[Ord. No. 05-1609 §1(g), 8-15-2005; Ord. No. 10-1983 §1, 8-16-2010; Ord. No. 20-2304, 10-5-2020]
A.Â
The City hereby adopts the Property Maintenance Code of St. Louis
County, as set forth in St. Louis County Ordinance No. 27,617 with
local amendments, as adopted on April 1, 2020, effective July 1, 2020,
as its Property Maintenance Code, provided that wherever St. Louis
County or a division, department, or official of St. Louis County
is referred to in the aforementioned ordinances of St. Louis County,
it shall be construed to mean this City or the corresponding appropriate
division, department or official.
B.Â
The Property Maintenance Code is hereby amended as follows:
1.Â
Add 107.7: 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.
2.Â
Add 107.8: 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 established 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.Â
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.Â
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 107.7 of this Section. If the City of Manchester has
proceeded under the provisions of 107.7 of this Section, all monies
in excess of that necessary to comply with the provisions of 107.7
of this Section for removal, securing, repair and cleanup of the building
or structure and the lot on which it is located, less salvage value,
shall be paid to the insured.
3.Â
Add 107.9: If there are no proceeds of any insurance policy
as set forth in Section 107.8 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.
4.Â
Add 107.10: Section 107.8 of this Section shall apply to fire,
explosion or other casualty loss claims arising on all buildings and
structures.
5.Â
Add 107.11: Section 107.8 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.
6.Â
Add 107.12: The Building Commissioner may certify in lieu of
payment of all or part of the covered claim under Section 107.8 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.
As used in this Article the following terms shall have these
prescribed meanings:
Any motor vehicle, or parts thereof, situated on property
or upon any street or highway, and
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
For which no arrangements have been made for its storage with
the owner or occupant of the premises on which it is located; or
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
Which is found lacking essential component parts which prevent
it from being immediately operative and mobile under its own source
of power.
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.
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.
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.
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.
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.
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.
No longer adequate for the purpose or use for which it was
originally intended.
A building or a group of rooms in a building used for institutional
living and sleeping purposes by four (4) or more persons.
Any building, or portion thereof, which is designated or
used in whole or in part for residential purposes.
An arrangement of exit facilities to assure a safe means
of exit from buildings.
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.
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.
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.
A toilet bowl which is flushed with water which has been
supplied under pressure and equipped with a water sealed trap above
floor 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.
The finished ground level adjacent to a required window.
The total area of all habitable space in a building or structure.
A trough under an eave to carry off water.
Insects, pests or rodents. Any place where insects, pests
or rodents can live, nest or seek shelter.
A space which contains a sink, and adequate space for installing
cooking and refrigeration equipment and for the storage of cooking
utensils.
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.
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.
A building or portion thereof designed for or occupied by
two (2) or more families.
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.
The maximum number of individuals permitted to reside in
a dwelling unit, rooming unit or dormitory.
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.
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.
Any material furnished, supplied, paid for or under the control
of the owner.
A ball, corridor or passageway for egress from a dwelling
not within the exclusive control of one (1) family or dwelling unit.
Any conditions or place where rats can live, nest or seek
shelter.
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.
All solid wastes, including garbage and rubbish, ashes and
dead animals.
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.
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.
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.
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.
The condition of being reasonably free from danger and hazards
which may cause accidents or disease.
A trough or similar projection beneath the downspout or conduit
to divert water away from the foundation.
All structures which do not conform to the minimum standards
established by this Chapter or any other ordinance.
Paid for, installed, furnished or provided by or under the
control of the owner or operator.
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.
Words not specifically defined in this Chapter shall have
the common definition set forth in a standard dictionary.
A.Â
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.Â
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.Â
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.Â
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.Â
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.
[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.Â
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.Â
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.Â
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.Â
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.Â
To restrain, correct or remove the violation or refrain from any
further execution or work;
2.Â
To restrain or correct the erection, installation or alteration of
such building;
3.Â
To require the removal of work in violation;
4.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
