throughout the City.

Section 515.030 Applicability.

[CC 1988 §12-18; Ord. No. 618 §1(1-3), 7-6-1970]
Every building or its premises used in whole or in part as a home or residence or as any accessory structure thereof, of a single family or person and every building used in whole or in part as a home or residence of two (2) or more persons or families, living in separate apartments shall conform to the requirements of this Article, irrespective of the class to which such building may otherwise belong, and irrespective of when such building may have been constructed, altered or repaired.

Section 515.040 Interpretation.

[CC 1988 §12-19; Ord. No. 618 §1(1-4), 7-6-1970]
A. 
This Article establishes minimum standards for dwelling units and accessory buildings, 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 Article.
B. 
Any inconsistency or conflict between the provisions of this Article and any other provision of this Code or other existing ordinance shall not repeal such provision or ordinance, but the provisions of this Article shall be cumulative thereto.

Section 515.050 Basement Rooms.

[CC 1988 §12-20; Ord. No. 618 §1(1-5), 7-6-1970]
A. 
No room in any basement in an existing building shall be used for habitable purposes unless such room is being used for habitable purposes on the effective date of this Article, July 6, 1970, and the following standards are complied with:
1. 
Ceiling. The ceiling shall be at least six (6) feet, nine (9) inches high and shall be at least three (3) feet, six (6) inches above the surface or ground outside of or adjoining the room.
2. 
Toilet facilities. There shall be appurtenant to such room, the use of a bathroom, properly vented to the outside air, in compliance with Section 515.180.
3. 
Window area. Any new construction the required minimum window area shall be fifty percent (50%) above the finished elevation of the adjoining ground.
4. 
Floor. The floor area shall be waterproof and damp proof.
5. 
Drainage. Such room shall be well-drained and dry.
6. 
Other requirements. A basement habitable room or basement dwelling unit shall meet the other requirements of this Article.

Section 515.060 Minimum Standards for Dwelling and Family Units.

[CC 1988 §12-21; Ord. No. 618 §1(1-6), 7-6-1970]
A. 
Generally. No person shall occupy as owner-occupant or shall let or hold out to another for occupancy, any dwelling or family unit for the purpose of living therein which is not safe, clean, sanitary and fit for human occupancy, and which does not comply with the particular requirements of this Section.
B. 
Foundations, Exterior Walls And Roofs. The foundation, exterior walls and exterior roof shall be substantially watertight and protected against rodents and shall be kept in sound condition and repair. The foundation elements shall adequately support the building at all points. Every exterior wall shall be free of deterioration, holes, breaks, loose or rotting board or timbers, and any other condition which might admit rain or dampness to the interior portions of the walls or to the exterior spaces of the dwelling. The roof shall be tight and have no defects which admit rain, and 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 and similar projections shall be kept in good repair and free from cracks and defects which make them hazardous and dangerous.
C. 
Floors, Interior Walls And Ceilings. Every floor, interior wall and ceiling shall be adequately protected against the passage and harborage of vermin and rodents, and shall be kept in sound condition and good repair. Every floor shall be free of holes and cracks. Every floor shall be free of loose, warped, protruding or rotting floorboards. Every interior wall and ceiling shall be free of holes and large cracks and shall be maintained in a tight, weatherproof condition. Every interior wall and ceiling shall be free of loose plaster or other structural material, plaster, paint and all other surface materials shall be of such character as to be easily cleanable, and shall be reasonably smooth, clean and tight. Every toilet room and bathroom floor surface shall be substantially impervious to water and be capable of being maintained easily in a clean and sanitary condition.
D. 
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 windowpanes 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 good 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 relation to the adjacent wall construction as completely to exclude rain, and substantially to exclude wind from entering the dwelling. Every basement hatchway shall be so constructed and maintained as to prevent the entrance of rodents, rain and surface drainage water into the building.
E. 
Screens. Screens shall be supplied to the following extent:
1. 
Every basement or cellar window which is openable shall be supplied with a framed heavy wire screen or hardware cloth of not less than four (4) mesh per inch which fits tightly and is securely fastened to the frame, or with any other material affording equivalent protection against the entry of rodents.
2. 
From April fifteenth (15th) to November fifteenth (15th) of each year, every door opening directly from any family unit to the outdoors, except where unit is air-conditioned and every window or other outside opening used for ventilation purposes, shall be supplied with a screen of not less than sixteen (16) mesh per inch and every screen door shall have a self-closing device in good working condition. However, no such screen shall be required for a family unit on a floor above the fourth (4th) floor, unless required by the Department of Buildings when unusual circumstances of insect prevalence exist.
F. 
Stairways And Porches. Every stairway, inside or outside of the dwelling, and every porch, shall be kept in safe condition and sound repair. Every flight of stairs and every porch floor shall be free of deterioration. Every stairwell and every flight of stairs which is more than four (4) risers high shall have rails not less than two and one-half (2½) feet high, measured vertically from the nose of the tread to the top of the rail; and every porch which is more than four (4) risers high shall have rails not less than two and one-half (2½) feet above the floor of the porch. Every rail and balustrade shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled more than one (1) inch out of its intended position or have pulled away from supporting or adjacent structures. No flight of stairs shall have rotting, loose or deteriorating supports. The treads and risers of every flight of stairs shall be uniform in width and height. Every stair tread shall be strong enough to bear a concentrated load of at least four hundred (400) pounds without danger of breaking. Every porch shall have a sound floor. No porch shall have rotting, loose or deteriorating supports.
G. 
Basements And Cellars. Every basement and every 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 fire hazards or to endanger health or safety.
H. 
Facilities, Equipment And Chimneys. Every supplied facility, piece of equipment or utility, and every chimney and chimney flue shall be installed, function effectively as originally designed and shall be maintained in a safe, sound and sanitary working condition.
I. 
Grading And Drainage Of Lots. Every yard, court, vent passageway, driveway and other portion of the lot on which the dwelling stands shall be graded and drained so as to prevent the accumulation of stagnant water on any such surface. Driveways shall be maintained in good repair and free of safety hazards.
J. 
Yards. Adequate lawn, ground cover of vegetation, hedges or bushes shall be provided, equal to at least ten percent (10%) of the total lot area. All areas which are not covered by 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 a public entrance shall be properly trimmed to avoid obstruction of the view and movements of vehicles and pedestrians.
K. 
Infestation. Each dwelling and all exterior appurtenances on the premises shall be adequately protected against rats, mice, termites and other vermin infestation. Building defects which permit the entrance of rats, mice, termites and other vermin shall be corrected immediately 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; in this instance the owner shall be responsible for elimination of the infestation.

Section 515.070 Space Requirements Generally — Ceiling Heights — Sleeping Rooms.

[CC 1988 §12-22; Ord. No. 618 §1(1-7), 7-6-1970]
A. 
No person shall occupy or let to another for occupancy any dwelling unit for the purpose of living therein which does not comply with the requirements of this Section.
B. 
Each dwelling unit shall contain the habitable rooms and closets designated below with the minimum floor areas and least dimensions as scheduled below:
Minimum Area In Square Feet
Name of Space
1 to 2
occupants
3 to 5
occupants
6 or more
occupants
(Applies to 90% of required floor area)
Living room
N.R.
120
150
10 ft. 0 in.
Dining room
N.R.
80
100
7 ft. 8 in.
Kitchen
50
50
60
3 ft. 0 in. clear passage
Bedrooms
(See paragraph (1) below for requirements)
7 ft. 0 in.
Closets (total)
10*
20*
30*
*Each bedroom must have six (6) square feet of closet space opening into bedroom.
1. 
Every room occupied for sleeping purposes by one (1) occupant shall have a minimum floor area of seventy (70) square feet and every room occupied for sleeping purposes for more than one (1) occupant shall have a minimum floor area of at least fifty (50) square feet for each occupant. No part of the living room, kitchen or dining room may be counted as part of the required space for sleeping purposes.
2. 
Every room used as a bedroom shall have access to at least one (1) water closet without passing through another room used as a bedroom.
3. 
Habitable rooms shall have a clear ceiling height of not less than seven (7) feet four (4) inches except that in attics or top-half stories the ceiling height shall be not less than seven (7) feet over not less than one-third (1/3) of the area when used for sleeping, study or similar activity. In calculating the floor area of such rooms only those portions of the floor area of the room having a clear ceiling height of five (5) feet or more may be included.

Section 515.080 Illumination.

[CC 1988 §12-23; Ord. No. 618 §1(1-8), 7-6-1970]
A minimum of five (5) footcandles of daylight or artificial illumination shall be required at all times in all public halls. All habitable rooms, passageways and stairways shall be provided with electric fixtures so that they can be adequately lighted at night.

Section 515.090 Electrical Service — Standards.

[CC 1988 §12-24; Ord. No. 618 §1(1-8.1), 7-6-1970]
Every habitable room of every dwelling unit shall contain separate wall-type convenience outlets at intervals of not more than twenty (20) feet including door openings, except in bedrooms where two (2) convenience outlets shall be the required minimum. All electrical work shall be equivalent to or exceed the requirements of the St. Louis County Electrical Code: Every bathroom laundry room, furnace room and public hall shall contain at least one (1) supplied ceiling or wall-type electric light fixture. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition, and shall be connected to the source of electric power in a safe manner.

Section 515.100 Electrical Service — Notification by and Payment to Union Electric Company.

[CC 1988 §12-24.1; Ord. No. 1701 §1, 8-2-1993]
A. 
For any month when there is a change of user of residential electric service (rate 001) or non-residential user of electric service (rate 043) within the City, Union Electric Company shall notify the Director of Building and Zoning in writing within seven (7) working days after the end of the month of such changes, indicating the address and apartment or unit number, the name(s) of the user(s) for service and address and apartment or unit number in whose name service is connected or billed.
B. 
The City shall pay to Union Electric Company for the cost of such service a sum which shall not initially exceed one hundred fifty dollars ($150.00). Future price increases, if any, shall only reflect the actual cost incurred by Union Electric Company to provide such service. Payment shall be made to Union Electric within thirty (30) days of receipt of the invoice for such service.

Section 515.110 Heating.

[CC 1988 §12-25; Ord. No. 618 §1(1-9), 7-6-1970]
A. 
Every unit shall have heating facilities which are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments within its walls to a temperature of at least seventy degrees Fahrenheit (70°F) when the outside temperature is zero degrees Fahrenheit (0°F). Appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this Section. Portable heating equipment employing flame and the use of liquid fuels does not meet the requirements of this Section and is prohibited. The owner may require that the occupant shall provide the required heating facilities at the occupant's expense but such agreement or requirement does not relieve the owner from responsibility for the presence of such heating equipment for the unit.
B. 
Every owner, agent and manager of any apartment house, hotel, rooming house, flat or other building whatsoever who leases, rents or lets such apartment house, hotel, rooming house, flat or other building as living quarters on terms, either express or implied, to furnish heat to the tenants or occupants thereof shall, and is hereby directed to, maintain during the months of October, November, December, January, February, March, April and the first fifteen (15) days of May of each year sufficient heat in the rooms so occupied as living quarters to produce a temperature of not less than seventy degrees Fahrenheit (70°F) during the hours between 6:30 A.M. and 10:30 P.M. of each day, and shall maintain a temperature of not less than sixty degrees Fahrenheit (60°F) during the other hours of the day, except that when the outside temperature drops below zero degrees Fahrenheit (0°F) and the heating plant is operating at its full capacity, a minimum inside temperature of sixty degrees Fahrenheit (60°F) shall be maintained at all times, and it shall be the duty of every janitor, fireman or other employee who shall assume or engage in employment to operate the furnace or heating plant of any such apartment house, hotel, rooming house, flat or other building aforesaid to maintain such heat as aforesaid and as set out in this Article.

Section 515.120 Water-Heating Facilities.

[CC 1988 §12-26; Ord. No. 618 §1(1-9.1), 7-6-1970]
Every dwelling shall have supplied water-heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with the hot water lines required under the provisions of this Article and are capable of heating water to such 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). Such supplied water-heating facilities shall be capable of meeting the requirements of this Section when the dwelling or dwelling unit heating facilities required under the provisions of this Article are not in operation.

Section 515.130 Natural Lighting.

[CC 1988 §12-27; Ord. No. 618 §1(1-10), 7-6-1970]
A. 
All habitable rooms, except as otherwise provided in this Article, shall be provided with a means of transmitting natural light from outside complying with the following requirements:
1. 
The required clear glass area shall not be less than one-tenth (1/10) of the floor area of such room and not less than ten (10) 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. 
Faces a wall or other obstruction at a distance of less than ten (10) feet; or
b. 
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. 
Whenever a habitable room has natural light area openings from the room 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 not less than three (3) times the required light area opening from the room to the porch.

Section 515.140 Ventilation.

[CC 1988 §12-28; Ord. No. 618 §1(1-11), 7-6-1970]
A. 
Generally. Every habitable room shall have a ventilation system adequate for the purpose for which the room is used. Natural ventilation shall be deemed to be adequate for habitable rooms when the total area openable to the outside air (by means of windows, louvers, monitors or other direct openings excluding doors) is five percent (5%) of the floor area of the habitable room, except that when:
1. 
Any portion of the room is more than sixteen (16) feet from a required opening, the aggregate clear area of openings shall be not less than six percent (6%).
2. 
A room has openable areas on two (2) or more sides thereof, the total openable area shall be at least four percent (4%) of the total floor area of such room.
3. 
The openable area faces a wall or other obstruction at a distance of less than ten (10) feet, the effective area shall be computed at not more than eighty percent (80%) of the actual openable area.
4. 
The openable area opens onto an enclosed porch, the enclosed porch shall have an openable area of at least three (3) times the total required area of the openings onto such porch.
B. 
Kitchen With Floor Area Of Less Than Seventy Square Feet. A kitchen with a floor area of less than seventy (70) square feet may be without either mechanical or natural ventilation if there is an opening of not less than thirty-two (32) square feet between the kitchen and another room in the same family unit and if the room onto which the kitchen opens has the ventilation requirements of Subsection (A)(1 — 4).
C. 
Toilet And Bathroom Ventilation. Every toilet room and bathroom shall have adequate ventilation which may be either an openable window with an openable area of five percent (5%) of the floor area, mechanical ventilation in compliance with the foregoing requirements of this Section, 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.

Section 515.150 Refuse, Garbage and Rubbish Storage Requirements.

[CC 1988 §12-29; Ord. No. 618 §1(1-11.1), 7-6-1970]
Every dwelling unit shall have adequate refuse, garbage or rubbish storage facilities as required by Chapter 225 of this Code.

Section 515.160 Dual Egress for Dwelling Units Occupying Third or Higher Story.

[CC 1988 §12-30; Ord. No. 618 §1(1-12), 7-6-1970]
All habitable structures of three (3) or more stories with dwelling units occupying the third (3rd) or higher story shall be provided with two (2) separate useable unobstructed means of egress for each dwelling unit located above the second (2nd) story. The exit facilities from such dwelling units shall lead to a public thoroughfare, either directly or through a court or yard, and passage to such exits shall not lead through any other dwelling unit or through a space that might reasonably be locked by anyone who is not a member of the household. Dual egress will not be required of structures that are of full fireproof construction as defined in the Building Code.

Section 515.170 Sinks.

[CC 1988 §12-31; Ord. No. 618 §1(1-13), 7-6-1970]
A. 
Every dwelling unit shall contain a kitchen sink in good repair, free of chips, cracks or other defects which may be a sanitary hazard, and shall be in working condition, properly connected to a water and sewer system approved by the Director of Building and Zoning.
B. 
Every kitchen sink, lavatory basin, bathtub or shower required under the provisions of this Article shall be properly connected with both hot and cold water lines.

Section 515.180 Bathrooms.

[CC 1988 §12-32; Ord. No. 618 §1(1-14), 7-6-1970]
Every dwelling unit shall contain a room which affords privacy to a person within such room and which is equipped with a flush water closet, a tub or shower, and lavatory basin in good repair and in working condition, properly connected to the public water system and to a public or private sewer system; provided however, that until such sewer connections are available, septic tanks constructed according to the standards required by the Health Department, and properly functioning, shall not be construed as in violation of this Section.

Section 515.190 Accessory Structures.

[CC 1988 §12-33; Ord. No. 618 §1(1-15), 7-6-1970]
A. 
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 harborage. Accessory structures shall be functional and shall be maintained in a state of good repair and alignment.
B. 
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 include porches, terraces, entrance platforms, garages, driveways, carports, walls, fences and miscellaneous sheds.

Section 515.200 Inspections by Director of Building and Zoning.

[CC 1988 §12-34; Ord. No. 618 §1(1-16), 7-6-1970]
The Director of Building and Zoning is authorized and directed to make inspections to determine whether dwellings, dwelling units, rooming units, accessory structures and premises located within this City conform to the requirements of this Article. For the purpose of making such inspections, the Director of Building and Zoning is authorized to enter; examine and survey at all 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 Director of Building and Zoning free access thereto at all reasonable times for the purpose of such inspection examination and survey. If the owner or occupant shall refuse access to any premises, then the Director of Building and Zoning or his/her delegated representative shall have authority to enter any of such premises after written notice has been given to the owner or occupant or his/her agent.

Section 515.210 Non-Compliance — Notice to Be Given.

[CC 1988 §12-35; Ord. No. 618 §1(1-16.1), 7-6-1970]
A. 
Whenever the Director of Building and Zoning determines that there are reasonable grounds to believe that there has been a violation of any provision of this Article, he/she will give notice of such alleged violation to the person responsible therefor. Such notice shall:
1. 
Be in writing;
2. 
Contain a statement of the reason why it is being issued;
3. 
Allow a reasonable time for the performance of any act it requires;
4. 
Be served upon the owner or his/her agent, or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or on any such occupant, if a copy thereof is:
a. 
Served upon him/her personally;
b. 
Sent by registered mail to his/her last known address; or
c. 
Posted in a conspicuous place in or about the dwelling affected by the notice.
5. 
Contain an outline of remedial action which if taken will effect compliance with the provisions of the Article.

Section 515.220 Procedure for Designating Unfit Building — Placarding.

[CC 1988 §12-36; Ord. No. 618 §1(1-17), 7-6-1970]
A. 
The designation of dwellings or dwelling units as unfit for human habitation and the procedure for such declaration and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the following requirements:
1. 
Any dwelling or dwelling unit which shall be found to have any of the following defects shall be declared unfit for human habitation and shall be so designated and placarded by the Director of Building and Zoning when the person responsible has failed to correct the condition set forth in a notice issued in accordance with Section 515.210.
a. 
One which is 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;
b. 
One which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or of the public;
c. 
One which because of its general condition or location is unsanitary or otherwise dangerous to the health or safety of the occupants or of the public.

Section 515.230 Unfit Buildings to Be Vacated.

[CC 1988 §12-37; Ord. No. 618 §1(1-17.1), 7-6-1970]
A. 
Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the Director of Building and Zoning, shall be vacated within a reasonable time as ordered by the Director of Building and Zoning.
B. 
No 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 is removed by, the Director of Building and Zoning. The Director of Building and Zoning shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.

Section 515.240 Unlawful to Remove Placard.

[CC 1988 §12-38; Ord. No. 618 §1(1-17.2), 7-6-1970]
No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in Section 515.230.

Section 515.250 Right of Appeal.

[CC 1988 §12-39; Ord. No. 618 §1(1-17.3), 7-6-1970]
Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter before the Board of Adjustment under the procedure set forth in Article II of this Chapter.

Section 515.260 Remedy of Defects.

[CC 1988 §12-40; Ord. No. 618 §1(1-18), 7-6-1970]
A. 
The owner of any building shall have sixty (60) days from the issuance of the notice provided for in Section 515.220 in which to remedy the condition therein specified; provided however, that the Director of Building and Zoning may, at his/her discretion, extend the time for compliance with any such notice, and provided further, that no owner shall be held responsible for any condition that is not specifically described in such notice.
B. 
Failure of any owner to comply with any order of the Director of Building and Zoning contained in the notice prescribed by Section 515.220 within the time specified shall make such owner subject to the penalties provided for such offense.

Section 515.270 Condemnation of Buildings.

[CC 1988 §12-41; Ord. No. 618 §1(1-19), 7-6-1970]
If any building covered by this Article shall be found to be unfit for human habitation, and the cost of repair or alteration shall be deemed prohibitive by the Director of Building and Zoning, then he/she shall condemn such building and proceed with its removal as in all other cases of condemned buildings.

Section 515.280 Vacated Dwellings to Be Made Secure.

[CC 1988 §12-42; Ord. No. 618 §1(1-20), 7-6-1970]
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 a public nuisance within the meaning of this provision.

Section 515.290 Demolition of Building in Compliance With Notice.

[CC 1988 §12-43; Ord No. 618 §1(1-21), 7-6-70]
Any owner of a building receiving notice that such building does not conform to this Article may remove or demolish such building, and such action shall be deemed compliance.

Section 515.300 Transfer of Ownership.

[CC 1988 §12-44; Ord. No. 618 §1(1-21.1), 7-6-1970]
It shall be unlawful for the owner of any dwelling or dwelling unit upon whom a notice of violation or compliance order has been served to sell, transfer, mortgage, lease or otherwise dispose of thereof to another until the provisions of the notice of violation or compliance order have been complied with, or until such owner shall first furnish to the grantee, lessee or mortgagee a true copy of any notice of violation or compliance order issued by the Director of Building and Zoning. A transferee, lessee or mortgagee who has received actual or constructive notice of the existence of a notice of violation or compliance order shall be bound by such notice as of the date of the transfer without further service of notice upon him/her.

Section 515.310 Occupancy Permit Required. [1]

[CC 1988 §12-45; Ord. No. 618 §1(1-21.3), 7-6-1970; Ord. No. 1607 §5, 2-3-1992; Ord. No. 1882 §§1 — 2, 7-1-1996; Ord. No. 2287 §2, 5-5-2003; Ord. No. 2875 §1, 11-4-2013]
See Section 400.700, Occupancy Permits.
[1]
Cross Reference — Licenses, permits and miscellaneous business regulations, ch. 605.

Section 515.320 (Reserved) [1]

[1]
Editor’s Note: Former Section 515.320, Certificate of Compliance, adopted and amended CC 1988 §12-46; Ord. No. 618 §1(1-30), 7-6-1970; Ord. No. 1243 §1, 11-25-1986, was repealed 11-4-2013 by Ord. No. 2875 §1.

Section 515.330 Violations — Penalties.

[CC 1988 §12-47; Ord. No. 618 §1(1-21.2), 7-6-1970]
A. 
Any person violating any of the provisions of this Article shall be subject to a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) for each day that such violation continues, but if the offense is willful, on conviction thereof the punishment shall be a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each day that such violation continues or imprisonment for ten (10) days for each day such violation shall continue, or by both such fine and imprisonment at the discretion of the court.
B. 
Any such person who, having been served with an order to remove any such violation, shall fail to comply with such order within ten (10) days after such service, or shall continue to violate any provision of the regulations made under the authority of this Article in the respect named in such order, shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).
[1]
Cross Reference — Boards and commissions generally, see ch. 120.

Section 515.340 Jurisdiction — Authority to Make Repairs — Tax Bills to Issue if Unpaid.

[CC 1988 §12-66; Ord. No. 618 §1(1-22.1), 7-6-1970]
If the owner fails to comply with the notice issued by the Director of Building and Zoning under this Article, the Director of Building and Zoning shall certify such failure to the Board of Adjustment. The Board is authorized and may direct the Director of Building and Zoning 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 Collector who shall issue special tax bills thereon. Such bills shall be collected as other taxes on real estate.

Section 515.350 Procedure for Filing Appeals.

[CC 1988 §12-67; Ord. No. 618 §1(1-23), 7-6-1970]
A. 
Any appeal under this Article shall be taken within thirty (30) days after the decision is rendered by filing with the Director of Building and Zoning a notice of appeal specifying the grounds therefor, and by depositing with the Director of Building and Zoning the sum of thirty dollars ($30.00) as a docket fee.
B. 
The Director of Building and Zoning 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.

Section 515.360 Appeal to Stay Proceedings of Action Appealed From — Exception.

[CC 1988 §12-68; Ord. No. 618 §1(1-24), 7-6-1970]
An appeal pursuant to Section 515.350 shall stay all proceedings in furtherance of the action appealed from, unless the Director of Building and Zoning or Health Commissioner shall certify to the Board of Appeals, 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.

Section 515.370 Information to Be Furnished to Board of Appeals.

[CC 1988 §12-69; Ord. No. 618 §1(1-25), 7-6-1970]
It shall be the duty of the Director of Building and Zoning and the Health Commissioner 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 Adjustment Board.

Section 515.380 Notice and Hearing.

[CC 1988 §12-70; Ord. No. 618 §1(1-26), 7-6-1970]
The Board of Adjustment shall fix a time and place for the hearing of appeals. Such hearing shall be had within a reasonable time after the filing of the notice of appeal. Notice of the time and place of 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.

Section 515.390 Action and Decision of Board Generally.

[CC 1988 §12-71; Ord. No. 618 §1(1-27), 7-6-1970]
A. 
In exercising the powers enumerated in this Article, the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made.
B. 
The Board of Adjustment shall act by majority vote and a quorum shall consist of at 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 for public inspection.

Section 515.400 Powers in Addition to Those Conferred Under Basic Building Code.

[CC 1988 §12-72; Ord. No. 618 §1(1-28), 7-6-1970]
The powers granted by this Article to the Board of Adjustment shall be in addition to those conferred upon it by the City Building Code.

Section 515.410 Review of Decisions.

[CC 1988 §12-73; Ord. No. 618 §1(1-29), 7-6-1970]
A. 
Any decision of the Board of Adjustment under this Article shall be subject to review by a writ of certiorari from any court of competent jurisdiction.
B. 
In no case shall the appellant be liable for any expenses or costs for surveys, investigations or hearings of the Board.
C. 
If a decision appealed from is affirmed, the docket fee previously deposited by appellant shall be forfeited, and the money shall be paid into the City Treasury. If the decision appealed from shall be reversed or modified, then such docket fee shall be refunded to appellant.