[R.O. 2011 §17-1; Code 1977 §45.030]
This Chapter shall be known and may be cited as the Housing
Maintenance and Occupancy Code of the City of Salem, Missouri.
[R.O. 2011 §17-2; Code 1977 §45.010]
It is hereby found that there exist and may in the future exist,
within the City of Salem, Missouri, premises, dwellings, dwelling
units, rooming units or parts thereof, which by reason of their structure,
equipment, sanitation, maintenance, use, or occupancy affect or are
likely to affect adversely the public health, safety and general welfare.
To correct and prevent the existence of such adverse conditions, and
to achieve and maintain such levels of residential environmental quality
as will protect and promote public health, safety and general welfare,
it is further found that the establishment and enforcement of minimum
housing standards are required.
[R.O. 2011 §17-3; Code 1977 §45.020]
It is hereby declared that the purpose of this Chapter is to
protect, preserve and promote the physical and mental health and social
well-being of the people, to prevent and control incidence of communicable
diseases, to regulate privately and publicly owned dwellings for the
purpose of maintaining adequate sanitation and public health, and
to protect the safety of the people and to promote the general welfare
by legislation which shall be applicable to all dwellings now in existence
or hereafter constructed. It is hereby further declared that the purpose
of this Chapter is to insure that the quality of housing is adequate
for protection of public health, safety and general welfare, including:
establishment of minimum standards for basic equipment and facilities
for light, ventilation and thermal conditions, for safety from fire
and accidents, for the use and location and amount of space for human
occupancy, and for an adequate level of maintenance; determination
of the responsibilities of owners, operators and occupants of dwellings;
and provision for the administration and enforcement thereof.
[R.O. 2011 §17-4; Code 1977 §45.040; Ord. No. 3164 §1, 5-18-2009]
As used in this Chapter, the following terms shall have these
prescribed meanings:
A detached structure located on or partially on any premises
which is not used or not intended to be used for living or sleeping
by human occupants.
That person within the governmental structure of the corporate
unit charged with the administration of the appropriate code.
Approved by the local or State authority having such administrative
authority.
The residue from the burning of combustible materials.
A single system supplying heat to one (1) or more dwelling
unit(s) or more than one (1) rooming unit.
A vertical masonry shaft of reinforced concrete, or other
approved non-combustible, heat-resisting material enclosing one (1)
or more flues, for the purpose of removing products of combustion
from solid, liquid or gas fuel.
A room in any dwelling used for sleeping purposes by four
(4) or more unrelated persons.
A building used entirely for residential purposes and it
must have:
A sloped roof with no less than four (4) inches of rise to every
twelve (12) inches of horizontal run.
Roofing materials consisting of shingles, ties or architectural
metal commonly accepted for residential use and approved by the Building
Inspector.
A roof overhang (eave projection) of not less than one (1) foot
measured from the vertical side of the structure unless the architectural
style of the structure commonly has less overhang.
Exterior siding material consisting of wood, stucco, brick,
stone, horizontal lap steel or aluminum, horizontal lap vinyl or architectural
masonry block. The reflectivity shall not exceed that of a low luster
white paint.
Exterior dimensions of not less than twenty-two (22) feet in
width and thirty-six (36) feet in length excluding garage or carport.
A continuous, permanent masonry foundation or masonry curtain
wall, or poured concrete wall with no openings except as required
for ventilation or access.
Stairs, porches, platforms, ramps or other means of entrance
constructed per City's Building Codes and attached firmly to the structure
and anchored securely to the ground.
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A residential design manufactured home will qualify as a "dwelling"
if it meets all of the above qualifications and:
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1.
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The axles, running gear, lights and towing apparatus is removed.
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2.
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The manufactured home is set up and anchored in accordance with
the recommended installation procedures of the manufacturer.
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3.
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When installed, has the appearance of an on-site, conventionally
built, single-family dwelling.
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Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poisoning,
spraying, fumigating, trapping or by any other recognized and legal
pest elimination methods approved by the local or State authority
having such administrative authority.
One (1) adult person plus one (1) or more persons who are
legally related to said person and residing in the same dwelling unit
with said person.
A toilet bowl flushed with water under pressure with a water
sealed trap above the floor level. Such toilet bowls shall have a
smooth, easily cleanable surface.
The animal and vegetable waste resulting from the handling,
preparation, cooking, serving and non-consumption of food.
Any person who shares a dwelling unit in a non-permanent
status for not more than thirty (30) days.
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking or eating purposes, excluding bathrooms,
water closet compartments, laundries, furnace rooms, pantries, kitchenettes
and utility rooms of less than fifty (50) square feet, foyers, or
communicating corridors, stairways, closets, storage spaces, and workshops
hobby and recreation areas in unsealed or uninsulated parts of structure
held ground level or in attics.
The legally designated Building Official of the City of Salem,
Missouri or his/her authorized representative.
Water heated to a temperature of not less than one hundred
twenty degrees Fahrenheit (120°F).
A family and/or one (1) or more unrelated persons who share
the same dwelling and use some or all of its cooking and eating facilities,
including servants and not more than two (2) boarders.
The presence within or around a dwelling of any insects,
rodents or other pests.
Any room containing any or all of the following equipment;
or area of a room within three (3) feet of such equipment: sink and/or
other device for dishwashing, stove or other device for cooking, refrigerator
or other device for cool storage of food, cabinets and/or shelves
for storage of equipment and utensils, and counter or table for food
preparation.
Whenever the words dwelling, dwelling unit, rooming house,
rooming units, premises, structure are used in the Chapter, they shall
be construed as though they were followed by the words "or any part
thereof". Words used in the singular include the plural and the plural
the singular, the masculine gender includes the feminine and the feminine
the masculine.
Any dwelling containing more than two (2) dwelling units
and/or rooming units.
Any person, over one (1) year of age, living, sleeping, cooking
or eating in, or actually having possession of, a dwelling unit or
a rooming unit; except that in dwelling units a guest will not be
considered an occupant.
Any person who has charge, care, control or management of
a building, or part thereof, in which dwelling units or rooming units
are let.
A temperature ten degrees (10°) below the highest recorded
temperature in the locality for the prior ten (10) year period.
A temperature fifteen degrees (15°) above the lowest
recorded temperature in the locality for the prior ten (10) year period.
Any person who, alone or jointly or severally with others:
Shall have legal title to any dwelling or dwelling unit, with
or without accompanying actual possession thereof; or
Shall have charge, care or control of any dwelling or dwelling
unit, as owner or agent of the owner, or an executor, administrator,
trustee or guardian of the estate of the owner. Any such person thus
representing the actual owner shall be bound to comply with the provisions
of this Chapter and of rules and regulations adopted pursuant thereto,
to the same extent as if he/she were the owner.
The maximum number of persons permitted to reside in a dwelling
unit or rooming unit.
Includes any individual, firm, corporation, association or
partnership.
Includes all of the following supplied facilities and equipment:
Gas pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes washing machines, catch
basins, drains, vents and any other similar supplied fixtures, together
with all connections to water, sewer or gas lines.
A platted lot or part thereof or unplatted lot or parcel
of land or plot of land, either occupied or unoccupied by any dwelling
or non-dwelling structure and includes any such building, accessory
structure or other structure thereon.
The ability of a person or persons to carry out an activity
commenced without interruption or interference, either by sight or
sound, by unwanted persons.
All putrescible and non-putrescible solids (except body wastes)
including garbage, rubbish, ashes and dead animals.
Any dwelling or that part of any dwelling containing one
(1) or more rooming units and/or one (1) or more dormitory rooms.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking
purposes.
Non-putrescible solid wastes (excluding ashes) consisting
of either:
The condition of being free from danger and hazards which
may cause accidents or disease.
A self-contained, heating appliance of either the circulating
type or the radiant type and intended primarily to heat only one (1)
room.
Paid for, furnished by, provided by or under the control
of the owner or operator.
Any tent, trailer, mobile home, or any other structure used
for human shelter which is designed to be transportable and which
is not attached to the ground, to another structure, or to any utility
system on the same premises for more than thirty (30) consecutive
days.
