[1]
Editor’s Note: Section 15 of Ord. No. 17-061 renumbered former Article X, County Building Commission, containing Sections 500.110 through 500.210, to now be Article XV, County Building Commission, containing Sections 500.810 through 500.910. The content of these Sections was not altered except to reflect new numbering and update internal references to reflect same.
[Ord. No. 95-91 §1, 6-28-1995]
A nine (9) member County Building Commission is hereby established.
The Commission shall consist of one (1) representative each from the
electrical profession, the plumbing profession, the mechanical profession,
the architectural profession, the engineering profession, the residential
construction industry and the commercial construction industry; one
(1) County resident with no economic or family connections to the
construction industry or building trades; and a designated representative
from the membership of the County Council. All members shall be registered
voters and taxpayers who shall have resided in St. Charles County
for a period of not less than one (1) year prior to their appointment.
[Ord. No. 95-91 §2, 6-28-1995]
Each member of the Building Commission shall be appointed by the County Executive with approval of the County Council, pursuant to the St. Charles County Charter Article V, Section 5.104 (1992).
[Ord. No. 95-91 §3, 6-28-1995]
The initial appointments of the County Executive to the Building Commission shall include three (3) appointments for one (1) year, three (3) appointments for two (2) years and two (2) appointments for three (3) years. Successive appointments shall be for three (3) year terms expiring on June thirtieth (30th) of the year. The County Council representative shall have no term. Pursuant to the St. Charles County Charter Article V, Section 5.104 (1992), the County Executive shall appoint the members of the Building Commission with the approval of the County Council.
[Ord. No. 95-91 §4, 6-28-1995]
Removal of a member for good cause, such as conviction of a
crime, misappropriation of public funds, and malfeasance in office,
during the term may be made by ordinance.
[Ord. No. 95-91 §5, 6-28-1995]
Each member shall take an oath, to be administered by the County
Registrar, to insure that the spirit and intent of this Article shall
be observed, the welfare of the public upheld, and substantial justice
is done.
[Ord. No. 95-91 §6, 6-28-1995]
Any compensation shall be fixed by the County Executive as part
of the annual budget, subject to approval by the County Council.
[Ord. No. 95-91 §7, 6-28-1995]
Vacancies or absences on the Building Commission caused by death, incapacity to perform duties, failure to attend three (3) consecutive regular meetings, or resignation shall be filed forthwith by appointment pursuant to the St. Charles County Charter Article V, Section 5.104 (1992) and Section 500.820 of this Article.
[Ord. No. 95-91 §8, 6-28-1995]
A.
The
Building Commission shall meet regularly at least once per year for
the purpose of the transaction of its business and meet specially
as needed. It shall keep a public record of its resolutions, transactions,
findings and recommendations.
[Ord. No. 19-035, 5-13-2019]
B.
Place. The Commission may meet at any public place within
St. Charles County, but will normally meet in one (1) of the County
owned facilities.
C.
Time. The Commission shall hold meetings at such times as
its deems necessary in order to exercise its powers and duties.
[Ord. No. 95-91 §9, 6-28-1995]
A.
The
Building Commission shall observe all the following procedural requirements
while taking evidence at hearings or meetings:
1.
Any interested person may introduce evidence so long as it complies
with these rules and the fundamental rules of evidence.
3.
All proceedings shall be suitably recorded and preserved. A copy
of the transcript of such proceeding shall be made available to any
interested person upon the payment of a fee which shall in no case
exceed the reasonable cost of preparation and supply.
4.
Records and documents of the Commission may be introduced so as to
be a part of the record, but the records and documents may be considered
as a part of the record by reference thereto when so offered.
5.
The Commission shall take official notice of the St. Charles County
Charter and ordinances and all matters of which the courts take judicial
notice. They may also take official notice of technical or scientific
facts, not judicially cognizable, within their competence, if they
notify the parties, either before the hearing or during the hearing
of the facts of which they propose to take such notice and give the
parties reasonable opportunity to contest such facts or otherwise
show that it would not be proper for the Commission to take such notice
of them.
6.
Copies of writings, documents and records shall be admissible without
proof that the originals thereof cannot be produced, if it shall appear
by testimony or affidavit or certification by the custodian of the
writings, documents or records that the copy offered is a true copy
of the original.
7.
Any writing or record, whether in the form of an entry in a book
or otherwise, made as a memorandum or record of an act, transaction,
occurrence or event, shall be admissible as evidence of the act, transaction,
occurrence or event, if it shall appear that it was made in the regular
course of any business, and that it was the regular course of such
business to make such memorandum or record at the time of such act,
transaction, occurrence, or event or within a reasonable time thereafter.
All other circumstances of the making of such writing or record, including
lack of personal knowledge by the entrant or maker, may be shown to
affect the weight of such evidence, but such showing shall not affect
its admissibility. The term "business" shall include
business, profession, occupation and calling of every kind.
8.
The results of statistical examinations or studies, or of audits,
compilation of figures, or surveys, including interviews with many
persons or examination of many records, or of long or complicated
accounts, or of a large number of figures, or involving the ascertainment
of many related facts, shall be admissible as evidence of such results,
if it shall appear that such examination, study, audit, compilation
of figures, or survey was made by or under the supervision of a witness,
who is present at the hearing, who testifies to the accuracy of such
results, and who is subject to cross-examination by the Commission,
and if it shall further appear by evidence adduced that the witness
making or under whose supervision such examination, study, audit,
compilation of figures, or survey was made was basically qualified
to make it. All the circumstances relating to the making of such an
examination, study, audit, compilation of figures or survey, including
the nature and extent of the qualifications of the maker, may be shown
to affect the weight of such evidence, but such showing shall not
affect its admissibility.
9.
Any party of the Commission desiring to introduce an affidavit in
evidence at a hearing must file the affidavit with the Commission
not later than seven (7) days prior to the hearing.
[Ord. No. 95-91 §10, 6-28-1995]
A.
The
following shall be the duties and powers of the Building Commission:
1.
The Commission shall have the power to develop, prepare and recommend
to the County Executive and County Council for adoption by ordinance
a Building Code, Electrical Code, Mechanical Code, Plumbing Code,
Fire Prevention Code, Private Sewage Disposal Code, Property Maintenance
Code and any other Code deemed necessary for the purpose of promoting
the public safety, health and general welfare, protecting life and
property and preventing the construction of fire hazardous buildings
in the unincorporated territory of the County.
2.
The Commission shall have the power to develop, prepare and recommend
to the County Executive and County Council for adoption by ordinance
only procedures for the regulation and licensing of contractors and
tradesmen deemed necessary by the Commission for the purpose of promoting
the public safety, health and general welfare, protecting life and
property and preventing the construction of fire hazardous buildings
in the unincorporated territory of the County.
3.
The Commission shall have the power to develop, prepare and recommend
to the County Executive and County Council for adoption by ordinance
schedules of permit, license and inspection fees.
4.
The Commission shall serve as a Board of Code Appeals for appeals
of decisions of the Chief Code Enforcement Officer regarding the manner
of construction or materials used in the erection, alteration or repair
of a building or structure.
5.
The Commission may adopt rules of procedure consistent with the provisions
of Federal and State law and the St. Charles County Charter and ordinances.
a.
The rules adopted by the Commission must be deemed necessary to conduct
its business;
b.
The rules shall be adopted by a majority of the entire Commission;
c.
A copy of the rules adopted by the Commission shall be filed with
the County Registrar;
d.
The Commission may amend such rules of procedure by following the
same requirements for the adoption of such rules;
e.
In the event that the Commission has not adopted Rules of Procedure
or where the Commission's own Rules of Procedure are lacking, the
Commission shall follow Robert's Rules of Order.
f.
The rules adopted must provide for the keeping of appropriate records
which are approved by the Commission and signed by the Chair of the
Commission;
g.
The rules adopted by the Commission must provide that within thirty
(30) days following each meeting, the Commission shall file with the
County Registrar a record of its proceedings.
6.
The Commission shall have all powers given to County Building Commissions
under Missouri law.
[Ord. No. 95-91 §11, 6-28-1995]
A majority of the Commission shall constitute a quorum, and
a majority of the members shall determine all matters of appeal or
revision.
