[1]
Editor’s Note: Section 13 of Ord. No. 17-061 renumbered former Article VIII, Property Maintenance Code, containing Sections 500.090 through 500.096, to now be Article XIII, Property Maintenance Code, containing Sections 500.500 through 500.550. The content of these Sections was only altered to reflect new numbering and update internal references to reflect same.
[Ord. No. 97-223 §1, 12-31-1997; Ord. No. 98-35 §§1—2, 2-25-1998; Ord.
No. 98-66 §1, 4-29-1998; Ord. No. 02-035 §1, 3-28-2002; Ord.
No. 03-009 §1, 1-29-2003; Ord. No. 04-044 §8, 3-31-2004; Ord.
No. 05-046 §1, 4-27-2005; Ord. No. 05-169 §§2—4, 11-29-2005; Ord. No. 06-041 §2, 3-28-2006; Ord. No. 07-016 §2, 1-30-2007; Ord.
No. 07-177 §1, 12-27-2007; Ord. No. 08-003 §1, 1-14-2008; Ord.
No. 10-040 §2, 6-2-2010]
A.
St.
Charles County hereby adopts the 2009 International Property Maintenance
Code, a copy of which shall be deposited in the Office of the County
Registrar with this ordinance, with the following amendments:
1.
Section 101.1 is amended to read as follows (added language in italics, deleted language in [brackets]):
Title. These regulations shall be known as
the [International] Property Maintenance Code of St. Charles
County [NAME OF JURISDICTION], hereinafter referred to as
"this code". This code shall apply to properties in the unincorporated
part of the St. Charles County and in municipalities that adopt this
code and contract with St. Charles County for its enforcement.
2.
Section 101.2 is amended to read as follows (added language in italics, deleted language in [brackets]): [Ord. No.
15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
Scope. The provisions of this code shall apply to all existing
residential structures (including, but not limited to, all
manufactured or mobile homes) and nonresidential structures
and all existing premises (except as provided below) and constitute minimum requirements and standards for premises,
structures, equipment and facilities for light, ventilation, space,
heating, sanitation, protection from the elements, life safety, safety
from fire and other hazards and for safe and sanitary maintenance;
the responsibility of owners, operators and occupants; the occupancy
of existing structures and premises and for administration, enforcement
and penalties.
Exception: Unless because of methamphetamine contamination a structure is subject to Section 500.530, Ordinances of St. Charles County, Missouri, or unless the Code Official determines, in writing, that a structure poses a danger to the health or safety of persons based on findings by members of the St. Charles County Division of Building and Code Enforcement, the provisions of this code shall not apply to any structure accessory to an active agricultural use of land where:
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1.
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Such active agricultural use of land is as determined by the St. Charles County Assessor under applicable provisions of Chapter 137, Revised Statutes of Missouri, as amended, and regulations of the State Tax Commission promulgated pursuant to them, or
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2.
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Such active agricultural use of land is for active conservation
and hunting purposes, and
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3.
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Such structure is not within 500 feet of land subject
to residential zoning.
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3.
Section 102.3 Application of other codes, is amended to read as follows
(added language in italics, deleted language in [brackets]):
Application of other codes. Repairs, additions
or alterations to a structure, or changes of occupancy, shall be done
in accordance with the procedures and provisions of the International
Building Code, International Residential Code, International
Fuel Gas Code, International Mechanical Code and NFPA 70. Nothing
in this code shall be construed to cancel, modify or set aside any
provision of the [International Zoning Code or the] Unified Development Ordinance of St. Charles County, Missouri, Chapters 405, 410 and 412, Ordinances of St. Charles County, Missouri.
4.
Section 103.1 is amended to read as follows (added language in italics, deleted language in [brackets]):
General. The Director of the Department of Community
Development or his/her designee shall be known as the Code Official. [The department of property maintenance inspection is hereby created
and the executive official in charge thereof shall be known as the
Code Official.]
5.
Section 103.2 is amended to read as follows (added language in italics, deleted language in [brackets]):
Occupancy permits. Occupancy permits shall be required
for all existing structures upon any change in ownership, tenancy
or occupancy of such structures. A new owner, tenant or occupant shall
submit to the Code Official, on forms supplied by the Code Official,
an application for an occupancy permit along with required inspection
fees. The Code Official shall promptly schedule and conduct inspections
for occupancy permits; shall order the applicant to correct any violations
of this code noted at the time of inspection; and shall issue an occupancy
permit only after reinspecting to determine that the applicant has
complied with that order. It shall be a violation of this code to
occupy any structure subject to this provision without an occupancy
permit.
Exception: An occupancy permit shall not be required
for existing residential structures unless the structure was condemned
by the Code Official in accordance with this code. Such condemned
structures shall meet all the minimum requirements of all applicable
codes and regulations adopted by St. Charles County as a prerequisite
to issuance of an occupancy permit.
Exception: The Code Official may issue a temporary occupancy
permit for a period not to exceed ninety (90) days, if the Code Official
determines that, by type and amount, the violations of this code that
must be corrected do not constitute a health or safety risk to occupants
or to surrounding properties.
[Appointment. The Code Official shall be appointed by the chief
appointing authority of the jurisdiction.]
6.
Section 103.5 is amended to read as follows (added language in italics, deleted language in [brackets]):
Fees: Any fees for activities or services performed
pursuant to this code shall be set by ordinance. [The fees
for activities and services performed by the department in carrying
out its responsibilities under this code shall be as indicated in
the following schedule.]
[JURISDICTION TO INSERT APPROPRIATE SCHEDULE.]
7.
Section 104.6 is amended to read as follows (added language in italics, deleted language in [brackets]):
Records [Department records]: The Code Official
shall keep official records of all business and activities [of the
department] specified in the provisions of this code. Such records
shall be retained in the official records for the period required
for retention of public records.
8.
Section 105.1 is amended to read as follows (added language in italics, deleted language in [brackets]):
Modifications. Whenever there are practical difficulties involved
in carrying out the provisions of this code, the Code Official shall
have the authority to grant modifications for individual cases upon written application of the owner or owner's representative on forms provided by the Code Official, provided the Code
Official shall first find that special individual reason makes the
strict letter of this code impractical and the modification is in
compliance with the intent and purpose of this code and that such
modification does not lessen health, life and fire safety requirements.
The details of action granting modifications shall be recorded and
entered in the department files.
9.
Section 106.4 is amended
to read as follows (added language in italics, deleted
language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015; Ord.
No. 23-092, 10-10-2023]
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Violation penalties. Any person who shall violate a provision
of this code, or fail to comply therewith, or with any of the requirements
thereof, shall be prosecuted within the limits provided by State or
local laws. Violations of this code are misdemeanors punishable
by fines and subject to punishment pursuant to the following provisions:
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(1)
Notwithstanding any other provision of this code to the contrary,
for a violation of this Property Maintenance Code, the court shall
not assess a fine, if combined with the amount of court costs, totaling
in excess of:
a.
A sun of two hundred dollars ($200.00), if the defendant
has committed no property violations within twelve (12) months prior
to the violation for which the defendant is to be sentenced;
b.
A sum of two hundred seventy-five dollars ($275.00), if the
defendant has committed one (1) property violation within twelve (12)
months prior to the violation for which the defendant is to be sentenced;
c.
A sum of three hundred fifty dollars ($350.00), if the defendant
has committed two (2) property violations within twelve (12) months
prior to the violation for which the defendant is to be sentenced;
or
d.
A sum of four hundred fifty dollars ($450.00), if the defendant
has committed three (3) or more property violations within twelve
(12) months prior to the violation for which the defendant is to be
sentenced.
(2)
The court shall not sentence a person to confinement, except
the court may sentence a person to confinement for any violation involving
alcohol or controlled substances, violations endangering the health
or welfare of others, or eluding or giving false information to a
Law Enforcement Officer;
(3)
A person shall not be placed in confinement for failure to
pay a fine unless such non-payment violates terms of probation or
unless the due process procedures mandated by Missouri Supreme Court
Rule 37.65 or its successor rule are strictly followed by the court;
(4)
Court costs that apply shall be assessed against the defendant
unless the court finds that the defendant is indigent based on standards
set forth in determining such by the Presiding Judge of the Circuit.
Such standards shall reflect model rules and requirements to be developed
by the Supreme Court; and
(5)
No court costs shall be assessed if the defendant is found to be indigent under Subsection (4) of this Section or if the case is dismissed.
(6)
Subject to the limitations on imposing fines and charging court costs if the defendant is found to be indigent under Subsection (4) of this Section and subject to the maximum fine and court costs limitations under Subsection (1) of this Section, the following minimum fine amounts shall be charged for a property violation:
a.
A sum of seventy-five dollars ($75.00), if the defendant
has committed one (1) violation of this Chapter within twelve (12)
months prior to the violation for which the defendant is to be sentenced;
b.
A sum of one hundred fifty dollars ($150.00), if the defendant
has committed two (2) violations of this Chapter within twelve (12)
months prior to the violation for which the defendant is to be sentenced;
or
c.
A sum of two hundred twenty-five dollars ($225.00), if the
defendant has committed three (3) or more violations of this Chapter
within twelve (12) months prior to the violation for which the defendant
is to be sentenced.
10.
Section 108.1 is amended to read as follows (added language in italics, deleted language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
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General. When a structure or equipment or premises is found by the [Code Official] Division of Building and
Code Enforcement to be unsafe, or when a structure is found
unfit for human occupancy, or is found unlawful, [such structure shall
be condemned] such structure, equipment or premises shall
be deemed uninhabitable/unusablepursuant to the provisions
of this code.
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11.
Section 108.1.1 is amended to read as follows (added language in italics, deleted language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
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Unsafe structures or premises. An unsafe structure
is one that is found to be dangerous to the life, health, property
or safety of the public or the occupants of the structure by not providing
minimum safeguards to protect or warn occupants in the event of fire,
or because such structure contains unsafe equipment or is so damaged,
decayed, dilapidated, structurally unsafe or of such faulty construction
or unstable foundation, that partial or complete collapse is possible. Unsafe premises are premises determined [found] by the Code Official as provided below to present hazards to owners,
occupants, visitors or the public because of such conditions as contamination,
outdoor storage or use of explosives, hazardous materials or chemical,
unstable ground, subsidence or sinkholes, or falling, fallen or failing
trees.
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The Code Official's determination required by this Section shall be in writing and based (except in cases of methamphetamine contamination governed by Section 500.530, Ordinances of St. Charles County, Missouri) upon findings by the Division of Building and Code Enforcement.
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12.
Section 108.2 is amended to read as follows (added language in italics, deleted language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
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Closing of [condemned] vacant structures that are uninhabitable/unusable: If [the condemned] the uninhabitable/unusable structure is vacant and unfit for human habitation and occupancy or is unsafe, but is not in danger of structural collapse, the Division of Building and Code Enforcement [Code Official] is authorized to post an "inhabitable/unusable" placard [of condemnation] on the premises and order the structure closed up so as not to be an attractive nuisance. A structure may be closed by securing all [openings] unsecured doors, windows or holes large enough to allow entrance to the structure with locks and/or by screwing them shut and/or by boarding. If boarding is used, it shall be a minimum of one-half-inch plywood or oriented strand board (OSB) securely fastened to the structure with corrosion-resistant screws and painted white or beige or the same color as the structures siding or trim. OSB shall be installed with its smooth side facing out. Upon failure of the owner or agent having charge of a property to comply with a correction order in a notice of violation of this Section, that owner or agent shall be subject to prosecution in accordance with Section 106.3 of the International Property Maintenance Code, and the Code Official may cause the violation to be abated as provided by Section 500.510.
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[If the structure is vacant and unfit for human habitation and
occupancy and is not in danger of structural collapse, the Code Official
is authorized to post a placard of condemnation on the premises and
order the structure closed up so as not to be an attractive nuisance.
Upon failure of the owner to close up the premises within the time
specified in the order, the Code Official shall cause the premises
to be closed and secured through any available public agency or by
contract or arrangement by private persons and the cost thereof shall
be charged against the real estate upon which the structure is located
and shall be a lien upon such real estate and may be collected by
any other legal resource.]
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12a.
Section 108.3 is amended to read as follows (added
language in italics, deleted language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
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Notice. Whenever the Division of Building and Code Enforcement [Code Official] has restricted for use [condemned]
a structure or equipment or premises under the provisions
of this Section, an "uninhabitable/unusable" notice
shall be posted in a conspicuous place in or about the structure affected
by such notice and served on the owner or person or persons responsible
for the structure or equipment in accordance with Section 107.3. If
the notice pertains to equipment, it shall also be placed on the [condemned]
equipment subject to the notice. If the notice pertains to
premises it shall be placed on the principal structure, if any, on
the same tract. The notice shall be in the form prescribed
in Section 107.2.
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13.
Section 108.4 is amended to read as follows (added language in italics, deleted language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
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Placarding. Upon failure of the owner or person responsible
to comply with the notice provisions within the time given, the [Code
Official] Division of Building and Code Enforcement may [shall] post on the structure or premises or on defective equipment
a placard bearing the words "uninhabitable/unusable" [word "Condemned"] and a statement of the penalties provided for
occupying the premises, operating the equipment or removing the placard.
Whether to post a placard shall depend on whether the premises or
equipment constitutes an attractive nuisance or is threatened with
vandalism.
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13a.
Section 108.4.1 is amended to read as follows (added
language in italics, deleted language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
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108.4.1 Placard removal. The [Code Official] Division
of Building and Code Enforcement shall remove the condemnation
placard whenever the defect or defects upon which the [condemnation
and] placarding action were based have been eliminated. Any person
who defaces or removes a condemnation placard without the approval
of the [Code Official] Division of Building and Code Enforcement shall be subject to the penalties provided by this code.
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13b.
Section 108.5 is amended to read as follows (added
language in italics, deleted language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
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Any occupied structure [condemned and] placarded by the [Code
Official] Division of Building and Code Enforcement shall be vacated as ordered by the [Code Official] Division
of Building and Code Enforcement. Any person who shall occupy
a placarded premises or shall operate placarded equipment, and any
owner or any person responsible for the premises who shall let anyone
occupy placarded premises or operate placarded equipment shall be
liable for the penalties provided by this code.
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13c.
Section 108.6 is amended to read as follows (added
language in italics, deleted language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
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The owner, operator or occupant of a building, premises or equipment
deemed unsafe by the [Code Official] Division of Building
and Code Enforcement shall abate or cause to be abated or
corrected such unsafe conditions either by repair, rehabilitation,
demolition or other approved corrective action.
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14.
Section 108.6 is amended by addition of a new subsection 108.6.1
reading as follows (added language in italics):
108.6.1 Mobile homes. Any mobile, manufactured or modular home that has been condemned by any governmental agency (Federal, State, County or Municipal) shall be removed from St. Charles County jurisdiction at owner's expense within thirty (30) days after condemnation has been posted, unless the structure has been repaired in accordance with Section 500.600, Ordinances of St. Charles County, Missouri.
14a.
Section 108.7 is amended to read as follows (added
language in italics, deleted language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
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108.7 Record. The [Code Official] Division of Building
and Code Enforcement shall cause a report to be filed on
an unsafe condition. The report shall state the occupancy of the structure
and the nature of the unsafe condition.
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14b.
Section 109.1 is amended to read as follows (added
language in italics, deleted language in [brackets]:
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
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When, in the opinion of the [Code Official] Division
of Building and Code Enforcement, there is imminent danger
of failure or collapse of a building or structure which endangers
life, or when any structure or part of a structure has fallen and
life is endangered by the occupation of the structure, or when there
is actual or potential danger to the building occupants or those in
the proximity of any structure because of explosives, explosive fumes
or vapors or the presence of toxic fumes, gases or materials, or operation
of defective or dangerous equipment, the [Code Official] Division
of Building and Code Enforcement is hereby authorized and
empowered to order and require the occupants to vacate the premises
forthwith. The [Code Official] Division of Building and Code
Enforcement shall cause to be posted at each entrance to
such structure a notice reading as follows: "This Structure Is Unsafe
and Its Occupancy Has Been Prohibited by the [Code Official] Division of Building and Code Enforcement. It shall be unlawful
for any person to enter such structure except for the purpose of securing
the structure, making the required repairs, removing the hazardous
condition or of demolishing the same.
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The Division of Building and Code Enforcement's findings required by this Section shall be in writing and based (except in cases of methamphetamine contamination governed by Section 500.530, Ordinances of St. Charles County, Missouri) upon determinations by the St. Charles Building Commissioner or members of their staff.
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14c.
Section 109.2 is amended to read as follows (added
language in italics, deleted language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
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Notwithstanding other provisions of this code, whenever, in
the opinion of the [Code Official] Division of Building and
Code Enforcement, there is imminent danger due to an unsafe
condition, the [Code Official] Division of Building and Code
Enforcement shall cause the necessary work to be done, in the absence of by a property owner or its insurer, including
the boarding up of openings, to render such structure temporarily
safe whether or not the legal procedure herein described has been
instituted; and shall cause such other action to be taken as the [Code
Official] Division of Building and Code Enforcement deems necessary to meet such emergency.
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14d.
Section 109.3 is amended to read as follows (added
language in italics, deleted language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
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When necessary for public safety, the [Code Official] Division of Building and Code Enforcement shall temporarily
close structures and close, or order the authority having jurisdiction
to close, sidewalks, streets, public ways and places adjacent to unsafe
structures, and prohibit the same from being utilized.
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14e.
Section 109.4 is amended to read as follows (added
language in italics, deleted language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
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For the purposes of this Section, the [Code Official] Division of Building and Code Enforcement shall employ the
necessary labor and materials to perform the required work as expeditiously
as possible.
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15.
Section 109.5 is amended to read as follows (added language in italics, deleted language in [brackets]):
Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction, subject to proceedings for their recovery including those authorized in Section 500.510(B), Ordinances of St. Charles County, Missouri. [Costs incurred
in the performance of emergency work shall be paid by the jurisdiction.
The legal counsel of the jurisdiction shall institute appropriate
action against the owner of the premises where the unsafe structure
is or was located for the recovery of such costs.]
16.
Section 110.1 is amended to read as follows (added language in italics, deleted language in [brackets]):
General: The Code Official shall order the owner of any premises
upon which is located any structure, which in the Code Official judgment
after review is so deteriorated or dilapidated or has become so out
of repair as to be dangerous, unsafe, insanitary or otherwise unfit
for human habitation or occupancy, and such that it is unreasonable
to repair the structure, to demolish and remove such structure; or
if such structure is capable of being made safe by repairs, to repair
and make safe and sanitary, or to board up and hold for future repair
or to demolish and remove at the owner's option; or where there has
been a cessation of normal construction of any structure for a period
of more than two years, the Code Official shall order the owner to
demolish and remove such structure, or board up until future repair.
Boarding the building up for future repair shall not extend beyond
one year, unless approved by the Building Official. The provisions of Section 500.520, Ordinances of St. Charles County, Missouri, shall apply to notices and orders authorized by this Section.
17.
Section 110.2 is amended to read as follows (added language in italics, deleted language in [brackets]):
Notices and orders. The provisions of Section 500.520, Ordinances of St. Charles County, Missouri, shall apply to notices and orders authorized by the preceding section. [All notices
and orders shall comply with Section 107.]
18.
Section 110.3 is amended to read as follows (added language in italics, deleted language in [brackets]):
Failure to comply. The provisions of Section 500.520, Ordinances of St. Charles County, Missouri, shall apply to failure to comply with notices and orders authorized by Section 110.1. [If the owner of a premises fails to comply with a demolition order
within the time prescribed, the Code Official shall cause the structure
to be demolished and removed, either through an available public agency
or by contract or arrangement with private persons, and the cost of
such demolition and removal shall be charged against the real estate
upon which the structure is located and shall be a lien upon such
real estate.]
19.
Section 111.1 is amended to read as follows (added language in italics, deleted language in [brackets]):
[Ord. No. 13-087 §5, 11-25-2013; Ord. No. 15-097 §1,
9-28-2015]
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Application for appeal: Except as provided below, any person affected by any notice which has been issued in connection with the enforcement of any provision of this code or of any rule or regulation adopted pursuant thereto may appeal to the Building Commission of St. Charles County, as provided in the International Building Code of St. Charles County, Section 500.100, Ordinances of St. Charles County, Missouri, except that such an appeal shall be heard and ruled on by three-member panels of the Building Commission appointed by its chairperson, and except that an application for appeal under this provision shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. Any person affected by a Notice of Unsafe Structure issued pursuant to Section 110.2. above, may appeal that notice pursuant to Chapter 536, Revised Statutes of Missouri, as amended, as provided in the Section 500.520, Ordinances of St. Charles County, Missouri.
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[Any person directly affected by a decision of the Code Official
or a notice or order issued under this code shall have the right to
appeal to the Board of Appeals, provided that a written application
for appeal is filed within 20 days after the day the decision, notice
or order was served. An application for appeal shall be based on a
claim that the true intent of this code or the rules legally adopted
thereunder have been incorrectly interpreted, the provisions of this
code do not fully apply, or the requirements of this code are adequately
satisfied by other means.]
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20.
Sections 111.2 through 111.8 (Membership of the board; Notice of
meeting; Open hearing; Postponed hearing; Board decision; Court review;
Stays of enforcement) are deleted in their entirety.
21.
Section 112.4 is amended to read as follows (added language in italics, deleted language in [brackets]):
Failure to comply: Any person who shall continue any work after
having been served with a stop work order, except such work as that
person is directed to perform to remove a violation or unsafe condition,
shall be prosecuted and penalized as provided in Section 106,
above [liable to a fine of not less than [AMOUNT] dollars
or more than [AMOUNT] dollars].
22.
Section 201.3 is amended to read as follows (added language in italics, deleted language in [brackets]):
Terms defined in other codes: Where terms are not defined in
this code and are defined in other codes adopted in Titles
IV and V, Ordinances of St. Charles County, Missouri [the
International Building Code, International Fire Code, International
Zoning Code, International Plumbing Code, International Mechanical
Code or NFPA 70], such terms shall have the meanings ascribed to them
as stated in those codes.
23.
Section 201.5 is amended to read as follows (added language in italics, deleted language in [brackets]):
Parts: Whenever the words "dwelling unit", "dwelling",
"premises", "building", "manufactured home", "mobile home", "modular
home", "recreational vehicle", "rooming house", "rooming unit", "story"
or "structure" are stated in this code, they shall be construed as
though they were followed by the words "or any part thereof". [Whenever the words "dwelling unit", "dwelling", "premises", "building",
"rooming house", "rooming unit", "housekeeping unit" or "story" are
stated in this code, they shall be construed as though they were followed
by the words "or any part thereof11.]
24.
Section 202.0's definitions of the terms identified below ["CONDEMN",
"DETERIORATION", "DWELLING UNIT", "GARBAGE" AND "RUBBISH"] are amended
to read as follows (added language in italics, deleted language in
[brackets]): [Ord. No. 15-097 §1, 9-28-2015]
[CONDEMN: To adjudge unsafe or unfit for occupancy.]
DETERIORATION: To weaken, disintegrate, corrode, rust or decay
[and lose effectiveness].
DWELLING UNIT: A single unit providing complete, independent
living facilities for one (1) or more persons, including permanent
provisions for living, sleeping, eating, cooking and sanitation. This term is intended to include, but not be limited to, mobile,
manufactured and modular homes.
GARBAGE: Animal or vegetable waste. [The animal
or vegetable waste resulting from the handling, preparation, cooking
and consumption of food.]
RUBBISH: Combustible and non-combustible waste materials, except
garbage; the term shall include the residue from the burning of wood,
coal, coke and other combustible materials, paper, rags, cartons,
boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings,
tin cans, metals, mineral matter, glass, crockery, vehicle
and boat parts and dust and other similar materials. This term shall also include indoor furnishings and fixtures such
as indoor furniture, appliances, lighting fixtures, mattresses, refrigerators,
washers, dryers and water softeners, when left on exterior premises.
UNINHABITABLE/UNUSABLE: Adjudged by the Code Official
to be unsafe or unfit for occupancy or use under Section 108 herein.
25.
Section 302.2 is amended to read as follows (added language in italics, deleted language in [brackets]):
Grading and drainage. All premises shall be graded and maintained
to prevent the erosion of soil and to prevent the accumulation of
stagnant water thereon, or within any structure located thereon. Stagnant water is any water standing for three (3) days in the absence
of any precipitation.
26.
Section 302.3 is amended to read as follows (added language in italics, deleted language in [brackets]):
Sidewalks and driveways. All sidewalks, walkways, stairs, driveways,
parking spaces and similar areas shall be kept in a proper state of
repair and maintained free from hazardous conditions. All
pavement shall be maintained to prevent the accumulation of stagnant
water thereon. Stagnant water is any water standing for three (3)
days in the absence of any precipitation.
27.
Section 302.4 is amended to read as follows (added language in italics, deleted language in [brackets]):
Weeds: All developed premises or exterior property shall be maintained free from weeds or plant growth in excess of ten (10) inches. For purposes of this provision, premises or exterior property are "developed" if improved with any structure or if used for outdoor storage of materials or if within a platted subdivision. For purposes of this provision, premises or exterior property includes any public or private right-of-way, so that it shall be the duty of all property owners to maintain premises or exterior property up to the curb or edge of pavement. However, the Code Official may waive the height requirements set out above for any premises or exterior property or part thereof unless doing so would adversely affect health or safety. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, but not trees or shrubs, or agricultural crops, or gardens in the rear yard, or cultivated flowers. Upon failure of the owner or agent having charge of a property to comply with a correction order in a notice of violation of this Section, that owner or agent shall be subjection to prosecution in accordance with Section 106.3, above, and the Code Official may cause the violation to be abated as provided in Section 500.510(A), Ordinances of St. Charles County, Missouri.
[All premises and exterior property shall be maintained free
from weeds or plant growth in excess of (jurisdiction to insert height
in inches). All noxious weeds shall be prohibited. Weeds shall be
defined as all grasses, annual plants and vegetation, other than trees
or shrubs; provided, however, this term shall not include cultivated
flowers and gardens.]
[Upon failure of the owner or agent having charge of a property
to cut and destroy weeds after service of a notice of violation, they
shall be subject to prosecution in accordance with Section 106.3 and
as prescribed by the authority having jurisdiction. Upon failure to
comply with the notice of violation, any duly authorized employee
of the jurisdiction or contractor hired by the jurisdiction shall
be authorized to enter upon the property in violation and cut and
destroy the weeds growing thereon, and the costs of such removal shall
be paid by the owner or agent responsible for the property.]
28.
Section 302.7 is amended to read as follows (added language in italics, deleted language in [brackets]):
Accessory structures. All accessory structures, including detached
garages, detached carports, fences, boat
docks, antennas, satellite dishes, tents and walls, shall
be maintained structurally sound and in good repair.
29.
Section 302.8 is amended to read as follows (added language in italics, deleted language in [brackets]):
Motor vehicles and trailers. Except as otherwise provided in this Subsection, no vehicle or trailer may be parked, kept or stored on any premises, if such vehicle is: unlicensed, or unregistered, or in a state of disassembly or disrepair, or in the process of being stripped or dismantled. After issuance of a notice of violation of any provision of this Section, such violation may be deemed a continuing violation upon recurrence of that same violation. Further, any motor vehicle or trailer parked in violation of this Section, if it is subject to the licensing and registration requirements of Chapter 301, Revised Statutes of Missouri, may be subject to towing under Chapter 304, Revised Statutes of Missouri, as amended, or under the Vehicle Removal Code of St. Charles County, Section 500.540, OSCCMo.
Exception: An unlicensed or unregistered vehicle or
trailer may be parked in residential zoning districts or in residential
subdivisions provided that the vehicle or trailer is parked in an
enclosed garage or is kept within a carport under a tarpaulin or car
cover that is form fitting and covers the entire body of the vehicle
or trailer.
Exception: This provision shall not apply to the extent
that applicable zoning regulations provide otherwise.
[Except as provided for in other regulations, no inoperative
or unlicensed motor vehicle shall be parked, kept or stored on any
premises, and no vehicle shall at any time be in a state of major
disassembly, disrepair, or in the process of being stripped or dismantled.
Painting of vehicles is prohibited unless conducted inside an approved
spray booth.]
[Exception: A vehicle of any type is permitted to undergo major
overhaul, including body work, provided that such work is performed
inside a structure or similarly enclosed area designed and approved
for such purposes.]
30.
Section 302.10 shall be added and shall read as follows (added language
in italics):
Outdoor storage: All outdoor storage on industrially zoned properties either shall be neatly stacked with uniform aisle ways and comply with the requirements of Section 302.4 or shall be screened from view from all public or private streets. See the Unified Development Ordinance of St. Charles County, Missouri, Chapters 405, 410 and 412 of the Ordinances of St. Charles County, Missouri, for additional requirements pertaining to outdoor storage.
Outdoor storage on any lot or tract that is residentially zoned or platted or that is used for residential purposes shall be restricted to (a) firewood stacked and stored for personal use on the same lot or tract, (b) composting of residential yard waste in compliance with Section 240.1401, Ordinances of St. Charles County, Missouri (Solid Waste Management Code), and (c) other items incidental to residential occupancy such as mulch, building materials or landscaping materials, that are used for on-premises improvement projects related to such uses. But storage of such other items may be allowed only for a limited time, not to exceed 270 days, to complete such projects.
Outdoor storage on land in active agricultural use as
provided in Section 101.2 of the Property Maintenance Code as amended
shall be permitted for farm equipment, farm implements, materials
used in agriculture and fencing.
31.
Section 302.11 shall be added and shall read as follows (added language
in italics):
Dead trees and dead tree limbs. All dead trees and dead
tree limbs shall be removed from all tracts or lots (a) in residential
subdivisions and one (1) acre or less in area, or (b) dedicated to
any commercial or industrial use, or (c) improved with any structure
or public electric utility which is at risk of damage due to the fall
of such dead trees or deed tree limbs.
Upon failure of the owner or agent having charge of a property to comply with a correction order in a notice of violation of this Section, that owner or agent shall be subjection to prosecution in accordance with Section 106.3, above, and the Code Official may cause the violation to be abated as provided in Section 500.510(A), Ordinances of St. Charles County, Missouri.
32.
Section 303.1 is amended to read as follows (added language in italics, deleted language in [brackets]):
Swimming pools: Swimming pools shall be maintained in a clean
and sanitary condition and in good repair. All swimming pools shall be operated and maintained through the use of equipment required by the International Building Code of St. Charles County, Section 500.100, Ordinances of St. Charles County, Missouri, the International Residential Code for One- and Two-Family Dwellings of St. Charles County, Section 500.150, Ordinances of St. Charles County, Missouri, and/or the Aquatic and Recreational Facilities Code of St. Charles County, Chapter 233, Ordinances of St. Charles County, Missouri, as applicable. All swimming pools shall be maintained to prevent the accumulation of stagnant water. If a swimming pool is equipped with a tight fitting cover, that cover must be maintained to prevent the accumulation of stagnant water thereon. Stagnant water is any water standing for three (3) days in the absence of any precipitation.
33.
Section 304.6 is amended to read as follows (added language in italics, deleted language in [brackets]):
Exterior walls. All exterior walls shall be free from holes,
breaks and loose or rotting materials; and maintained weatherproof
and properly surface coated where required to prevent deterioration. Exterior walls shall be free from mold and mildew. Painted exterior
walls shall be free from faded colors that are not uniform, and touch
up paint shall match the existing colors.
34.
Section 304.14 is amended to read as follows (added language in italics, deleted language in [brackets]):
Insect screens. During the period from January 1 to
December 31 [[DATE] to [DATE]], every door, window and other
outside opening required for ventilation of habitable rooms, food
preparation areas, food service areas or any areas where products
to be included or utilized in food for human consumption are processed,
manufactured, packaged or stored shall be supplied with approved tightly
fitting screens of not less than 16 mesh per inch (16 mesh per 25
mm), and every screen door used for insect control shall have a self-closing
device in good working condition.
35.
Section 304.18.1 is amended to read as follows (added language in italics, deleted language in [brackets]):
Doors. All side-hinged doors [Doors] providing
access to a dwelling unit, rooming unit or housekeeping unit that
is rented, leased or let shall be equipped with a deadbolt lock designed
to be readily openable from the side from which egress is to be made
without the need for keys, special knowledge or effort and shall have
a lock throw of not less than 1 inch (25 mm). Such deadbolt locks
shall be installed according to the manufacturer's specifications
and maintained in good working order. For the purpose of this Section,
a sliding bolt shall not be considered an acceptable deadbolt lock.
Exception: Dead bolts shall not be required on doors
leading from dwelling units to attached garages where exterior garage
doors are provided.
36.
Section 304.19 shall be added and shall read as follows (added language
in italics):
Skirting. Every manufactured and mobile home, now existing
or subsequently located within unincorporated St. Charles County,
shall have skirting around the entire structure. Skirting shall be
made of aluminum or vinyl material.
37.
Section 305.3 is amended to read as follows (added language in italics, deleted language in [brackets]):
Interior surfaces. All interior surfaces, including windows
and doors, shall be maintained in good, clean and sanitary condition.
Peeling, chipping, flaking or abraded paint shall be repaired, removed
or covered. Cracked or loose plaster, decayed wood and other defective
surface conditions shall be corrected as directed by the Code
Official.
38.
Section 306 (Component Serviceability) is deleted in its entirety.
39.
Section 308.1 is amended to read as follows (added language in italics, deleted language in [brackets]):
Accumulation of rubbish or garbage or sewage. All exterior property and premises, including natural watercourses and setback areas on those premises as defined and regulated by the Unified Development Ordinance of St. Charles County, Chapter 405, Ordinances of St. Charles County, Missouri, and the interior of every structure shall be free from any accumulation of rubbish or garbage or sewage. No rubbish or garbage or sewage may be collected, stored or sorted on or within any vehicle or container other than a container designed or constructed for such use. [All exterior property and premises, and the
interior of every structure, shall be free from any accumulation of
rubbish or garbage.]
40.
Section 308.1.1 shall be added and shall read as follows (added language
in italics):
Abatement by St. Charles County of violations of Section 307.1 (rubbish or garbage or sewage). Upon failure of the owner or agent having charge of a property to comply with a correction order in a notice of violation of this Section, that owner or agent shall be subjection to prosecution in accordance with Section 106.3, above, and the Code Official may cause the violation to be abated as provided in Section 500.510(A), Ordinances of St. Charles County, Missouri.
41.
Section 308.1.2 shall be added and shall read as follows (added language
in italics):
Abatement by St. Charles County of violations of Section
307.1 (rubbish or garbage or sewage) (cost offset for salvage). If
St. Charles County causes the removal of accumulated rubbish or garbage
or sewage pursuant to Section 307.1.2, the County is authorized to
sell salvage and valuable materials and apply sales proceeds as provided
by Section 110.4 of this International Property Maintenance Code.
42.
Section 308.2 is amended to read as follows (added language in italics, deleted language in [brackets]):
Disposal of rubbish. Every occupant of a structure shall dispose
of all rubbish in a clean and sanitary manner by placing such rubbish
in approved containers, that is, containers meeting the requirements of the Solid Waste Management Code of St. Charles County, Section 240.310, Ordinances of St. Charles County, Missouri.
43.
Section 308.3 is amended to read as follows (added language in italics, deleted language in [brackets]):
Disposal of garbage. Every occupant of a structure shall dispose
of garbage in a clean and sanitary manner by placing such garbage
in an approved garbage disposal facility or approved garbage containers, that is, containers meeting the requirements of the Solid Waste Management Code of St. Charles County, Section 240.310, Ordinances of St. Charles County, Missouri.
44.
Section 308.4 shall be added and shall read as follows (added language
in italics):
On-site storage of approved containers or approved garbage
containers. Containers required by this Section shall not be stored
in the front yard as defined in Chapter 405, OSCCMo, or on a front
porch or landing of any building, nor shall such containers be stored
so that they may be pushed about or turned over by wind.
45.
Section 404.5 is amended to read as follows (added language in italics, deleted language in [brackets]):
Overcrowding. Dwelling units shall not be occupied by
more occupants than permitted by the minimum area requirements of
Table 404.5. [The number of persons occupying a dwelling
unit shall not create conditions that, in the opinion of the Code
Official, endanger the life, health, safety or welfare of the occupants.]
|
TABLE 404.5
| |||||
|---|---|---|---|---|---|
|
MINIMUM AREA REQUIREMENTS
| |||||
|
SPACE
|
MINIMUM AREA IN SQUARE FEET
| ||||
|
1—2 occupants
|
3—5 occupants
|
6 or more occupants
| |||
|
Living room a,b
|
No requirements
|
120
|
150
| ||
|
Dining room a,b
|
No requirements
|
80
|
100
| ||
|
Bedrooms
|
Shall comply with Section 404.4
| ||||
|
For SI: 1 square foot = 0.093 m2.
| |||||
|
a.
|
See Section 404.5.2 for combined living room/dining room spaces.
| ||||
|
b.
|
See Section 404.5.1 for limitations on determining the minimum
occupancy area for sleeping purposes.
| ||||
|
|
404.5.1 Sleeping area. The minimum occupancy area required
by Table 404.5 shall not be included as a sleeping area in determining
the minimum occupancy area for sleeping purposes. All sleeping areas
shall comply with Section 404.4.
|
|
|
404.5.2 Combined spaces. Combined living room and dining
room spaces shall comply with the requirements of Table 404.5 if the
total area is equal to that required for separate rooms and if the
space is located so as to function as a combination living room/dining
room.
|
46.
(Reserved)
47.
Section 602.2 is amended to read as follows (added language in italics, deleted language in [brackets]):
Residential occupancies: Dwellings shall be provided with heating
facilities capable of maintaining a room temperature of 68°F (20°C)
in all habitable rooms, bathrooms and toilet rooms based on the winter
outdoor design temperature for the locality indicated in Appendix
D of the International Plumbing Code. Cooking appliances and/or portable
heaters shall not be used to provide space heating to meet the requirements
of this Section.
Exception: In areas where the average monthly temperature is
above 30°F (-1°C), a minimum temperature of 65°F (18°C)
shall be maintained.
48.
Section 602.3 is amended to read
as follows (added language in italics, deleted language
in [brackets]):
Heat supply: Every owner and operator of any building who rents,
leases or lets one or more dwelling units or sleeping units on terms,
either expressed or implied, to furnish heat to the occupants thereof
shall supply heat during the period from January 1 to December
31 [[DATE] to [DATE]] to maintain a temperature of not less
than 68°F (20°C) in all habitable rooms, bathrooms and toilet
rooms.
Exceptions:
1.
When the outdoor temperature is below the winter outdoor design temperature
for the locality, maintenance of the minimum room temperature shall
not be required provided that the heating system is operating at its
full design capacity. The winter outdoor design temperature for the
locality shall be as indicated in Appendix D of the International
Plumbing Code.
2.
In areas where the average monthly temperature is above 30°F
(-1°C), a minimum temperature of 65°F (18°C) shall be
maintained.
49.
Section 602.4 is amended to read
as follows (added language in italics, deleted language
in [brackets]):
Occupiable work spaces: Indoor occupiable work spaces shall
be supplied with heat during the period from January 1 to
December 31 [[DATE] to [DATE]] to maintain a temperature
of not less than 65°F (18°C) during the period the spaces
are occupied.
Exceptions:
50.
Section 604.2 is amended to read as follows (added language in italics, deleted language in [brackets]):
Service. The size and usage of appliances and equipment shall
serve as a basis for determining the need for additional facilities
in accordance with NFPA 70. Dwelling units shall be served by a minimum three-wire, 120/240 volt, single-phase electrical
service having a rating of not less than 60 amperes.
51.
Section 604.3.1.1 is amended to read as follows (added language in italics, deleted language in [brackets]):
Electrical equipment. Electrical distribution equipment, motor
circuits, power equipment, transformers, wire, cable, flexible cords,
wiring devices, ground fault circuit interrupters, surge protectors,
molded case circuit breakers, low-voltage fuses, luminaires, ballasts,
motors and electronic control, signaling and communication equipment
that have been exposed to water shall be replaced in accordance with
the provisions of the National Electric Code [International
Building Code].
52.
Section 604.3.2.1 is amended to read as follows (added language in italics, deleted language in [brackets]):
Electrical equipment. Electrical switches, receptacles and fixtures,
including furnace, water heating, security system and power distribution
circuits, that have been exposed to fire, shall be replaced in accordance
with the provisions of the National Electric Code [International Building Code].
53.
Section 702.3 is amended to read as follows (added language in italics, deleted language in [brackets]):
Locked doors. All means of egress doors shall be readily openable
from the side from which egress is to be made without the need for
keys, special knowledge or effort, except where the door hardware
conforms to that permitted by the International Building Code or International Residential Code.
[Ord. No. 10-040 §2, 6-2-2010; Ord.
No. 15-097 §2, 9-28-2015]
Where the Code Official is authorized by the Property Maintenance
Code of St. Charles County to abate a violation of that code, the
Code Official may do so as provided herein.
A.
Non-emergency abatement responsibilities of Code Official. In the absence of an emergency, the Code Official shall employ the
following procedure:
1.
Notice of order to abate and of hearing. The
Code Official shall serve a notice of the violation to be abated on
the owners of the property and on any other person responsible for
it. That notice may be served personally, or by mail, or by posting
on the property. That notice shall order a hearing by the Director
of Community Development in at least four (4) calendar days and shall
order the abatement of the violation by the time of the hearing.
2.
Failure to abate, hearing, declaration of nuisance and
further order to abate. If the violation is not abated by
the time of the hearing, the Director of Community Development may
find and declare the violation a nuisance at that hearing and order
the violation abated within two (2) working days.
3.
Failure to abate and abatement by Code Official. If the violation is not abated within two (2) working days, the
Code Official shall have that violation abated at public expense and
certify the costs thereof and of all necessary inspections and administrative
proceedings and record keeping to the St. Charles County Director
of Finance.
B.
Emergency abatement responsibilities of Code Official. In
an emergency, where the Code Official abates a violation as authorized
in such cases by the Property Maintenance Code of St. Charles County,
the Code Official shall employ the following procedure:
1.
Notice of emergency abatement and of hearing. The Code Official shall serve a notice of the violation abated by
the Code Official pursuant to the Property Maintenance Code, including
a declaration that the violation is an emergency, the grounds for
that declaration, and a statement of the costs of abating that violation,
upon the owners of the property and on any other person responsible
for it. That notice may be served personally, or by first class mail,
postage prepaid, or by posting on the property. That notice shall
order a hearing by the Director of Community Development in at least
four (4) calendar days.
2.
Hearing and final order. At hearing the Director
of Community Development may confirm, modify or withdraw any element
of the foregoing notice, shall enter a final order reflecting those
determinations, and shall certify any confirmed costs of abatement
and, if there are any such costs, the costs of any and of all necessary
inspections and administrative proceedings and record keeping to the
St. Charles County Director of Finance.
C.
The Code Official or his or her designee shall be present during
the abatement pursuant to this Section. Any and all items removed
from the property during an abatement shall be photographically recorded
by the Code Official or his or her designee.
[Ord. No. 16-077 §1, 10-11-2016]
D.
Imposition of lien after abatement by Code Official responsibilities
of Director of Finance. The St. Charles County Director of
Finance shall prepare and issue to the owners of the property in violation
a special tax bill against the property for those costs, payable within
thirty (30) days of issuance. Each such special tax bill shall include
a notice of lien stating that if the bill is not paid when due, it
shall become, from the date of its issuance, a first (1st) lien on
the property until paid, to be collected by the St. Charles County
Collector of Revenue in the same way as property taxes are collected.
Each such special tax bill shall be prima facie evidence of the recitals
therein and of its validity, and no mere clerical error or informality
in the tax bill or the proceedings leading up to its issuance shall
be a defense thereto. The St. Charles County Director of Finance shall
deliver each such special tax bill that remains unpaid after payment
is due to the St. Charles County Collector of Revenue on or before
the first (1st) day of June of each year, to be collected with property
taxes as provided above.
E.
Appeal. An aggrieved party may appeal from an order
of the Director of Community Development as provided by Chapter 536,
Revised Statutes of Missouri.
[Ord. No. 10-040 §2, 6-2-2010; Ord. No. 11-044 §1, 6-14-2011]
A.
Notice Of Unsafe Structure. If an unsafe condition as defined
by the Property Maintenance Code of St. Charles County is found in
a building or structure, the Director of the St. Charles County Division
of Building and Code Enforcement (hereafter "Code Official") shall
prepare and issue a Notice of Unsafe Structure. For purposes of this
Section, an unsafe condition may also include:
[Ord. No. 15-097 §3, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016; Ord. No. 19-035, 5-13-2019]
1.
Failure to repair or demolish any structure that is damaged by fire
or by flood within three (3) months of such damage; or
2.
Failure to repair or demolish any structure having been issued a
notice of violation and deemed uninhabitable pursuant to the Property
Maintenance Code of St. Charles County within three (3) months of
the date of such notice.
B.
Identification Of Defects. The notice shall list defects
in the structure or building that constitute unsafe conditions and
declare that structure or building a public nuisance.
1.
The notice shall also order the structure or building vacated by
the fifteenth (15th) day following service of the notice. However,
if the Code Official determines that an imminent dangerous condition
exists, the notice shall also order that the structure or building
be vacated forthwith pursuant to Section 109.1 of the Property Maintenance
Code of St. Charles County and that the building or structure be boarded
up within twelve (12) hours of service of the notice.
2.
In addition, the notice shall order that substantial work on repairs
must begin or (if repairs would be unreasonable) that demolition must
be completed by no later than the thirtieth (30th) day following service
of the notice.
C.
Form Of Notice. The notice shall be in substantially the
following form: [Ord. No. 16-054 §11, 7-25-2016]
ST. CHARLES COUNTY DIVISION OF BUILDING AND CODE ENFORCEMENT:
NOTICE OF UNSAFE STRUCTURE, DECLARATION OF PUBLIC NUISANCE AND ORDER
Unsafe Structure:
(insert address or other adequate description of building or
structure)
Serve:
(insert names of owner, occupant, lessee, mortgagee, agent and
all other persons having an interest in the structure or building
according to the land records of the St. Charles County Recorder of
Deeds)
Notice Of Unsafe Structure, Declaration Of Public Nuisance,
And Order:
(complete paragraphs 1, 2 and either 3A or 3B)
1.
THE STRUCTURE OR BUILDING IDENTIFIED ABOVE IS UNSAFE AND IS HEREBY
DECLARED A PUBLIC NUISANCE BECAUSE OF THE FOLLOWING DEFECTS:
2.
NO PERSON MAY OCCUPY THIS STRUCTURE OR BUILDING, OR ANY PART THEREOF,
AFTER THE FIFTEENTH (15TH) DAY FOLLOWING SERVICE OF THIS NOTICE. After
such date, no person shall occupy, enter, refuse to leave, or remain
in this structure or building or any part thereof, except persons
directly employed in securing, repairing or removing such building.
3A.
THIS STRUCTURE OR BUILDING MUST BE REPAIRED
TO CURE THE DEFECTS LISTED IN PARAGRAPH 1 ABOVE. WORK MUST BEGIN BY
THE THIRTIETH (30TH) DAY FOLLOWING SERVICE OF THIS NOTICE AND PROCEED
CONTINUOUSLY WITHOUT UNNECESSARY DELAY TO COMPLETION. This order may
be obeyed by demolition and removal of this structure. Upon failure
to repair as herein required, the Code Official may, after hearing,
order repairs to be made, and the cost thereof charged to the owner
of this property as a special tax lien.
3B.
THIS STRUCTURE MUST BE DEMOLISHED AND REMOVED FROM THE PREMISES BY THE THIRTIETH (30TH) DAY FOLLOWING SERVICE OF THIS NOTICE. If this structure is not demolished and removed by that date, the Code Official may, after hearing, order the same done and the cost assessed against the property as a special tax lien. This demolition order is mandatory. However, it may be converted into a repair order, provided that plans and bids satisfying the requirements of Subsection 500.520(G) and, if applicable, Subsection 500.520(H) below be presented to the St. Charles County Division of Building and Code Enforcement within thirty (30) days of the service of this notice.
D.
Posting Of Notice. A copy of the Notice of Unsafe Structure
and Declaration of Public Nuisance shall be posted in a prominent
place on the premises.
E.
Method Of Service Of Notice. The Notice of Unsafe Structure
shall be recorded at the office of the St. Charles County Recorder
and shall be served on all affected parties, namely owners, occupants,
lessees, mortgagees, agents and all other persons having an interest
in the unsafe building or structure as shown by the land records of
the St. Charles County Recorder of Deeds. The notice may be served
personally or by first class mail, postage prepaid, or if service
cannot be had by either of these modes of service, then by at least
one (1) publication in a newspaper of general circulation in St. Charles
County.
F.
Restoration. An unsafe structure may be restored to safe
condition solely as authorized by the International Building or Residential
Code of St. Charles County.
G.
Unreasonable Repairs General Provision. As provided in the International Building or Residential Code of St. Charles County and subject to Subsection 500.520(H), below, the Code Official shall presume that a structure or building may not be repaired if the Code Official determines that the cost of repairs would exceed seventy-five percent (75%) of the current assessed value of the unsafe structure or building as determined by the St. Charles County Assessor's most recent assessment. To rebut this determination, a property owner, within thirty (30) days of the service of a Notice of Unsafe Structure, must present to the Director who issued the notice three (3) signed bids from outside contractors.
[Ord. No. 15-097 §3, 9-28-2015]
H.
Unreasonable Repairs Special Provision For Unsafe Buildings Or Structures
In Floodway, Floodway Fringe Or Density Floodway Zoning Districts
As Defined By St. Charles County Zoning Regulations. With respect to unsafe structures or buildings in Floodway, Floodway Fringe or Density Floodway zoning districts as defined in Article XI, Sections 405.245 et seq. of the Unified Development Ordinance of St. Charles County, Missouri, the Director of the St. Charles County Division of Building and Code Enforcement shall apply the non-conforming use provision specifically applicable in such zoning districts.
[Ord. No. 16-054 §11, 7-25-2016]
I.
Failure To Comply With Repair Or Demolition Order In Notice Of Unsafe
Structure Notice Of Hearing Service. If the affected parties
fail to commence work on repairs or complete demolition within the
time stated in the notice of unsafe structure, or if the affected
parties fail to proceed continuously with the work without unnecessary
delay, the Code Official shall call a hearing upon the matter, giving
the affected parties twenty-one (21) days' written notice of the hearing.
Said notice of hearing may be served personally or first class mail,
postage prepaid, or if service cannot be had by either of these modes
of service, then by at least one (1) publication in a newspaper of
general circulation.
J.
Conduct Of Hearing. The Director of Community Development (hereinafter "director") shall conduct a full and adequate hearing. Any affected party may be represented by counsel and all affected parties shall have an opportunity to be heard. Upon hearing the parties, the director may find and conclude that the structure to be demolished is not unsafe and need not be demolished or repaired, or that the structure is unsafe and must be demolished or repaired, in which case the director may order demolition or repair by the County as provided in Subsection (K) below or may institute legal action in a court of competent jurisdiction to compel demolition or repair.
[Ord. No. 15-097 §3, 9-28-2015]
K.
Cost Of Repair Or Demolition To Be Recovered By Tax Lien. If the director issues an order whereby the building or structure
is demolished, secured or repaired at St. Charles County's expense,
the cost of performance shall be certified to St. Charles County's
Finance Officer who shall cause a special tax bill or assessment therefore
against the property to be prepared and collected by the County Collector.
At the request of the taxpayer, the tax bill may be paid in installments
over a period of not more than ten (10) years. The tax bill from date
of its issuance shall be deemed a personal debt against the property
owner and shall also be a lien on the property until paid.
[Ord. No. 15-097 §3, 9-28-2015]
L.
Salvage Materials. If the Director orders a building
or structure demolished at the County's expense, the County is authorized
to sell salvage and valuable materials and apply sales proceeds as
provided by the International Property Maintenance Code, as adopted
by St. Charles County.
[Ord. No. 15-097 §3, 9-28-2015]
M.
Appeal. Affected parties may appeal from the determination
of the director as provided by Chapter 536, Revised Statutes of Missouri.
[Ord. No. 15-097 §3, 9-28-2015]
[Ord. No. 11-121 §1, 12-29-2011; Ord. No. 13-023 §1, 3-28-2013]
A.
Title. This Section is entitled and may be known as "Levels
of Contamination Due to Production of Methamphetamine and Protocols
for Abating Such Contamination".
B.
Purpose. The purposes of this Section are:
1.
To adopt standards for identifying dangerous levels of toxic chemicals
and residue associated with the production of methamphetamine; and
2.
To establish protocols whereby the St. Charles County Department
of Community Development may cooperate with and rely on the Drug Task
Force when applying the Property Maintenance Code of St. Charles County
to order or cause the abatement of contamination in structures due
to the production of methamphetamine.
C.
DEPARTMENT
DRUG TASK FORCE
METHAMPHETAMINE
QUALIFIED COMPANY OR QUALIFIED CONTRACTOR
1.
2.
3.
4.
5.
6.
UNSAFE CONTAMINATION
Definitions. For
purposes of this Section, the words or terms listed below are defined
as follows:
The St. Charles County Department of Community Development.
The St. Charles County Regional Drug Task Force, a multi-jurisdictional
enforcement group or MEG established by intergovernmental agreements
between St. Charles County and the municipalities of O'Fallon, St.
Peters, Wentzville, Lake St. Louis and St. Charles pursuant to the
Intergovernmental Drug Laws Enforcement Act, Sections 195.501 to 195.511,
RSMo., as amended.
Dextro methamphetamine, levo methamphetamine, and unidentified
isomers of the same, any racemic mixture of dexto/levo methamphetamine,
or any mixture of unidentified isomers of methamphetamine. The term
includes derivatives, conjugates, oxides and reduced forms of the
basic structure associated with the formation of methamphetamine.
For the purposes of this protocol, this term includes amphetamine,
ephedrine and pseudoephedrine.
A company or contractor that tests structures for the presence
of unsafe contamination and/or abates such unsafe contamination and
that:
Complies with the guidelines of the U.S. Environmental Protection
Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup
(August 2009);
Complies with the regulations of the Occupational Safety and
Health Administration of the United States Department of Labor relating
to hazardous waste operations and emergency response, including 29
Code of Federal Regulations Section 1910.120;
Requires that at least one (1) employee or supervisor assigned
to and on duty at any work site shall have completed the forty (40)
hour Hazardous Waste Operations and Emergency Response (HASWOPER)
training [Occupational Safety and Health Administration (OSHA) 29
CFR 1910];
Requires its personnel to complete a clandestine drug lab assessment
and decontamination course offered by a sponsor acceptable to the
Drug Task Force and/or Department;
Neither employs nor is managed or owned by any person who has
either been convicted of any crime involving the production, possession,
use, or distribution of methamphetamine, or is currently being prosecuted
for any crime involving the production, possession, use, or distribution
of methamphetamine; and
Is not engaged to test or decontaminate a structure in which
it or any of its owners, managers or personnel has an interest.
The presence of chemicals in a structure at levels exceeding the levels for such chemicals as provided in Subsection (D), below.
D.
Unsafe Contamination. A structure will be considered unsafe
for purposes of the Property Maintenance Code of St. Charles County
if it is found to contain any of the chemicals listed below at exposure
limits above the levels listed below established by the National Institute
for Occupational Safety and Health (NIOSH):
1.
Red Phosphorus—any amount
2.
Iodine Crystals C0.1 ppm (1 mg/m3)
3.
Sulfuric Acid TWA 1 mg/m3
4.
Hydrogen Chloride C 5 ppm (7 mg/m3)
5.
Hydrochloric Acid (Hcl gas) - C 5 ppm (7 mg/m3)
6.
Methamphetamine—in a concentration equal to or greater than
1.5 µgram/100 cm2
7.
Lead and Mercury—If it is determined that the phenyl-2-propanone
(P2P) method of methamphetamine manufacturing was used, surface levels
for lead in excess of 20 µg/ft2 and vapor samples for Mercury
in excess of 50 ng/m3.
E.
Closure And Abatement Orders Upon Report And Investigation By Drug
Task Force.
1.
When the Drug Task Force reports to the Department that a structure in unincorporated St. Charles County, or in a municipality that has contracted for enforcement of the Property Maintenance Code with St. Charles County, has been used for the use or production of methamphetamine or as a storage facility for chemicals used in the manufacturing of methamphetamine, the Department may order that structure closed pursuant to Section 109 of the Property Maintenance Code of St. Charles County. The Department shall rescind such an order if either the Drug Task Force or a qualified company or contractor engaged by the structure's owner to perform sampling and testing under Subsection (F)(3) below later reports that after testing and investigation it has not found unsafe contamination in that structure.
2.
When the Drug Task Force reports to the Department that a structure
in unincorporated St. Charles County, or in a municipality that has
contracted for enforcement of the Property Maintenance Code with St.
Charles County, contains unsafe contamination as identified in the
preceding Subsection, the Department shall order that structure closed
pursuant to Section 109 of the Property Maintenance Code of St. Charles
County.
F.
Supplementary Notice And Instructions.
1.
While closure and abatement orders pursuant to Section 109 of the
Property Maintenance Code of St. Charles County may be posted, the
Department shall also attempt to contact the owner of record of the
affected property, or the owner's agent, as provided by Section 107
of the Property Maintenance Code of St. Charles County.
2.
Such notice shall direct the owner to contact the Department's Division
of Building and Code Enforcement within twenty (20) calendar days
to identify a qualified contractor or company engaged to decontaminate
the structure and establish a schedule for decontaminating the structure,
and further advise the owner that failure to contact the Department
within that time specified may result in the Department's request
to disconnect electric service in order to ensure that the structure
is not re-occupied until it is decontaminated.
[Ord. No. 16-054 §11, 7-25-2016]
3.
Such notice shall also inform the owner that if the owner contacts
the Department within the time specified in the notice, the owner
may request to have the structure retested, but such retesting must
be performed as follows.
a.
The owner must employ the services of a qualified company or contractor
to perform sampling and to analyze the samples.
b.
An inspector for the County must be present when the qualified company
or contractor takes samples and the owner shall pay an inspection
fee of forty dollars ($40.00), payment of which must be made prior
to the appointment for taking samples.
c.
Sampling and testing shall be performed in accordance with the appropriate
Sections of the U.S. Environmental Protection Agency Voluntary Guidelines
for Methamphetamine Laboratory Cleanup (August 2009).
d.
The qualified company or contractor engaged by the owners must report
the results of its analysis of the samples taken to the Department.
G.
Decontamination.
1.
If testing confirms the presence of unsafe contamination in a structure,
the owner shall hire a qualified contractor or company to decontaminate
the structure and will advise the Department of the schedule for decontamination.
2.
The schedule for the work and evidence that the qualified contractor
or company meets the requirements of this Section must be submitted
for approval to the Department within twenty (20) calendar days of
the receipt of notice. Approval will be based solely on the timeliness
of the schedule and the qualifications of the contractor. Approval
or rejection of the schedule will be provided within a reasonable
time of submission. If rejected the owner will be informed, in writing,
of specific reasons for the rejection and will be required to amend
the schedule or the proposed qualified contractor or company. Decontamination
shall be performed in accordance with the appropriate Sections of
the U.S. Environmental Protection Agency Voluntary Guidelines for
Methamphetamine Laboratory Cleanup (August 2009).
3.
If the owner of property determined to have unsafe contamination fails to voluntarily abate that contamination, the Department may serve a Notice of Violation and proceed in accordance with Section 500.520, Ordinances of St. Charles County, Missouri. The Department may request disconnection of the electrical service until the decontamination is complete.
4.
Post decontamination sampling. Following the completion
of the work the owner shall notify the Department that work is complete
and the owner must provide written test results as evidence that the
property is compliant with this regulation. The post remediation sampling
and testing must be performed by a qualified contractor or company
other than and independent of the contractor or company that performed
the decontamination and that sampling and testing must be done in
accordance with the appropriate Sections of the U.S. Environmental
Protection Agency Voluntary Guidelines for Methamphetamine Laboratory
Cleanup (August 2009).
H.
Final Action. After the property has been decontaminated
and the Department is in possession of evidence that the pertinent
chemical levels are below the levels established for unsafe contamination
by this Section, the structure will be considered safe and suitable
for performance of a full inspection for an occupancy permit in accordance
with Section 103.2 of the Property Maintenance Code of St. Charles
County, Section 500.500, OSCCMo. If electric service has been disconnected,
the Department will notify the electric utility company that the unsafe
condition has been mitigated and service can be restored. The property
owner shall be responsible for any re-connection fees.
[Ord. No. 07-178 §1, 12-27-2007]
A.
Title. This Section shall be known and may be cited as the
"Vehicle Removal Code".
B.
Scope And Effect. This Vehicle Removal Code applies to vehicles on private property that violate the Property Maintenance Code of St. Charles County, Section 500.500, OSCCMo. This Vehicle Removal Code does not alter or affect rights and duties that relate to the towing of abandoned vehicles which Chapter 304, Revised Statutes of Missouri, as amended, vests in St. Charles County, or in the St. Charles County Chief of Police, in any other agency of law enforcement, or, finally, in any owners of private property on which vehicles belonging to others may be abandoned.
C.
Authority To Declare Nuisance And Order Removal. The Director
of Building and Code Enforcement or his/her designee may declare a
motor vehicle or trailer, if parked on private property in violation
of Section 302.8 of the Property Maintenance Code of St. Charles County,
as adopted with amendments in Section 500.500.22, OSCCMo, to be a
nuisance and order the removal of that motor vehicle or trailer.
[Ord. No. 16-054 §11, 7-25-2016]
D.
Responsibility For Removal. Upon proper notice of such declaration
and order, and if an opportunity to be heard is given, the owner of
the motor vehicle or trailer and the owner and the occupant (if other
than the owner) of the real property whereon the motor vehicle or
trailer is situated shall be jointly and individually liable for the
removal of that motor vehicle or trailer. In the event of removal
or disposition or both by the County, the owner of the motor vehicle
or trailer and the owner or occupant of the private property where
same is located shall be jointly and individually liable for the expenses
incurred.
E.
Notice Procedure.
1.
The Director of Building and Code Enforcement or his/her designee shall give notice of the declaration and order authorized by Subsection (C), above, to the owner of the motor vehicle or trailer, if ascertainable, and to the owner or occupant of the private property where it is located. Such notice shall be given at least seven (7) days before the time set for compliance and shall also schedule a hearing on the same day as the date of compliance in the event any party seeks to be heard rather than comply with the order. Any request for an alternate date, which may be no later than three (3) days thereafter as provided by the notice, must be:
[Ord. No. 16-054 §11, 7-25-2016]
a.
Filed with the Director of Building and Code Enforcement no later
than three (3) days prior to the time set for compliance;
b.
Filed on a form developed for that purpose by the Director of Building
and Code Enforcement and served with the above-mentioned notice; and
c.
Served on all parties to whom the above-mentioned notice was addressed.
2.
It shall constitute sufficient notice for a copy of the declaration
and order a) to be left at the residence of the occupant, if any,
of the private property on which the motor vehicle or trailer is located,
b) to be placed on the motor vehicle or trailer, and c) to be sent
by first class mail, postage prepaid, to the owner of the motor vehicle
or trailer, if ascertainable, and d) to be sent by first class mail,
postage prepaid, to the owner of the private property at the owner's
last known address according to the records of St. Charles County.
3.
The declaration and order shall provide the following information:
a.
Cite the violation of the Property Maintenance Code of St. Charles
County;
b.
Declare that violation to be a nuisance;
c.
Order the removal of the motor vehicle or trailer within the seven
(7) day period;
d.
State that there is a right to a hearing, set a date for such hearing
no sooner than the end of the seven (7) day period mentioned above,
and provide notice that at any time prior to the scheduled hearing
date, any party may file with the Code Official and serve on all other
parties a written request for an alternate hearing date, which the
Code Official shall schedule forthwith, with notice to all parties;
and
e.
Advise that upon failure to comply with the order to remove, the
County shall undertake such removal with the cost of removal to be
levied against the owner or occupant of the real property upon which
the vehicle is situated, or the owner of the vehicle.
F.
Removal Of Motor Vehicle Or Trailer From Private Property.
[Ord. No. 16-054 §11, 7-25-2016]
1.
The Director of Building and Code Enforcement or his/her designee,
including the St. Charles County Chief of Police or his/her designee,
shall have the right to enter upon private property to take possession
of the motor vehicle or trailer and remove it from the premises if
the violation has not been remedied within the seven (7) day compliance
period, subject to the following provisos:
a.
The timely request for an alternate hearing date shall stay the compliance
period until such time as the Director of Building and Code Enforcement
has entered a decision and for such additional period of time as shall
be allotted by the Director of Building and Code Enforcement if abatement
is ordered.
b.
The Director of Building and Code Enforcement his/her designee or
the St. Charles County Chief of Police or his/her designee shall not
enter upon private property dedicated to residential use without the
consent of its residential occupant(s) or a duly issued warrant from
a court of competent jurisdiction.
2.
It shall be unlawful for any person to interfere with, hinder or
refuse to allow the Building and Code Enforcement or his/her designee
or the St. Charles County Chief of Police or his/her designee to enter
upon private property for the purpose of removing a motor vehicle
or trailer in accordance with this Vehicle Removal Code.
3.
Within seventy-two (72) hours of the removal of a motor vehicle or
trailer from private property, the Director of Building and Code Enforcement
or his/her designee or the St. Charles County Chief of Police or his/her
designee shall give notice to the Director of Revenue of the State
of Missouri, the registered owner of the motor vehicle or trailer,
if ascertainable, and to the owner and occupant, if any, of the private
property from which the motor vehicle or trailer was removed, that
said motor vehicle or trailer has been impounded and stored for violation
of the Property Maintenance Code of St. Charles County. The notice
shall describe the motor vehicle or trailer, give the location where
it is stored, and state that its owner or the owner or occupant (if
any) of the property from which it was removed will be charged with
the cost of removal and storage.
G.
Procedure For Hearing.
[Ord. No. 16-054 §11, 7-25-2016]
1.
A public hearing shall be conducted before the Director of Building
and Code Enforcement. Formal rules of evidence shall not apply; however,
the parties shall have the right to present evidence, confront and
cross-examine witnesses, and receive a written decision based upon
the facts adduced at the hearing.
2.
The public hearing held by the Director of Building and Code Enforcement
is to determine whether there are reasonable grounds to believe that
the motor vehicle or trailer ordered to be towed violates the Property
Maintenance Code of St. Charles County.
3.
If after hearing the Director of Building and Code Enforcement is
satisfied that there are reasonable grounds to believe that such a
violation exists, the Director shall order the vehicle's removal.
The Director may impose such conditions and take such other action
as deemed appropriate under the circumstances to carry out the purpose
of this code and may delay the time for the removal of the motor vehicle
or trailer if, in the Director's opinion, the circumstances justify
it. In the alternative, the Director of Building and Code Enforcement
shall enter an order allowing such vehicle to remain if the he or
she finds no violation or nuisance. The costs of removal, storage
and advertising expenses, if any, shall be charged against the County
or the owner of the vehicle or private property as deemed appropriate
by the Director of Building and Code Enforcement.
H.
Method Of Removal And Disposition Of Motor Vehicles, Trailers And
Property.
1.
If a motor vehicle or trailer declared to be a nuisance or ordered
removed is not timely removed or if that declaration and order is
not rescinded after hearing pursuant to this Vehicle Removal Code,
the Director of Building and Code Enforcement shall notify the St.
Charles County Chief of Police to remove or cause to be removed any
motor vehicle or trailer. Upon receiving that notification, the St.
Charles County Chief of Police or his/her designee may remove or cause
to be removed any such motor vehicle or trailer in accordance with
the provisions of this Vehicle Removal Code by requesting such services
of a service station, towing operator, salvage dealer or motor vehicle
repair shop under contract with St. Charles County for towing services.
Such vehicles or trailers shall be placed in a garage, towing service
facility, auto repair shop or other place designated or maintained
by the St. Charles County Chief of Police.
[Ord. No. 16-054 §11, 7-25-2016]
2.
Neither the Director of Building and Code Enforcement, nor the St.
Charles County Chief of Police, nor any of their designees, nor, finally,
anyone having custody of a motor vehicle or trailer towed pursuant
to this Vehicle Removal Code shall be liable for any damage to such
motor vehicle or trailer occasioned by its removal other than damages
occasioned by gross negligence or by willful or wanton acts or omissions,
except as provided by Section 304.154, Revised Statutes of Missouri,
as amended.
[Ord. No. 16-054 §11, 7-25-2016]
3.
The owner of a motor vehicle or trailer removed pursuant to this
Section shall be responsible for payment of all reasonable charges
for towing and storage of such motor vehicle or trailer, except that
if it has been reported as stolen or taken without the consent of
the owner, the owner shall be responsible only for its storage for
any period after five (5) business days after receiving the notice
of removal provided by the Missouri Director of Revenue pursuant to
Section 304.155 Revised Statutes of Missouri, as amended.
4.
Upon the towing of any vehicle under this Section, the Department
shall make an inquiry with the National Crime Information Center and
any statewide Missouri law enforcement computer system to determine
if the vehicle has been reported as stolen. The Department shall submit
a report to the Missouri Director of Revenue within five (5) working
days of the towing of the vehicle. Such report shall include the following:
a.
The year, model, make and vehicle identification number of the motor
vehicle or trailer;
b.
A description of any damage to the motor vehicle or trailer noted
by the Law Enforcement Officer;
c.
The license number;
d.
The storage location of the towed motor vehicle or trailer;
e.
The name and address of the tower;
f.
The date of the authorization to tow the vehicle; and
g.
The date of the inquiry of the National Crime Information Center
and any statewide Missouri law enforcement computer system to determine
if the motor vehicle or trailer had been stolen.
5.
The owner of such vehicle or the holder of a valid security interest
thereon which is in default may reclaim it from the service station,
towing operator, salvage dealer or motor vehicle repair shop upon
proof of ownership or valid security interest which is in default
and upon payment of all reasonable charges for the towing and storage
of the motor vehicle or trailer.
6.
Any person who removes a motor vehicle or trailer at the direction
of the St. Charles County Chief of Police as provided in this Section
shall have a lien for all reasonable charges for the towing and storage
of the vehicle, until possession of the motor vehicle or trailer is
voluntarily relinquished to the owner of the motor vehicle or trailer
or to the holder of a valid security interest thereon which is in
default. Such lien shall be enforced in the following manner:
a.
The lienholder in possession shall request the St. Charles County
Chief of Police to make inquiry with the National Crime Information
Center and any statewide Missouri law enforcement computer system
to determine if the vehicle had been reported stolen and in whose
name the vehicle is registered;
b.
The lienholder in possession shall notify by registered mail, postage
prepaid, the owner, if known, and any lienholders of record at their
last known addresses that application for a certificate of title will
be made unless the owner or lienholder of record makes satisfactory
arrangements with the person holding the vehicle for payment of towing
and storage within thirty (30) days of the mailing of the notice.
This notice shall be supplied by the use of a form designed and provided
by the Missouri Director of Revenue;
c.
Thirty (30) days after the notification form has been mailed and
the vehicle is unredeemed and no satisfactory arrangement has been
made with the lienholder in possession for continued storage, the
lienholder in possession may apply to the Missouri Director of Revenue
for a certificate of title if the towed vehicle is titled in Missouri.
The application shall be accompanied by:
(1)
The original or a conformed or photostatic copy of the Department's
written report authorizing the tow;
(2)
An affidavit of the lienholder in possession that he has been
in possession of the towed vehicle for thirty (30) days and that the
owner has failed to make arrangements for payment of towing and storage
charges;
(3)
A copy of the receipt indicating that the owner or lienholder
of record has received the notice required by Subdivision (b) of this
Subsection;
(4)
An inspection certificate shall be completed by the Department
on a form provided by the Missouri Department of Revenue. If the officer
who authorized the tow is not available to inspect the vehicle and
complete the certificate, the Department may designate another officer
to inspect the vehicle and complete the form. The inspection shall
be made at least thirty (30) days after the date of towing. The inspection
certificate shall be dated to reflect the date of the inspection;
(5)
Any fee as provided by State Statute.
7.
If a certificate of ownership has not been previously issued in Missouri on the towed vehicle, the lienholder in possession of the vehicle shall obtain ownership verification from the State in which the vehicle was last registered or titled, if known. If the lienholder is unable to determine the last known State of issuance of certificate of ownership or registration, he shall request ownership verification through any available nationwide network of vehicle records and shall notify the last owner of record and lienholder. The lienholder, upon notification of the last owner and any lienholder of record, shall comply with Subsection (6) of this Section before a certificate of ownership is issued.
8.
Towing operators, service stations, salvage dealers, or motor vehicle
repair shops who tow or store vehicles according to this Section shall
keep a record for three (3) years on each vehicle towed and not reclaimed
by the owner of the vehicle. Such record shall contain a copy of the
Department's authorization to tow, copies of all correspondence with
the Missouri Department of Revenue concerning the vehicle, and information
concerning the final disposition of the possession of the vehicle.
9.
Personal property found within a vehicle, except items affixed to
the vehicle, shall be considered and treated as lost property.
10.
Any other provision of this Chapter notwithstanding, when the Department
sells an abandoned vehicle in accordance with the terms of this Chapter,
the Department may transfer ownership by means of a bill of sale signed
by the County Registrar or his/her deputy and sealed with the official
County Seal. Such bill of sale shall contain the make and model of
the vehicle, the complete vehicle identification number and the odometer
reading of the vehicle and shall be lawful proof of ownership for
any dealer registered under the provisions of Section 301.218 or 301.251,
Revised Statutes of Missouri, as amended, or for any other person.
Any dealer or other person purchasing such a vehicle from the Department
shall apply within thirty (30) days of purchase for a certificate
of ownership as provided in Section 301.190, Revised Statutes of Missouri,
as amended, or for a junking certificate as provided in Section 301.227,
Revised Statutes of Missouri, as amended.
I.
Redemption Of Impounded Vehicles. The owner of any vehicle
seized under the provisions of this Vehicle Removal Code may redeem
the vehicle at any time during the normal business hours after the
vehicle removal, but prior to the sale or destruction of the vehicle
upon proof of ownership and payment to the St. Charles County Chief
of Police or his/her designee of such sum as may be determined and
fixed by the Chief of Police or his/her designee for the actual and
reasonable expense of removal, storage and advertising expenses, if
any.
[Ord. No. 07-179 §§1—2, 12-27-2007]
A.
Interference Prohibited. It shall be unlawful for any person
to interfere with, hinder or refuse to allow the Director of Building
and Code Enforcement or his/her designee or the St. Charles County
Chief of Police or his/her designee to enter upon private property
for the purpose of removing a motor vehicle or trailer in accordance
with a duly authorized order issued under the Vehicle Removal Code
of St. Charles County, Section 500.540, OSCCMo.
[Ord. No. 16-054 §11, 7-25-2016[1]]
[1]
Editor’s Note: Pursuant to Ord. No. 16-054, "Director
of Neighborhood Preservation" changed to "Director of Building and
Code Enforcement" in the title of this Section.
B.
Penalty. Any person violating Subsection (A) above shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than one thousand dollars ($1,000.00) and/or one (1) year's imprisonment for a term not exceeding one (1) year. Each act in violation of Subsection (A) above shall be deemed a separate offense.
