[R.O. 2009 § 500.030; R.O. 2006
§ 500.250; Ord. No. 2229 § 1, 3-15-1999; Ord. No. 2487 § 1, 7-15-2002]
A certain document, three (3) copies of which are on file in the office of the City Clerk, being marked and designated as "The International Property Maintenance Code," 2000 Edition, as published by the International Code Council in November, 1999, is hereby adopted as the Non-Residential Property Maintenance Code of the City, for the control of building and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Property Maintenance Code are hereby referred to, adopted and made a part hereof, as if fully set out in this Article, with the additions, insertions, deletions and changes, if any, prescribed in Section 500.050 of this Article. The Property Maintenance Code shall be applied to the following properties: commercial, industrial, and multi-family dwellings.
[R.O. 2009 § 500.040; R.O. 2006
§ 500.255; Ord. No. 2487 § 1, 7-15-2002]
All ordinances of the City in conflict
with the "Property Maintenance Code" adopted herein are hereby repealed.
[R.O. 2009 § 500.050; R.O. 2006
§ 500.260; Ord. No. 2229 § 2, 3-15-1999; Ord. No. 2487 § 1, 7-15-2002]
A.
The Code adopted by this Article is hereby
amended by substituting the following Sections or portions of Sections
for those Sections or portions of Sections with corresponding numbers
of the International Property Maintenance Code, 2000 Edition, or where
there is no corresponding Section in the Code, the following Sections
shall be enacted as additions to the Code.
1.
Section 101.1. Insert: "The City
of Fenton."
2.
Section 101.2. Change this Section
to read as follows:
This code is to protect the public
health, safety and welfare in all existing nonresidential structures
and on all existing non-residential premises by establishing 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; fixing the responsibility of
owners, operators and occupants; regulating the occupancy of existing
structures and premises; and providing for administration, enforcement
and penalties.
3.
Section 102.3. Change by deleting
the reference to the International Building Code and insert "BOCA
National Building Code, 1999 Edition."
4.
Section 103. Delete Title "Department
of Inspection." Add new title "Department of Community Development."
5.
Section 103.1. Change to read as
follows: "The administration and enforcement of this Code shall be
the duty of the Code Official of the City of Fenton. In all cases
where the term "Department of Property Maintenance Inspection" is
used in this code, it shall be changed to read "Community Development
Department."
6.
Section 106.1. Change to read as
follows:
It shall be unlawful for any person,
firm or corporation to erect, construct, alter, extend, repair, remove,
demolish, maintain, fail to maintain, provide, fail to provide, use
or occupy, let to another for use or occupy or permit another person
to use or occupy any structure, premises or equipment regulated by
this code, or cause the same to be done, contrary to or in conflict
with or in violation of any provisions of this code, or to fail to
obey a lawful order of the Code Official, or to remove or deface a
placard or notice posted under the provisions of this code.
7.
Section 106.4. Change by inserting
the following sentence at the end of the Section:
Any person, firm or corporation found
to be in violation of a provision of this code shall be guilty of
an ordinance violation and upon conviction thereof shall be punished
by a fine not to exceed one thousand dollars ($1,000.00), ninety (90)
days in jail, or both.
8.
Add 107.6 As Follows: If the owner,
occupant, mortgagee, or lessee fails to comply with the order within
thirty (30) days, the Building Commissioner shall cause such building
or structure to be repaired, vacated or demolished and the property
cleaned up as the facts may warrant; and the Building Commissioner
shall certify the cost of the work borne by the City of Fenton for
such repair, vacation or demolition or cleaned up to the City Clerk
as a special assessment represented by a special tax bill against
the real property affected; said tax bill shall be a lien upon such
property and shall be deemed a personal debt against the property
owner(s) unless the building or structure is demolished, secured or
repaired by a contractor pursuant to an order issued by the City of
Fenton and such contractor files a mechanic's lien against the property
where violation(s) occur. The contractor may enforce this lien as
provided in Sections 429.010 to 429.360, RSMo. Except as provided
in Section 107.7 of this Section, at the request of the taxpayer this
special tax bill may be paid in installments over a period of not
more than ten (10) years; said assessment shall bear interest at the
rate of eight percent (8%) per annum until paid.
9.
Add 107.7 As Follows: As to damage
or loss to a building or other structure by or arising out of any
fire, explosion or other casualty loss, if an order is issued by the
Code Official as provided in Section 107.6 and a special tax bill
or assessment is issued against the property, it shall be deemed a
personal debt against the property. If there are proceeds of any insurance
policy based upon a covered claim, payment made for damage or loss
to a building or other structure caused by or arising out of any fire,
explosion or other casualty loss, the following procedure is establisher
for the payment of up to twenty-five percent (25%) of the insurance
proceeds, as set forth in Subdivisions (a) and (b) of the Section.
This Subsection shall apply only to a covered claim payment that is
in excess of fifty percent (50%) of the face value of the policy covering
a building or other structure:
a.
The insurer shall withhold from the
covered claim, payment up to twenty-five percent (25%) of the covered
claim payment and shall pay such monies to the City of Fenton to deposit
into an interest-bearing account. Any named mortgagee on the insurance
policy shall maintain priority over any obligation under this Chapter.
b.
The City of Fenton shall release
the proceeds and any interest that has accrued on such proceeds received
under Subdivision (a) of this Subsection to the insured or as the
terms of the policy and endorsements thereto provide within thirty
(30) days after the receipt of such insurance monies, unless the City
of Fenton has instituted legal proceedings of 107.6 of this Section.
If the City of Fenton has proceeded under the provisions of 107.6
of this Section, all monies in excess of that necessary to comply
with the provisions of 107.6 of this Section for removal, securing,
repair and clean up of the building or structure and the lot on which
it is located, less salvage value, shall be paid to the insured.
10.
Add 107.8 As Follows: If there are
no proceeds of any insurance policy as set forth in 107.7 of this
Section, 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 the date of its issuance shall be a lien on the property
and a personal debt against the owner(s) until paid.
11.
Add 107.9 As Follows: Section 107.7
of this Section shall apply to fire, explosion or other casualty loss
claims arising on all buildings and structures.
12.
Add 107.10 As Follows: Section 107.7
of this Section does not make the City of Fenton a party to any insurance
contract and the insurer is not liable to any party for any amount
in excess of the proceeds otherwise payable under its insurance policy.
13.
Add 107.11 As Follows: The Building
Commissioner may certify in lieu of payment of all or part of the
covered claim under Section 107.7 that it has obtained satisfactory
proof that the insured has removed or will remove the debris and repair,
rebuild or otherwise make the premises safe and secure. In this event,
the Building Commissioner shall issue a certificate within thirty
(30) days after the receipt of proof to permit covered claim payment
to the insured without the deduction pursuant to Section 107 of this
Section. It shall be the obligation of the insured or other person(s)
making a claim to provide the insurance company with the written certificate
provided from this Section.
14.
Section 110.0 Through 110.4. Delete
in their entirety.
15.
Section 111.1. Change by deleting
the words "within twenty (20) days" and inserting the words "within
ten (10) days."
16.
Section 111.2 Through 111.8. Delete
in their entirety.
17.
Insert a new Section 111.2. which
reads as follows:
Section 111.2. Board of Appeal. For
the purposes of this code, the Board of Appeals shall be the Board
of Administrative Review as described in the City of Fenton Building
Code.
18.
Insert a new Section 112.0. OCCUPANCY
PERMITS.
19.
Insert a new Section 112.1. Occupancy
Permit Required. It shall be unlawful for any person, owner or agent
thereof to occupy or use or to permit the occupancy or use of any
premises for any purpose, including the movement of furniture, equipment
or other personal property into said premises, until a permit to occupy
has been issued by the Code Official. The permit so issued shall state
that the occupancy complies with all the provisions of this code as
far as can be determined by a visual inspection of the premises.
20.
Insert a new Section 112.3. Application
Other Than Single-Family Occupancy. It shall be unlawful for any person
to knowingly make any false statement on an application for an occupancy
permit for a non-residential unit as to the name of the person, firm,
company or institution which will occupy the premises, the type of
use, the type or quantity of materials that will be stored on the
premises or the floor area of the portion of the premises that will
be occupied.
21.
Insert a new Section 112.4. Action
on an Application. The Code Official shall examine or cause to be
examined all applications for permits within a reasonable time after
filing. No action shall be taken to issue a permit until there is
an inspection of the premises and a property maintenance inspection
report less than one hundred twenty (120) days old on file with the
City.
22.
Insert a new Section 112.4.1 Issuance
of Permit. If all fees are paid and the Code Official is satisfied
that the premises and its occupancy are in compliance with this code
and all laws and ordinances applicable thereto, the Code Official
shall issue the occupancy permit as soon as practicable. No permit
shall be issued under the provisions of this code for premises which
have been newly constructed, newly altered, or on which a change in
use is proposed unless a certificate of use and occupancy has first
been issued under the provisions of the Building Code.
23.
Insert a new Section 112.4.2 Temporary
Conditional Occupancy Permit. Occupancy may be permitted on a temporary
conditional basis when in the judgment of the Code Official practical
difficulties interfere with completing all repairs required to bring
the premises into full compliance with this code prior to permitting
occupancy, there are no conditions on the premises which threaten
the health or safety of an occupant or the general public and the
Code Official is satisfied that the premises will be brought into
compliance with the requirements of this code within a ninety (90)
day period. No temporary conditional permit shall be issued when there
is a condition on the premises which can threaten the health or safety
of an occupant and until an escrow has been established with an approved
financial institution which guarantees that the premises will be brought
into full compliance within ninety (90) days. For exterior items only,
a letter agreeing to bring the exterior of the premises into full
compliance within ninety (90) days may be accepted in lieu of such
escrow. Temporary conditional occupancy permits may be extended for
one (1) additional ninety (90) day period when, in the opinion of
the Code Official, practical difficulties prevent complete compliance
within the first (1st) ninety (90) day period. The escrow amount shall
be established by the Code Official in an amount up to the amount
necessary to complete the work by a licensed contractor at prevailing
prices, but in no case less than two hundred fifty dollars ($250.00).
No temporary conditional permit shall be issued under the provisions
of this code for premises which have been newly constructed, newly
altered or on which a change of use is proposed unless a certificate
of use and occupancy has first been issued under the provisions of
the Building Code.
24.
Insert a new Section 112.4.3 Rejection
of Application. If the application does not comply with the requirements
of all pertinent laws, the Code Official shall reject such application.
25.
Insert a new Section 112.5 Suspension
of Permit. Any permit issued shall become invalid if the occupancy
is not commenced within six (6) months after issuance of the permit
or if the occupancy is terminated.
26.
Insert a new Section 112.6 Revocation
of Permit. The Code Official may revoke a permit in case of any false
statement or misrepresentation of facts in the application on which
a permit was based, or in the event a structure or part thereof is
condemned pursuant to this code.
27.
Modify Section 302.2 Grading and
Drainage by adding the following sentence: Stagnant water shall be
defined as any water accumulation in an improperly drained pool, pond,
ground depression, collector, container which is not dispersed within
five (5) days.
28.
Insert a new Section 302.2.1 Watercourse.
A natural or established watercourse shall not be disturbed in any
manner which reduces the capacity of the watercourse or diverts the
water, unless as a part of an approved development or grading permit
or authorization of the Metropolitan Sewer District.
29.
Insert a new Section 302.2.2 Sedimentation.
All premises and exterior property shall be graded and maintained
to prevent sediment on adjacent property, public property or in a
watercourse.
30.
Insert a new Section 302.4 Weeds. All premises and exterior property shall be maintained in accordance with Section 215.090 of the Code.
31.
Insert a new Section 302.8 Motor
Vehicles. Delete in its entirety.
32.
Insert a new Section 303.7.1 Roof
Clearances. Roofs shall be clear of tree limbs and branches or other
overhanging vegetation.
33.
Insert a new Section 303.14 Insect
Screens. Insert dates from April fifteenth (15th) to November fifteenth
(15th).
34.
Insert a new Section 401.3 Alternative
Devices. In lieu of the means for natural light and ventilation herein
prescribed, skylights, artificial light or mechanical ventilation
complying with the City of Fenton Building Code shall be permitted.
35.
Insert a new Section 507.1.1 Stormwater.
Stormwater or sump pump water shall not be directed through a pipe,
culvert or drain which discharges within ten (10) feet of an abutting
property line.
Exceptions:
36.
Insert a new Section 508.2 Stormwater
Systems. All stormwater systems on the premises or exterior of the
property shall be maintained in working condition free from damage
or restriction of flow. All entries to stormwater drainage systems
shall be maintained clear and free of any restrictions to water flow.
37.
Insert a new Section 508.3 Stormwater
Discharge. Stormwater shall not be directed to a sanitary sewer system.
38.
Sections 602.2 Through 602.3. Delete
in their entirety.
39.
Section 602.4. Insert October first
(1st) and May fifteenth (15th).
40.
Insert a new Section 604.3.1 Prohibited
Installations. Hazards shall include, but not be limited to:
a.
Flush or semi-flush mounted floor
receptacle outlets, unless provided with an approved listed cover.
b.
Extension cords for other than short-term,
temporary use.
c.
Lamp cord used as permanent wiring.
d.
Conductor supported pendant switches
or conductor supported pendant lighting fixtures.
e.
Loose or hanging wires.
f.
Frayed or bare wires.
g.
Grounded-type receptacles which are
improperly or inadequately grounded.
41.
Section 605.2. Change by adding the
following sentence to the end of the Section:
All receptacles within six (6) feet
of any water source shall be ground fault circuit interrupter protected.
[R.O. 2009 § 500.060; R.O. 2006
§ 500.270; Ord. No. 2229 § 3, 3-15-1999; Ord. No. 2487 § 1, 7-15-2002]
Nothing in this Article or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited in Section 500.040 of this Article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Article.
[R.O. 2009 § 500.080; R.O. 2006
§ 500.280; Ord. No. 2229 § 4, 3-15-1999; Ord. No. 2487 § 1, 7-15-2002]
The City Clerk shall certify to the
adoption of this Article and cause the same to be published as required
by law; and this Article shall take full force and effect upon the
date of final passage and approval.
