Section 515.030 Applicability of City Building Code, Plumbing Code, Fire Prevention Code, Zoning and Other Ordinances and of State and Local Laws and Regulations.
[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:
- ACCESSORY STRUCTURE
- 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.
- ACCESSORY USE
- 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:
- 1. Offices for the building management.
- 2. Dining rooms, banquet rooms, public kitchens and ballrooms.
- 3. Recreation and playrooms.
- 4. Laundries for the use of tenants and occupants and in connection with the management and operation of a residential building.
- 5. Maintenance and work shops, storage rooms for linen, bedding, furniture, supplies and tenant's equipment and effects.
- 6. Rooms or space for the incidental sale or display of merchandise to occupants and tenants, such as newspaper, candy and cigar stands.
- 7. 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.
- APARTMENT OR SUITE
- 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.
- APPROVED MATERIAL AND CONSTRUCTION
- 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.
- CHANGE OF OCCUPANCY
- 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.
- CONDITIONAL OCCUPANCY PERMIT
- 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.
- CURB LEVEL
- 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.
- DWELLING, ONE-FAMILY
- A building containing not more than one (1) dwelling unit occupied exclusively for residential purposes.
- DWELLING TWO-FAMILY
- A building containing two (2) dwelling units occupied exclusively for residential purposes.
- DWELLING UNIT
- 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".
- ENFORCEMENT OFFICIAL
- 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.
- EXTERIOR APPURTENANCES
- 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.
- FRATERNITY HOUSE
- 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.
- HABITABLE BUILDING
- Any structure or part thereof that shall be used as a dwelling by one (1) or more persons.
- HABITABLE ROOM
- 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.
- JUNKED VEHICLE
- 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.
- MIXED OCCUPANCY
- Occupancy of a building in part for residential use and in part for some other use not accessary thereto.
- MULTIPLE DWELLING
- 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.
- NON-HABITABLE ROOM
- 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.
- OCCUPANCY PERMIT
- 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.
- OPENABLE AREA
- 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.
- POTABLE WATER
- 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.
- PUBLIC HALLWAY
- 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.
- PUBLIC SPACE
- 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.
- ROOMING HOUSE
- A multiple dwelling used for the purpose of furnishing lodging, with or without meals, for compensation.
- ROOMING UNIT
- 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.
- SLEEPING ROOM
- 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.
- STUDIO UNIT
- 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.
- TOILET ROOM
- 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".
- UNOCCUPIED HAZARD
- 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, MECHANICAL
- Ventilation by power-driven devices.
- VENTILATION, NATURAL
- Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks with or without wind-driven devices.
- VISITOR TEMPORARY OCCUPANCY PERMIT
- 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]
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.
This Chapter shall apply to premises within the City as follows:
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.
Residential building, including private dwellings and multiple-dwellings, unless specifically excluded.
Buildings of mixed occupancy, occupied in whole or in part.
Commercial, industrial and storage buildings.
Vacant residential, mixed occupancy, commercial, industrial and storage buildings.
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.
Accessory structures accessory to dwellings, commercial, industrial or vacant buildings.
This Chapter shall exclude institutional buildings and public buildings and their accompanying yards. It shall exclude public streets and right-of-way.
Section 515.030 Applicability of City Building Code, Plumbing Code, Fire Prevention Code, Zoning and Other Ordinances and of State and Local Laws and Regulations.
[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]
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.
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.
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.
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).
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.
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.
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.
Basement dwelling units. No room in any basement shall be occupied as a habitable room unless:
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:
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]
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.
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).
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]
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.
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.
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:
Faces a wall or other obstruction at a distance of less than ten (10) feet.
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°).
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.
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]
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.
Water Supply And Sinks.
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.
There shall be at least one (1) kitchen sink installed and maintained in good, clean operation in every dwelling unit and studio unit.
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]
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.
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.
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.
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.
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]
Generally. Every habitable room shall have natural ventilation or a mechanical ventilation system adequate for the purpose for which the room is used.
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.
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]
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.
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]
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.
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.
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.
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.
Laundry Area. Every laundry area shall contain at least one (1) grounded type convenience outlet of twenty (20) ampere rating.
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.
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.
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.
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:
Flush or semi-flush mounted floor convenience outlets, unless provided with an approved water-proof cover.
Extension cords for other than short-term, temporary use.
Conductor supported pendant switches or conductor supported light fixtures, unless bearing the current Underwriters' Laboratory approval.
Loose or hanging wires.
Frayed or bare wires.
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]
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.
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.
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]
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.
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.
Fences and other minor construction. Shall be maintained in a safe and substantial condition.
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.
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.
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.
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.
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.
Maintenance Generally. Buildings and structures shall be maintained in such condition that they shall not become an unoccupied hazard as defined in this Chapter.
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.
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.
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.
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]
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.
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]
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.
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]
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:
A public nuisance as known as common law, statutory law or in equity jurisprudence, and
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.
All such nuisances are hereby declared to be unlawful.
[Ord. No. 246 §24, 8-19-1980]
Occupants of dwelling units, studio units and rooming units shall be responsible for compliance with this Chapter in regard to the following:
Limiting occupancy of that part of the premises which he/she occupies or controls to the maximum permitted by this Chapter.
Maintenance of that part of the premises which he/she occupies or controls in a clean, sanitary and safe condition.
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.
Keeping exits from his/her dwelling unit, studio unit or rooming unit clear and unencumbered.
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.
Extermination of insects, rodents or other pests within his/her dwelling unit, studio unit or rooming unit.
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.
The installation and removal of required screens.
Keeping his/her domestic animals and pets in an appropriate manner and under control.
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]
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.
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.
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]
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.
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.
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:
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.
Upon notification that repairs or other work required by a previous inspection have been completed.
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.
Upon notification that new construction has been completed.
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.
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]
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.
Transfer Of Ownership — Occupancy Permit.
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.
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.
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.
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.
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.
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:
An occupancy permit fee as set by resolution of the Board of Alderpersons shall have been paid.
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.
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.
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.
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.
Enforcement Procedure — Costs.
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.
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.
The rules of evidence prevailing in courts of record shall be controlling in hearings held pursuant to this Section.
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.
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.
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.
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.
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.
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]
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.
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.
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.
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]
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.
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.
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]
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:
To restrain, correct or remove the violation or refrain from any further execution of work;
To restrain or correct the erection, installation or alteration of such building;
To require the removal of work in violation;
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
To enforce the penalty provisions of this Chapter.
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]
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.
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.
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.
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.
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.
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.
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.
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.
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.
In no case shall the appellant be liable for any expenses or costs for surveys, investigations or hearings of the Board.
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]
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.
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]
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.
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.