City of Fenton, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 3620 § 1, 7-28-2016]
A. 
Title. These regulations shall be known as the Existing Structures Code of the City hereinafter referred to as the Existing Structures Code or "this Code."
B. 
Scope. This Code is to protect the health, safety and welfare of the City's residents in and around all existing structures, whether residential and non-residential, and on all existing premises, by establishing:
1. 
Minimum maintenance standards for all structures and premises for use and location; and for safe and sanitary maintenance of all structures and premises now in existence;
2. 
Regulations for rehabilitation and reuse of existing structures and allowing differences between the application of the Code requirements to new construction and the application of the Code requirements to alterations and repairs;
3. 
The responsibilities of owners; operators and occupants of all structures; and
4. 
Procedures for administration, enforcement and penalties.
C. 
Intent. This Code shall be construed liberally and justly to ensure public health, safety and welfare insofar as they are affected by the continued use and maintenance of structures and premises.
D. 
Severability. If a Section, Subsection, sentence, clause or phrase of this Code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of this Code.
[Ord. No. 3620 § 1, 7-28-2016]
A. 
General. The provisions of this Code shall apply to all matters affecting or relating to structures and premises, as set forth in Section 505.020. Where, in a specific case, different Sections of this Code specify different requirements, the most restrictive shall govern.
B. 
Maintenance. Except as otherwise noted herein, the owner or the owner's designated agent shall be responsible for the maintenance of structures and premises.
C. 
Application Of Other Regulations. Any repairs or alterations to a structure which are caused directly or indirectly by the enforcement of this Code shall be done in accordance with the procedures and provisions of the City's Building Code. Nothing in this Code shall cancel, modify or set aside the City's Zoning Code.
D. 
Existing Remedies. The provisions in this Code shall not be construed to abolish or impair existing remedies of the City or its officers or agencies relating to the removal or demolition of any structures which are dangerous, unsafe and unsanitary.
E. 
Workmanship. All repairs, maintenance work, alterations or installations which are required for compliance with this Code shall be executed and installed in a workmanlike and acceptable manner so as to secure the results intended by this Code.
F. 
Alterations Or Repairs. Exterior alterations or repairs to any structure shall be performed in conformance with all applicable, current regulations and Building Codes for a new structure; provided that such exterior alterations and/or repairs shall not cause the remainder of the existing structure to be required to be brought into compliance with all the requirements of the Code for new construction. No exterior alterations or repairs may be undertaken in a way that causes an existing structure to become unsafe or adversely affects the performance of the structure. Exterior alterations or repairs to an existing structure which are structural, or adversely affect any structural member or any part of the structure having a required fire-resistance rating, shall be made with materials as required for a new structure.
G. 
Other Ordinances. This Code establishes minimum exterior requirements for all structures and premises and does not replace or modify requirements otherwise established by ordinance which are additional or more stringent for the construction, repair, alteration or use of structures.
H. 
Other Regulations. The provisions in this Code shall not be construed to prevent the enforcement of other ordinances or regulations which prescribe standards other than are provided herein.
[Ord. No. 3620 § 1, 7-28-2016]
A. 
General. It shall be the duty and responsibility of the Code Official to enforce the provisions of this Code as herein provided.
B. 
Inspections. For the safety, health and welfare of the public, the Code Official in compliance with all applicable laws may enter upon any premises at any reasonable time for the purpose of making inspections and performing duties under this Code.
1. 
Non-Conforming Conditions. If additional non-conforming conditions are encountered during the course of any approved alteration or repair which were not considered or known initially, the Code Official shall have the authority to require compliance with this Code of such additional conditions. The determination of what is necessary to bring such conditions into compliance shall take into consideration the use of alternatives and equivalent approaches as provided for in this Code. The Code Official shall have the authority to approve construction changes in the field when conditions are encountered which make the originally approved work impractical, provided such changes in approved work can be readily determined to be in compliance with this Code and are requested by the owner or the owner's agent prior to such construction changes. Such changes shall be specifically documented by the owner or the owner's agent describing the change in work and the reasons and justification for the change and shall be filed with the permit for the project.
2. 
Right Of Entry. If any owner, occupant, operator or other person in charge of a structure subject to the provisions of this Code refuses entry and free access to any exterior part of the premises where inspection authorized by this Code is sought, the Code Official for good cause shall be permitted to seek from the Municipal Court or other court of competent jurisdiction, an administrative search warrant to allow entry onto the premises for inspection of any exterior feature or area not freely observable from the public right-of-way or other adjacent property.
C. 
Credentials. The Code Official shall display proper official credentials for the purpose of inspecting the exterior of any and all structures and premises in the performance of duties under this Code.
D. 
Relief From Personal Liability. Any Code Official, officer or employee of the City who acts in good faith, without malice and within the scope of duties or enforcement of this Code is relieved of all personal liability for any damage accruing to persons or property as a result of such acts or alleged failure to act. Further, the Code Official shall not be held liable for any costs in any action, suit or proceeding that is instituted by the City in the enforcement of this Code. In any of these actions, the official or employee shall be defended or represented by the City's attorney at law until the final termination of the proceedings. Nothing herein is intended as, nor shall be deemed, a waiver of the City's sovereign immunity which sovereign immunity is expressly reserved.
E. 
Notices And Orders. The Code Official shall issue all necessary notices and orders to abate illegal or unsafe conditions to ensure compliance with this Code's requirements for the safety, health and general welfare of the public.
[Ord. No. 3620 § 1, 7-28-2016]
A. 
Approved Materials. All approved materials shall be constructed and installed in accordance with such approval.
B. 
Used Materials. Building materials shall not be reused unless they have been reconditioned and approved for use.
C. 
Alternative Materials. The provisions of this Code are not intended to prevent the use of any material or method of construction not specifically prescribed by this Code, provided any such alternative has been approved. An alternative material or method of construction shall be approved when the Code Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this Code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code in quality, strength, effectiveness, fire-resistance, durability and safety.
D. 
Research And Investigations. The Code Official shall require that sufficient technical data be submitted to substantiate the proposed use of any material or assembly, and if it is determined that the evidence submitted is satisfactory proof of performance for the use intended, the Code Official shall approve its use subject to the requirements of this Code. The costs of all tests, reports and investigations required under these provisions shall be paid by the applicant.
[Ord. No. 3620 § 1, 7-28-2016]
A. 
Notice To Owner Or To Person Or Persons Responsible. Whenever the Code Official determines that there has been a violation of this Code or has reasonable grounds to believe that a violation has occurred, notice shall be given to the owner, operator or other person or persons responsible therefore in the manner prescribed below.
B. 
Form Of Notice. Except where otherwise provided, any notice required under this Chapter 505 shall:
1. 
Be in writing;
2. 
Include a description of the real estate sufficient for identification;
3. 
Include a statement of the reason or reasons why it is being issued. If the owner of the property does not also occupy the property, any notice of violation(s) directed to the property owner shall enumerate the specific violation or violations then existing on the property at the time of the notice;
4. 
Include a correction order allowing a reasonable time for the repairs and improvements required to bring the dwelling unit, structure or premises into compliance with the provisions of this Code; and,
5. 
Include an explanation of the owner's right to seek modification or withdrawal of the notice by petition to the Appeals Board.
C. 
Method Of Service. Service shall be deemed proper if the notice is:
1. 
Delivered personally;
2. 
Sent by certified or First-Class Mail addressed to the owner at the last known address (notices directed to a non-occupant property owner may be sent by First Class Mail to the last known address of such owner); or
3. 
If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place on or about the structure or premises affected by such notice.
D. 
Transfer Of Ownership. It shall be unlawful for the owner of any dwelling unit, structure or premises who has received a notice of violation or upon whom such notice has been served to sell, transfer, mortgage, lease or otherwise dispose of to another until such owner has first furnished the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Code Official and furnished the Code Official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
E. 
If the person (or persons) served with notice fails to comply with the correction order within a reasonable time as established by the Code Official taking into account the extent of work anticipated to be necessary to bring the structure or premises into compliance but not less than ten (10) days of receiving notice, the Code Official shall take such action as authorized in Section 505.070.
[Ord. No. 3620 § 1, 7-28-2016]
A. 
Unlawful Acts. It shall be unlawful for any person to erect, construct, alter, extend, repair, remove, demolish, use or occupy any structure or premises regulated by this Code, or cause same to be done contrary to or in conflict with or in violation of any of the provisions of this Code, or fail to timely comply with a lawful notice or correction order of the Code Official, or to remove or deface a placard or notice posted under the provisions of this Code.
B. 
Penalty. In case any notice of violation is not promptly complied with, the Code Official shall request the City Prosecutor to institute an appropriate action for violation of this Code. Any person who shall violate any provision of this Code shall, upon conviction thereof, be punished as set out in Section 100.060 of the Municipal Code. Each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.
C. 
Corrective Action. In addition, or as an alternative to the action authorized in Subsection (B) above, the Code Official may ask the City Attorney or Prosecutor to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:
1. 
To restrain, correct or remove the violation or refrain from any further execution of work;
2. 
To restrain or correct the erection, installation, or alteration of such structure;
3. 
To require the removal of work in violation; or,
4. 
To prevent the occupation or use of the structure or part thereof erected, constructed, installed or altered in violation of, or not in compliance with the provisions of this Code, or in violation of a plan or specification under which an approval, plan, permit or certificate was issued.
[Ord. No. 3620 § 1, 7-28-2016]
A. 
Modifications. When there are demonstrated practical difficulties involved in carrying out structural provisions, upon application of the owner or the owner's representative, the Appeals Board shall have the authority to grant modifications for individual cases, provided that the spirit and intent of the law shall be observed and public welfare and safety assured.
B. 
Appeal Of Code Official Action. Any person aggrieved by any notice for corrective action which has been issued in connection with the enforcement of any provision of this Code, or of any rule or regulation adopted pursuant thereto, shall have the right to request and shall be granted a hearing on the matter before the Appeals Board; provided that such person shall file in the Community Development office a written petition requesting such hearing containing a statement of grounds therefore within twenty (20) days after the day the notice was served.
C. 
Appeals Board. The Appeals Board shall hear all appeals relative to the enforcement of this Code.
1. 
Vote. The Appeals Board is empowered to hear and decide appeals relative to the enforcement of this Code and by a concurring vote of the majority of its members shall reverse or affirm wholly or partly, or modify, the decision appealed from and shall make such order or determination as in its opinion ought to be made. Failure to secure such concurring votes shall be deemed a confirmation of the decision of the Code Official.
2. 
Financial Interest. A member of the Appeals Board shall not participate in any hearings or vote on any appeal in which that member or his/her family member, has a direct or indirect financial interest, or is engaged as a contractor, or is engaged in the preparation of plans and specifications, or in which that member has any personal interest.