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City of Manchester, MO
St. Louis County
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Table of Contents
Table of Contents
Cross References — Building codes and regulations, ch. 500; garbage and refuse, ch. 240; health and sanitation, ch. 220; sewers and sewage disposal, ch. 520; zoning generally, Title IV; as to code enforcement services, §500.100; as to penalty provisions, §500.110.
[Ord. No. 05-1609 §1(g), 8-15-2005; Ord. No. 10-1983 §1, 8-16-2010]
A. 
The City of Manchester hereby adopts the Property Maintenance Code as its Minimum Housing Code which was adopted with certain amendments by St. Louis County, Missouri, Ordinance No. 24,440 on July 14, 2010.
B. 
The Property Maintenance Code is hereby amended as follows:
Add 107.6: 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 Manchester 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 Manchester 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.
Add 107.7: 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 Manchester 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 Manchester 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 Manchester has instituted legal proceedings of 107.6 of this Section. If the City of Manchester 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.
Add 107.8: 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.
Add 107.9: Section 107.7 of this Section shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.
Add 107.10: Section 107.7 of this Section does not make the City of Manchester 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.
Add 107.11: 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.
C. 
Any person violating any of the provisions of the code adopted in this Section shall be deemed guilty of an ordinance violation and upon conviction thereof shall be fined in an amount not exceeding one thousand dollars ($1,000.00) or be imprisoned in the City or County Jail for a period not exceeding three (3) months, or both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
As used in this Article the following terms shall have these prescribed meanings:
ABANDONED VEHICLE
Any motor vehicle, or parts thereof, situated on property or upon any street or highway, and
1. 
Which does not have displayed thereon a permanent license plate or set of plates issued for that vehicle indicating current registration by one (1) of the states; or
2. 
For which no arrangements have been made for its storage with the owner or occupant of the premises on which it is located; or
3. 
The owner of which has indicated by his/her words or actions his/her intent to leave the same and no longer claims ownership thereof; or
4. 
Which is found lacking essential component parts which prevent it from being immediately operative and mobile under its own source of power.
ACCESSORY BUILDING
A subordinate building or a portion of the main building, the use of which is incidental to that of the main building or to the use of the premises.
CHANGE OF OCCUPANCY
Any circumstances wherein the composition of the residents of a dwelling unit changes either through the sale, lease, rental or other provision for the occupancy of any dwelling unit or by the addition of one (1) or more persons to the number of residents of a dwelling unit, except by birth or legal custody of minors.
CHIMNEY
A vertical masonry shaft of reinforced concrete, 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 gaseous fuel.
CODE OFFICIAL
The City Engineer for the City of Manchester or such other delegated representative charged with the responsibilities of administering this Chapter including a delegate or representative of St. Louis County.
CONDITIONAL OCCUPANCY PERMIT
A document which states the names, ages, relationships, and number of occupants of a dwelling unit which does not comply with all of the provisions of this Chapter. It is issued only under specified circumstances listed herein for a limited, specified length of time.
DETERIORATION
The condition or appearance of a building or part thereof, characterized by evidence of physical decay or neglect, excessive use, or lack of maintenance or any combination of such characteristics.
DILAPIDATED
No longer adequate for the purpose or use for which it was originally intended.
DORMITORY
A building or a group of rooms in a building used for institutional living and sleeping purposes by four (4) or more persons.
DWELLING
Any building, or portion thereof, which is designated or used in whole or in part for residential purposes.
EGRESS
An arrangement of exit facilities to assure a safe means of exit from buildings.
EXTERIOR APPURTENANCES
Objects which are added to a structure for aesthetic or functional purposes. These include, but are not limited to, screen, awnings, trellises, television antennae, storm windows and storm doors.
FAMILY
One (1) or more persons occupying a dwelling and living as a single-housekeeping unit, all of whom or all but two (2) of whom are related to each other by birth, adoption, marriage, or as a foster child of an occupant, but if not related to each other by birth, adoption, marriage, or as a foster child, then no more than three (3) persons, as distinguished from a group occupying a boarding house, lodging house or hotel.
FENCE
An independent structure forming a barrier at grade between lots, between a lot and street or an alley, or between portions of a lot or lots. A barrier includes a wall or latticework screen but excludes a hedge or natural growth, or a barrier less than eighteen (18) inches in height which is used to protect plant growth.
FLUSH WATER CLOSET
A toilet bowl which is flushed with water which has been supplied under pressure and equipped with a water sealed trap above floor level.
GARDEN LEVEL
That portion of a building which is partly underground, but having at least sixty percent (60%) of its ceiling height above the average grade of the adjoining ground.
GRADE
The finished ground level adjacent to a required window.
GROSS FLOOR AREA
The total area of all habitable space in a building or structure.
GUTTER
A trough under an eave to carry off water.
HARBORAGE PLACES
Insects, pests or rodents. Any place where insects, pests or rodents can live, nest or seek shelter.
KITCHEN
A space which contains a sink, and adequate space for installing cooking and refrigeration equipment and for the storage of cooking utensils.
LEAD-BASED PAINT
Any paint, lacquer, glaze or other applied liquid surface coating, putty or plaster which contains, a quantity of lead in excess of seven-tenths (0.7) milligrams per square centimeter (0.7 mg/cm 2) of surface when tested by a radioisotope x-ray florescent analyzer (XRF), or more than six-hundredths of one percent (0.06%) by weight (calculated as lead metal) is the total non-volatile content of the coating or the equivalent measure of lead in the dried film of coating already applied or both.
MEANING OF CERTAIN WORDS
Whenever the words "dwelling", "dwelling unit", "rooming units", "premises" or "structure" are used in this 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.
MULTIPLE DWELLING
A building or portion thereof designed for or occupied by two (2) or more families.
OCCUPANCY PERMIT
A document which states the names, ages, relationships, and number of occupants of a dwelling unit, and that the occupancy complies with all of the provisions of this Chapter. It is issued under the circumstances listed herein.
PERMISSIBLE OCCUPANCY
The maximum number of individuals permitted to reside in a dwelling unit, rooming unit or dormitory.
PLUMBING
Facilities and equipment including, but not limited to, the following: gas pipes, gas-burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, toilets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures, together with all connections to water, sewer, vent or gas lines and as defined by the St. Louis County Plumbing Code.
PRIVACY
The existence of conditions which will permit an individual or individuals to carry out an activity commenced without interruption or interference, either by sight or sound by unwanted individuals.
PROVIDED
Any material furnished, supplied, paid for or under the control of the owner.
PUBLIC HALL
A ball, corridor or passageway for egress from a dwelling not within the exclusive control of one (1) family or dwelling unit.
RAT HARBORAGE
Any conditions or place where rats can live, nest or seek shelter.
RATPROOFING
A form of construction which will prevent the ingress or egress of rats to or from a given space or building, or from gaining, access to food, water or harborage. It consists of the closing and keeping closed of every opening in foundations, basements, cellars, exterior and interior walls, ground or first (1st) floors, roofs, sidewalk gratings, sidewalk openings, and other places that may be reached and entered by rats by climbing, burrowing or other methods, by the use of materials impervious to rat gnawing or other methods approved by the health commissioner.
REFUSE
All solid wastes, including garbage and rubbish, ashes and dead animals.
REFUSE CONTAINER
A watertight container that is constructed of metal, or other durable material impervious to rodents, that is capable of being serviced without creating unsanitary conditions, or such other containers as have been approved by the appropriate authority. Openings into the container such as covers and doors shall be tight fitting.
REPAIR
To restore to a sound and acceptable state of operation, serviceability or appearance. Repairs shall be expected to last approximately as long as would the replacement by new items.
REPLACE
To remove an existing item or portion of a system and to construct or install a new item of similar or improved quality as the existing item when new. Replacement will ordinarily take place when the item is beyond repair.
ROOMING HOUSE
Any dwelling other than a hotel or motel or that part of any dwelling, containing one (1) or more rooming units and/or one (1) or more dormitory rooms and in which persons either individually or as families are housed with or without meals being provided.
SAFE
The condition of being reasonably free from danger and hazards which may cause accidents or disease.
SPLASH BASIN
A trough or similar projection beneath the downspout or conduit to divert water away from the foundation.
SUBSTANDARD
All structures which do not conform to the minimum standards established by this Chapter or any other ordinance.
SUPPLIED
Paid for, installed, furnished or provided by or under the control of the owner or operator.
TOXIC SUBSTANCE
Any chemical product applied on the surface of or incorporated into any structural or decorative material 'which constitutes a potential hazard to human health at acute or chronic exposure levels.
UNDEFINED WORDS
Words not specifically defined in this Chapter shall have the common definition set forth in a standard dictionary.
A. 
Driveways and walkways shall be maintained in good repair and free of safety hazards or erosion. In addition, all driveways constructed after September 1, 1991, shall be paved surfaces. "Paved" for the purposes of this Section shall mean surfaces constructed of concrete or concrete payers, asphalt, brick, cobblestones, flagstones or compacted rock, and meeting the following minimum standards:
1. 
Concrete drives shall have a minimum of four (4) inch concrete depth on prepared compacted sub-grade; concrete mix shall be a minimum five (5) sack mix;
2. 
Asphalt drives shall have a minimum of three (3) inches of compacted asphalt over six (6) inches of crushed rock base on prepared sub-grade;
3. 
Paved drives shall have a minimum of two and three-eighths (2 3/8) inch brick or concrete paved on one (1) inch. sand-bedding over four (4) inches of crushed rock on prepared sub-grade;
4. 
All other approved driveways shall consist of materials or combinations thereof having a depth of not less than six (6) inches (compacted).
[Ord. No. 18-2206, 2-5-2018[1]]
It is the intent of this Section to secure the public welfare by promoting the orderly maintenance of property within the City by applying the standards set forth in the City's Property Maintenance Code. It shall be unlawful for any person, owner, corporation, or agent to occupy or permit the occupancy of any commercial, multi-family residential or single-family residential structure in the City without first obtaining an inspection and certificate of occupancy. The term "occupancy" shall include the movement of furniture, equipment or other property into said structure.
[1]
Editor's Note: Ord. No. 18-2206 repealed former Sections 505.040 through 505.190 and replaced them with new Sections 505.040 through 505.150 as set out herein.
[Ord. No. 18-2206, 2-5-2018]
A certificate of occupancy is required at any change of ownership or representation of ownership, tenant or occupant. Certificates are not transferable. The applicant shall provide proof of identification and contact information upon request.
[Ord. No. 18-2206, 2-5-2018]
All fees for non-residential structures or single-family dwellings shall be paid at the time of application. Fees owed by the owners of multi-family residential buildings shall be remitted in accordance with procedures established by the Director. Additional fees may be incurred for re-inspections. All application fees are non-refundable.
[Ord. No. 18-2206, 2-5-2018]
A. 
The Director shall receive all applications for certificates of occupancy, and shall, at his/her discretion, make, or cause to be made, an inspection of the structure. Application for an occupancy inspection shall be made by the owner or agent on forms supplied by the City.
B. 
If the Inspector finds that the structure does not meet the requirements of the City's Property Maintenance Code or any other applicable standards adopted by Ordinance, he/she shall notify the owner or agent of such deficiencies, in writing, informing him/her that the structure may not be occupied until such deficiencies are corrected.
C. 
Only when the structure complies with the Property Maintenance Code most recently adopted by the City or other applicable standards, may a certificate of occupancy be issued.
[Ord. No. 18-2206, 2-5-2018]
The Director is authorized to permit temporary occupancy on a conditional basis, for a term not to exceed ninety (90) days, when serious hardships interfere with completing all repairs required to bring structure into full compliance with the Property Maintenance Code or the applicable building codes prior to occupancy. The Director may extend the expiration date of a conditional certificate of occupancy if, in his/her opinion, the progress of repairs to date so warrant. No temporary certificate may be extended, however, for more than an additional ninety (90) days. No conditional certificate shall be issued for structures where a condition exists which could threaten the health or safety of the occupant(s) or the general public.
[Ord. No. 18-2206, 2-5-2018]
Any certificate of occupancy shall become invalid if occupancy is not commenced within ninety (90) days after it is issued. The Director is authorized to grant an extension of this period of up to an additional sixty (60) days when, in his/her opinion, an extension is warranted and further provided that an application for such extension is received within ninety (90) days of the issuance of the original certificate.
[Ord. No. 18-2206, 2-5-2018]
A. 
In case any violation of this Chapter is not remedied within the prescribed time designated by the Code Official, he/she shall institute an appropriate action or proceeding at law against the person or firm responsible for the failure to comply, ordering him/her:
1. 
To restrain, correct or remove the violation or refrain from any further execution or work;
2. 
To restrain or correct the erection, installation or alteration of such building;
3. 
To require the removal of work in violation;
4. 
To prevent the occupation or use of the building, structure, or part thereof erected, constructed, installed or altered in violation of, or not in compliance with, the provisions of this Chapter or in violation of a plan or specification under which an approval, permit or certification was issued; or
5. 
If the person or firm responsible for a violation of this Chapter shall fail to remedy such violation as directed by the City, the City may undertake to remedy such violation and, upon the completion of such action by the City, it shall charge the responsible party with the expense incurred; if such responsible party fails to pay the amount of the expenses so incurred, the City Administrator shall cause a special tax bill to be prepared against the property, such tax bill to be collected by the Collector with the other taxes assessed against the property; such special tax bill shall, from its date of issuance, be a first lien on the property until paid, and prima facie evidence of the recitals therein and of its validity, and no mere clerical error or informality in the same or in the proceedings leading up to the issuance thereof shall be a defense thereto; as a part of the expenses incurred by the City in this regard, all inspection fees shall be included as well as the City Attorney's fees relating thereto.
6. 
The owner of any building or property, in the first instance of failure to obtain an occupancy permit, and in the absence of a prior violation of these Sections, shall receive a warning and shall be required to abate the violation(s) within the time specified on the notice of violation, except when emergency conditions shall require immediate action (as provided in the International Property Maintenance Code). If violation is not abated within the allotted amount of time, or the property owner has prior violations of these Sections, the owner of the property may be subject to a fine of twenty dollars ($20.00) per day for every day that the property is in violation. A Certificate of Occupancy will not be issued until fines have been paid. Failure to pay fines will result in a lien on the property.
[Ord. No. 18-2206, 2-5-2018]
A. 
Any person affected by a notice issued by the Code Official hereunder may request and shall, upon such request, be granted a hearing before the City Administrator; provided, however, that such person shall file in the office of the City Administrator a written request seeking such hearing and setting forth a brief statement of the grounds therefor within ten (10) days after the date such notice was served. Upon receipt of such request, the petitioner shall be given written notice of the time and place of the hearing. At such hearing, the petitioner shall be given an opportunity to be heard and to show cause why the notice should be modified or withdrawn.
B. 
Following such hearing, the City Administrator shall sustain, modify or withdraw the notice, upon his/her finding as to whether or not the provisions of this Chapter have been observed. If the City Administrator sustains or modifies such notice, it shall be entered as an order. The proceedings at such hearing, including the findings and decision of the City Administrator, shall be informal. Any notice served pursuant to Section 107 of the 2009 International Property Maintenance Code shall become an order if a written request for a hearing is not filed in the office of the City Administrator within ten (10) days following the service of such notice. Notice of any post-hearing orders shall be given in the same manner as notice of the non-compliance of Section 107 of the 2009 International Property Maintenance Code.
[Ord. No. 18-2206, 2-5-2018]
In issuing a Certificate of Occupancy, the City does not intend to, nor does it warrant, insure or guarantee to the holder thereof, to his or her assignee or to any other interested person, that there are no violations of any provision of this or any other Ordinance. The City makes no warranty or representation, whatsoever, as to the condition of any building.
[Ord. No. 18-2206, 2-5-2018]
A. 
Whenever any exterior openings are found boarded up, it shall be the duty of the Code Official to notify the owner or agent of the dwelling unit or non-residential building or structure giving him/her a period of not more than ten (10) days in which to properly replace the broken glass or cause the dwelling unit or non-residential building or structure to be vacated unless the following exception is met:
1. 
Since the presence of boarded-up buildings, particularly those where the boarding is unpainted or applied in an insecure, careless, or unpresentable fashion, incites vandalism, and creates a blighting influence which adversely affects the general welfare of the people of the City of Manchester, it is hereby required that all boarding up of exterior openings be accomplished in a neat, workmanlike manner with not less than one-half-inch thick, weather-resistant plywood or other suitable material cut to fit within the openings and fastened in place as securely as possible and suitably coated with an appropriate neutral color blending with or harmonizing with the exterior colors of the buildings as inconspicuously as possible. It shall be the duty of the Code Official to notify the owner or agent of any boarded-up dwelling unit not complying with the above requirements, of the necessity of immediate compliance and ordering him/her to replace the broken glass, or repair or replace or paint the boarding. This notice shall be given in the manner required in Section 106 of the 2009 International Property Maintenance Code.
[Ord. No. 18-2206, 2-5-2018]
No person shall remove, deface, tear, destroy, mutilate or in any way tamper with any notice, order or other document posted or placed by the Code Official on any building, or structure under the provisions of this Chapter.
[Ord. No. 18-2206, 2-5-2018]
When any dwelling unit has become so damaged by fire, wind or other causes, or has become so unsafe, unhealthful or sanitary, that in the opinion of the Code Official, life or health is immediately endangered by the occupation of the dwelling unit, the Code Official is hereby authorized to revoke, without notice, any occupancy permit for such dwelling unit and to order and require the occupants to vacate the same forthwith and to order the owner or agent to proceed immediately with the corrective work and repairs required to make the dwelling unit temporarily safe and fit for human habitation, whether or not a notice of violation has been given as described in this Chapter, and whether or not legal procedures described herein have been instituted.