Chapter 510: Minimum Standards For Dwellings, Dwelling Units and Accessory Buildings and Commercial Buildings
Section 510.180 Minimum Building Standards Board of Appeals Established — Members — Terms — Jurisdiction.
[Code 1980 §6-52; CC 1990 §5-136]
The general purpose of this Chapter is to protect the public health, safety and the general welfare of the people of the City. The specific purposes, within these general objectives, are to:
Protect the character and stability of residential property within the City;
Provide minimum standards for cooking, heating and sanitary equipment necessary to the health and safety of occupants of buildings;
Provide facilities for light and ventilation necessary to health and safety;
Provide minimum standards for the maintenance of existing residential buildings and to thus prevent the creation of slums and blight;
Preserve the property value of land and buildings throughout the City; administration of the Code to ensure that the above purposes are accomplished.
[Code 1980 §6-53; CC 1990 §5-137; Ord. No. 5162, 8-27-1990; Ord. No. 7797 §2, 6-16-2011]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
- ACCESSORY STRUCTURE
- A structure subordinate to the main or principal structure, the use of which is complementary to the main building.
- 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 transfer of any dwelling unit.
- The condition or appearance of a building or part thereof characterized by evidence of physical decay or neglect, excessive use or lack of maintenance.
- A structure or portion thereof which is wholly or partly designed for or used for human habitation.
- DWELLING UNIT
- One (1) or more rooms or any part thereof in a building usable for occupancy by one (1) family for living purposes and having its own permanently installed cooking and sanitary facilities.
- ENFORCEMENT OFFICIAL
- The official designated herein or otherwise charged with the responsibilities of administering this Chapter or his/her authorized representatives.
- EXTERIOR APPURTENANCES
- Objects which are added to a structure for aesthetic or functional purposes. These include, but are not limited to, screens, awnings, trellises, television antennas, storm windows and storm doors.
- 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 Health Commissioner of this City.
- 1. An individual living as a single non-profit, housekeeping unit in a dwelling unit; or
- 2. Two (2) individuals or married couple and the children thereof, including adopted children, foster children and grandchildren, and no more than two (2) other persons related to the individuals or married couple by blood or marriage and no more than two (2) other individuals; or
- 3. A group of not more than four (4) persons not related by blood or marriage and not living as a group home but living together as a single housekeeping unit in a dwelling unit as distinguished from a boarding house; or
- 4. A group of nine (9) or fewer unrelated mentally or physically handicapped persons (group home), excluding supervisory persons acting as house parents or guardians, who need not be related to each other or to any of the mentally or physically handicapped individuals residing in a dwelling unit as distinguished from a boarding house.
- A structure, partition or wall erected for the purpose of enclosing a piece of land or to separate two (2) contiguous pieces of land. Shrubs, hedges, trees or an ornamental divider consisting of posts no higher than thirty (30) inches from the ground level, spaced no closer than four (4) feet from each other and connected by not more than two (2) strands or rails, having a minimum nominal dimension of three-quarters (¾) inch, located along a private walkway or driveway and not used to enclose an area shall not be considered a fence.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- A trough attached to an eave to carry off water.
- HABITABLE BUILDING
- Any structure or part thereof that shall be used as a home or place of abode by one (1) or more persons.
- HABITABLE ROOM
- Every room in any building in which persons sleep, eat or carry on their usual domestic or social vocations or avocations. It shall not include private laundries, bathrooms, toilet rooms, water closet compartments, pantries, storerooms, foyers, closets, corridors, rooms for mechanical equipment for services in the building or other similar spaces not used by persons frequently or during extended periods.
- HARBORAGE PLACE FOR INSECTS, PESTS OR RODENTS
- Any place where insects, pests or rodents can live, nest or seek shelter.
- The presence, within or contiguous to, of a structure or premises of insects, rodents, vermin or other pests.
- A space which contains a sink and adequate space for installing cooking and refrigeration equipment and for the storage of cooking utensils.
- MINIMUM STANDARDS
- The least quality admissible by this Chapter.
- MULTIPLE-FAMILY DWELLING
- A building or portion thereof designed or altered for occupancy by two (2) or more families living independently of each other in separate dwelling units.
- Any person living and sleeping in a dwelling unit or having actual possession of such dwelling or rooming unit.
- OPENABLE AREA
- That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
- Any person who has charge, care or control of a building or part thereof which is let or offered for occupancy.
- Any person who, alone, jointly or severally with others, shall be in actual possession of or have charge, care or control of any dwelling or dwelling unit within the City as owner, employee or agent of the owner or as trustee or guardian of the estate or person of the title holder and such person shall be bound to comply with the provisions of this Chapter to the same extent as the owner.
- A corporation, firm, partnership, association, organization and any other group acting as a unit as well as any individual. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word "person" is used in any Section of this Chapter prescribing a penalty or fine as to partnerships or associations, the word shall include the partners or members thereof and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such Section.
- 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.
- A lot, plot or parcel of land or any part thereof, including the buildings or structures thereon.
- Any material furnished, supplied, paid for or under the control of the owner.
- PUBLIC HALL
- A hall, corridor or passageway for egress from a dwelling not within the exclusive control of one (1) family or dwelling unit.
- PUBLIC NUISANCE
- 1. The physical condition or use of any premises regarded as a public nuisance at common law; or
- 2. Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures; or
- 3. Any premises which have unsanitary sewerage or plumbing facilities; or
- 4. Any premises designated as unsafe for human habitation or use; or
- 5. Any premises which are manifestly capable of being a fire hazard or are manifestly unsafe or unsecure as to endanger life, limb or property; or
- 6. Any premises from which the plumbing, heating and/or facilities required by this Code have been removed or from which utilities have been disconnected, destroyed, removed or rendered ineffective or the required precautions against trespassers have not been provided; or
- 7. Any premises which are unsanitary or which are littered with rubbish or garbage or which have an uncontrolled growth of weeds; or
- 8. Any structure or building that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded, open, vacant or abandoned; damaged by fire to the extent as to not provide shelter, in danger of collapse or failure and is dangerous to anyone on or near the premises.
- To restore to a sound and acceptable state of operation, serviceability. 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.
- RESIDENTIAL BUILDING
- A structure devoted primarily to residential use, whether
classified as residential or commercial, primary or accessory and
regardless of the number of dwelling units contained within such structure.[Ord. No. 8242 §1, 7-11-2016]
- ROOMING UNIT
- Any room or group of rooms or any part thereof forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes.
- Non-putrescible solid wastes consisting of both combustible and non-combustible wastes.
- SMOKE DETECTOR
- A device which detects visible or invisible particles of combustion and shall be either the ionization chamber or the photoelectric type device.
- Anything constructed or erected which requires location on the ground or is attached to something having location on the ground, including a fence or freestanding wall. A sign, billboard or other advertising medium, detached or projecting, shall be construed to be a structure.
- 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.
- Shall include electricity, natural/propane gas (or other
acceptable heating ability), potable drinking water, sanitary sewer
or septic sewer system and solid waste (garbage, rubbish, trash) collection
as is normally and generally required for the basic safe and healthy
maintenance of a commercial and/or residential dwelling unit for occupancy.[Ord. No. 8249 §1, 7-25-2016]
- A building or structure which is entirely unoccupied or is
illegally occupied (i.e., squatter, vagrant, homeless person or other(s)
without a current legal occupancy permit).[Ord. No. 8242 §1, 7-11-2016]
- The process of supplying and removing air by natural or mechanical means to or from any space. Ventilation by power-driven devices shall be deemed mechanical ventilation. Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks without wind-driven devices shall be deemed natural ventilation.
- Whenever the words "workmanlike state of maintenance and repair" or "workmanlike state of manner" are used in this Chapter, they shall mean that such maintenance and repair shall be made in a reasonably skillful manner.
- An open space at grade on the same lot as a building or structure located between the main building and the adjoining lot line and/or street line. The measurement of a yard shall be the minimum horizontal distance between the lot line and the building or structure.
[Code 1980 §6-54; CC 1990 §5-138]
Every building or its premises used in whole or in part as a dwelling or as an accessory structure thereof shall conform to the requirements of this Chapter.
[Code 1980 §6-55; CC 1990 §5-139]
Scope. This Chapter establishes minimum standards for dwellings, dwelling units and accessory buildings and does not replace or modify standards otherwise established for the construction, replacement or repair of buildings except such as are in conflict with the provisions of this Chapter. In any case where a provision of this Chapter is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of the City existing on the effective date of this Chapter, the provision which establishes the higher standard for the promotion and protection of the safety and health of the people shall prevail. It is not the intention of this Chapter to require reconstruction or replacement of existing facilities or structures in sound condition of repair in order to meet specific requirements of any of the below-mentioned codes unless there is an existing or probable health or safety hazard to the occupants or any residents of the City.
Severability. If any Section, Subsection, paragraph, sentence, clause or phrase of this Chapter should be declared invalid for any reason whatsoever, such decisions shall not affect the remaining portions of this Chapter, which shall remain in full force and effect.
Enforcement By Other Codes Regarding Space Requirements. Minimum space requirements per occupant shall not be enforced by reference to any other code.
Uniform Criteria. The Enforcement Official shall refer to the BOCA National Building Code, 1996 Edition, NFiPA, National Electrical Code, 1996 Edition, St. Louis County Plumbing Code, NGA and St. Louis County Mechanical Code for uniform criteria for safe and adequate installation, replacement or repair and to determine a health or safety hazard.
[Code 1980 §6-56; CC 1990 §5-140]
Applicability. It shall be unlawful for any person to occupy as owner-occupant or to let or hold out to another for occupancy any dwelling unit for the purpose of living, sleeping, cooking or eating which is not safe, sanitary and fit for human occupancy and which does not comply with the particular requirements of the following Subsections of this Section.
Foundation, Exterior Walls And Roofs. The foundation, exterior walls and roof shall be substantially watertight and weathertight as can be determined from a ground level inspection and protected against rodents and shall be kept in sound condition and repair. The foundation elements shall adequately support the building at all points. Every exterior wall shall be maintained in a sound condition of repair and shall be free of any other condition which admits rain or dampness to the interior portions of the building. All exterior surface materials must be treated, painted in a workmanlike manner or otherwise maintained in a sound condition. Roof drainage shall be adequate to prevent rainwater from causing dampness in the walls. All cornices, rustications, quoins, moldings, belt courses, lintels, sills, oriel windows, pediments, gutters and similar projections shall be kept in good repair and free from defects which make them hazardous and dangerous.
Floors, Interior Walls And Ceilings. Every floor, interior wall and ceiling shall be adequately protected against the passage and harborage of insects and rodents and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotting floor boards and free of rotted or loosed carpeting and tile. Every interior wall and ceiling shall be free of large cracks and holes and shall be free of loose plaster or other structural or surface materials. Every toilet room and bathroom floor surface shall be substantially impervious to water and be capable of being maintained easily in a clean and sanitary condition. Lead-bearing coatings shall not be used or applied upon any exposed surfaces.
Windows, Doors And Hatchways. Every window, door and basement hatchway shall be kept in sound condition and repair. Every window shall be fully supplied with windowpanes which are without cracks or holes. Every window sash shall be in good condition and fit reasonably tight within its frame. Every window, other than a fixed window, shall be capable of being easily opened and shall be held in position by window hardware. Every door, door hinge and door latch shall be in functional condition. Knobs and/or handles shall be properly installed on all doors. Every door, when closed, shall fit reasonably well within its frame. All sliding doors shall have guides to prevent falling out of track. Every window, exterior door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain and substantially to exclude wind from entering the dwelling. Every basement hatchway and window shall be so constructed, screened or maintained as to prevent the entrance of rodents, insects, rain and surface drainage water into the building.
Exterior Appurtenances. Exterior appurtenances, including, but not limited to, screens, awnings, trellises, television antennae, storm windows, storm doors and fences, shall be installed in a safe and secure manner and shall be maintained in good repair and must meet the requirements as set out in Section 405.220 of the Zoning Code.
Stairways And Porches. Every stairway, inside or outside of the dwelling, and every porch shall be kept in safe condition and sound repair. Every flight of stairs and every porch floor shall be free of deterioration. Every stairwell and every flight of stairs which is five (5) or more risers high and every porch which is five (5) or more risers high shall have handrails or railings located on one (1) side of same. Every rail and balustrade shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled or have pulled away from supporting or adjacent structures so as to create a safety hazard. No flight of stairs shall have rotting, loose or deteriorating supports. The treads and risers of every flight of stairs shall be uniform in width and height. Every porch shall have a sound floor. No porch shall have rotting, loose or deteriorating supports.
Basements, Garden Levels And Cellars. Every basement, garden level and cellar shall be maintained in a safe and sanitary condition. Water shall not be permitted to accumulate or stand on the floor. All sewer connections shall be properly trapped. All cellar and slab drains shall be covered with grating. Rubbish and waste shall not be permitted to accumulate in any manner as to create a fire hazard or to endanger health or safety.
Facilities, Equipment And Chimneys. Every supplied facility, fixture, system, piece of equipment or utility shall be maintained in a safe, sound and sanitary working condition. Every chimney and chimney flue shall be maintained in a safe and sound working condition.
Driveways, Sidewalks And Patios. Driveways, sidewalks and patios shall be maintained in good repair and free of safety hazards. Cracks in concrete or asphalt surfaces in excess of one-fourth (¼) inch shall be properly sealed to prevent moisture from entering the surfacing material.
Yards. All areas which are not covered by lawn or vegetation shall be treated to prevent dust or the blowing or scattering of dust particles into the air. All trees, bushes or vegetation located on private property which overhang a public thoroughfare shall be properly trimmed to avoid obstruction of the view and movements of vehicles and pedestrians. Hazardous live or dead trees and shrubs shall be promptly removed or trimmed to remove the hazard.
Infestation. Each dwelling and all exterior appurtenances on the premises shall be adequately protected against insects, rats, mice, termites and other infestation. Building defects which permit the entrance of insects, rats, mice, termites and other infestation shall be corrected by the owner. Tenants shall be responsible for the elimination of rodents and infestation from the part of the premises under their exclusive control except when more than one (1) unit is infested at the same time and in this instance the owner shall be responsible for elimination of the infestation.
Utilities. Each dwelling and/or dwelling unit shall have all the basic continuous utility services as a matter of public health and safety which shall include electrical service, natural or propane gas service (or other acceptable heating ability), potable drinking water service, sanitary sewer service or a fully functional septic sewer system, and solid waste (garbage, rubbish, trash) collection service for an approved occupancy.
[Ord. No. 8249 §2, 7-25-2016]
[Code 1980 §6-57; CC 1990 §5-141]
Public Halls. All habitable rooms, passageways and stairways shall be provided with electrical fixtures so that they can be adequately lighted at night.
Natural Lighting. All habitable rooms, except as otherwise provided in this Chapter, shall be provided with a means of transmitting natural light from outside complying with the following requirements:
Window area. Every habitable room shall have at least one (1) window or skylight of approved size facing directly to the outdoors except in kitchens where artificial light may be provided in accordance with the provisions of the Building Code. The minimum total window area, measured between stops, for every habitable room shall be at least eight percent (8%) of the floor area of such room with not less than one-half (½) of this required area available for unobstructed ventilation. Whenever walls or other portions of a structure face a window of any room and any such obstructions are located less than five (5) feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area for the room.
Windows leading to porches. Whenever the natural light area opening from a habitable room is to an enclosed porch, such area shall not be counted as a required light area unless the enclosed porch has a natural light area of at least thirty percent (30%) of the floor area of the room in question.
[Code 1980 §6-58; CC 1990 §5-142]
Generally. It shall be unlawful to occupy or permit another to occupy any dwelling unit for the purpose of living therein, which is not adequately and safely provided with an electrical system in compliance with the requirements of this Section.
Deficiencies. Wherever it is found, in the judgment of the Enforcement Official, that the electrical system in the building constitutes a hazard to the occupants of the building by reason of inadequate service, improper fusing, improper or inadequate grounding of the system, insufficient outlets, improper wiring or installation, deterioration or damage or for similar reasons, the defects shall be corrected to eliminate the hazard. The Enforcement Official shall base his/her findings of hazard on accepted electrical engineering practice standards.
Number Of Electrical Outlets. Every habitable room shall contain not less than two (2) separate and remote wall or approved floor convenience outlets, one (1) of which may be a ceiling or wall-type electric light fixture. Every kitchen shall be provided with at least three (3) separate and remote wall-type electric convenience outlets, one (1) of which may be a ceiling or wall-type electric light fixture.
Laundry Area. Every laundry area shall contain at least one (1) grounded-type convenience outlet.
Non-Habitable Space. Every bathroom and public hall shall contain not less than one (1) ceiling or wall lighting fixture.
Good Working Order. Every outlet and fixture shall be properly installed, shall be maintained in good and safe working condition and shall be connected to the source of electric power in a safe manner.
Hazards Defined. In addition to the hazards established by the Enforcement Official, the following installations are prohibited and their presence shall be deemed a hazard:
Flush or semi-flush mounted floor convenience outlets, unless provided with an approved waterproof cover;
Extension cords or rubber-covered conductors used as permanently installed wiring;
Conductor-supported pendant switches or conductor-supported light fixtures;
Loose or hanging wires;
Frayed or bare wires;
Inadequately grounded, grounded-type convenience outlets.
[Code 1980 §6-59; CC 1990 §5-143]
Scope. No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit which does not comply with the requirements in this Section regarding water facilities.
Bathrooms. Every dwelling unit shall contain a room which affords privacy to a person within the room and which is equipped with a flush water closet, lavatory basin and bathtub or shower, all of which are in good working condition and are properly connected to an approved water and sewer system.
Kitchen Sink. Every dwelling unit shall contain a kitchen sink apart from the lavatory basin required which is in good repair and in working condition, properly connected to hot and cold water lines and to an approved water and sewer system.
Water Heating Facilities. Every dwelling unit shall have supplied water heating facilities which are properly installed and are maintained in safe and good working condition, capable of heating water to a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower.
Plumbing Fixtures. Every dwelling unit covered by this Chapter shall have water lines, plumbing fixtures, vents and drains which are properly installed, connected and maintained in working order and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which they are designed. All repairs and installations shall be made in accordance with the provisions of the Florissant Building Code.
[Code 1980 §6-60; CC 1990 §5-144]
Generally. Every habitable room shall have natural ventilation or a mechanical ventilation system adequate for the purpose for which the room is used.
Bathrooms And Kitchens. Every bathroom and kitchen shall have adequate ventilation which may be either an openable window with an openable area of eight percent (8%) of the floor area, mechanical ventilation maintained in a safe and good working condition, a gravity vent flue constructed with incombustible material leading to the roof of the building or a combination of any of these. Gravity vents shall be provided with a weather cap, directional vane or rotary-type ventilation on the roof.
[Code 1980 §6-61; CC 1990 §5-145; Ord. No. 5708, 2-13-1995; Ord. No. 5745, 7-24-1995]
Accessory structures shall not obstruct light and air of and windows of any dwelling unit or obstruct a safe means of access to any dwelling unit or create fire and safety hazards or provide rat or insect harborage. Accessory structures shall be functional and shall be maintained in a state of good repair and alignment. Accessory structures shall be properly anchored and shall have an appropriate base constructed of masonry, patio block, concrete, asphalt or compacted stone, subject to review and approval by the Building Commissioner or, alternatively, shall be constructed on piers when the above-referenced base would interfere with drainage, provided that such structure be properly constructed to meet all current code requirements and that adequate consideration be given to prevent rodent harborage. Pier material shall be either masonry or osmose-treated wood or cedar wood and shall be a minimum cross section of six (6) inches by eight (8) inches. The number of piers and depth of the piers shall be designated by the Building Department.
[Code 1980 §6-62; CC 1990 §5-146]
General Egress. Every dwelling unit shall have a safe and unobstructed means of egress leading to safe and open space outside at the ground level. Passage through such exit shall not lead through any other dwelling unit.
Structures With Two And One-Half Or More Stories. All habitable structures of two and one-half (2½) or more stories with dwelling units occupying the higher story shall be provided with two (2) separate usable unobstructed means of egress for each dwelling unit located above the second (2nd) story.
[Code 1980 §6-63; CC 1990 §5-147; Ord. No. 5977, 6-23-1997; Ord. No. 7220 §1, 10-15-2005; Ord. No. 7276 §1, 3-14-2006]
Enforcement Official. It shall be the duty and responsibility of the Building Commissioner and his/her delegated representatives to enforce the provisions of this Chapter. No order for correction of any violation under this Chapter shall be issued without the approval of the Building Commissioner.
Inspections. Inspections shall be initiated under the following circumstances:
Upon application for an occupancy permit or other notification that there will be a change in occupancy of any dwelling unit;
Where there is extensive exterior deterioration of a building containing one (1) or more dwelling units;
When, on the basis of a complaint or personal observation, the Enforcement Official reasonably suspects that a dwelling unit has code violations and as such constitutes a health and/or safety hazard;
Where an inspection is a requirement of a specific home improvement program. The Enforcement Official is authorized and directed to make inspections to determine whether dwellings, dwelling units, rooming units, accessory structures and premises located within the City conform to the requirements of this Chapter. For the purpose of making such inspections, the Enforcement Official is authorized at reasonable times to enter, examine and survey all dwellings, dwelling units, rooming units, accessory structures and premises with the consent of the owner or occupant thereof. The inspection contemplated under this Subsection shall remain in force and effect for a period of one hundred twenty (120) days from the date of initial inspection provided that there is no change in occupancy or the building has remained vacant during the one hundred twenty (120) day period. Extensions of time may be granted at the discretion of the Building Commissioner or his/her designated representative. Inspections shall be made in accordance with the attached checklist, which shall serve as a permanent inspection record.
Editor's Note-The checklist referred to in this paragraph is not printed herein but is on file with the city clerk.
Access By Owner Or Operator. Every occupant of a structure or premises shall give the owner or operator thereof or his/her agent or employee access to any part of such structure or its premises at reasonable times for the purposes of making such inspection, maintenance, repair or alteration as is necessary to comply with the provisions of this Chapter.
Remedy Of Defects. The owner of any building shall remedy the condition specified in such notice within the time designated therein; however, the Enforcement Official may, at his/her discretion, extend the time for compliance with any such notice.
Reinspection. At the time when the defects have allegedly been brought into compliance, the Enforcement Official shall reinspect the dwelling, dwelling unit, rooming unit, accessory structure and its premises. At this time he/she shall make a reinspection, taking particular notice whether the violations previously noted have been brought into compliance and whether any hazardous conditions have come into existence in the time which has elapsed since the first (1st) inspection.
Non-Compliance With Chapter — Notice To Be Given. Whenever the Enforcement Official finds evidence of a violation of any provisions of this Chapter, he/she shall declare a code violation and give notice of same to the persons responsible under this Chapter. Such notice shall be in writing and shall include a statement of each of the provisions of this Chapter being violated together with a statement of the corrective action required to cure such violation. Such notice shall specify the period of time within which such remedial action shall be taken, which time shall be a reasonable period of time under all of the circumstances. In the event that the predicated items are not completed in the specified time, such notice shall specify that the owner or his/her agent has the right to appeal the decision of the Enforcement Official to the Housing Board within the specified time period or any approved extension thereof or be cited for a misdemeanor in accordance with Section 100.080 of the City Code. Such notice shall be served by delivering a copy to the owner and occupant by regular mail and by posting a copy of such notice in a conspicuous place in or about the building affected by the notice. The notice shall be deemed served on the date served or ten (10) days after the notice was mailed or ten (10) days after posting as herein provided.
Hearing. Upon receipt of an appeal as set out in Subsection (F), the Enforcement Official shall notify the Minimum Building Standards Board of Appeals, which shall call and have a full and adequate hearing upon the matter, giving at least twenty-one (21) days' written notice of the time, place and purpose of the hearing. This notice shall be given in the same manner as notice of a non-compliance is given. At that hearing any party may be represented by counsel and all parties shall have an opportunity to be heard. After the hearing, if the evidence supports a finding that the building or structure is a code violation or detrimental to the health or safety of any residents of the City, the Board shall issue an order making specific findings of fact, based upon competent and substantial evidence, which shows the building or structure to be a code violation and detrimental to the health or safety of any residents of the City and ordering the building or structure to be demolished and removed or repaired. In the event that the predicated items are not completed within the specified time period or any approved extension thereof, the owner or his/her agent shall be cited for a misdemeanor in accordance with Section 100.080 of the City Code. If the evidence does not support a finding that the building or structure is a code violation or detrimental to the health or safety of any residents of the City, no order shall be issued. Notice of any post-hearing orders shall be given in the same manner as notice of a non-compliance.
Performance Of Work By City — Special Tax Bill. If any order of the Minimum Building Standards Board of Appeals is not obeyed within the time specified by the Board, which shall be no less than thirty (30) calendar days and if appeal of such order is not made as authorized in this Section, the Enforcement Official may cause such building or structure to be repaired, vacated or demolished as provided in his/her post-hearing order. The Enforcement Official shall certify the costs for such repair, vacation or demolition to the Director of Finance who shall cause a special tax bill therefore against the property to be prepared, filed and collected. At the request of the taxpayer, the tax bill may be paid in equal installments over a period of not more than ten (10) years. The tax bill from date of issuance shall be a lien on the property until paid and shall bear interest at the maximum rate that the law will allow until paid.
Appeal. The decision of the Minimum Building Standards Board of Appeals may be appealed within thirty (30) days by a party aggrieved thereby to the Circuit Court of St. Louis County pursuant to Chapter 356, RSMo.
Editor's Note — The checklist referred to in this paragraph is not printed herein but is on file with the city clerk.
[Code 1980 §6-64; CC 1990 §5-148; Ord. No. 5409, 10-26-1992; Ord. No. 5457, 1-25-1993; Ord. No. 6186, 11-23-1998; Ord. No. 6215, 1-11-1999; Ord. No. 6856, 4-14-2003; Ord. No. 7343 §1, 10-12-2006]
Applicability. This Section shall not apply to any occupancy in existence at the time of the adoption of this Chapter and until a change of occupancy occurs.
Requirements. Except as otherwise provided, it shall be unlawful for any person or family to occupy or for any owner or agent thereof to permit the occupancy of any dwelling, dwelling unit or addition thereto or part thereof for any purpose until an occupancy permit has been issued by the Enforcement Official. The occupancy permit which is issued will allow the natural growth of a single family but requires that no dwelling unit shall be occupied by more than a single family, as defined in this Chapter, plus not more than two (2) other persons all living together in the dwelling unit as a single housekeeping unit. The occupancy permit shall not be issued until all violations of this Chapter have been brought into compliance, except as provided in Subsection (F) and its issuance shall be subject to the following occupancy limitations:
Bedrooms. Any room used for sleeping purposes in a dwelling unit or group home shall be classified as a bedroom.
Area for sleeping purposes. Every bedroom occupied by one (1) occupant shall contain at least seventy (70) square feet of floor area; every bedroom occupied by two (2) occupants shall contain at least one hundred (100) square feet of floor area and every bedroom occupied by three (3) occupants shall be fifty (50) square feet per person.
Single-family occupancy. No dwelling unit, other than a group home permitted under the provisions of the Zoning Code, shall be occupied by more than a single family, as defined in this Chapter, plus not more than two (2) other persons all living together as a single housekeeping unit and shall be subject to square footage.
Overcrowding. Dwelling units and group homes shall not be occupied by more occupants than permitted by the minimum area requirement.
Fee. The fee for occupancy permit, including inspection fee, shall be as follows:
One- and two-family dwellings (attached or detached)
Apartments (each unit)
Occupancy permit update (except as a result of the natural growth of a family)
Commercial inspection less than three thousand (3,000) square feet building/tenant space
Commercial inspection between three thousand (3,000) and fifty thousand (50,000) square feet building/ tenant space
Commercial inspection over fifty thousand (50,000) square feet building/tenant space
Commercial or residential occupancy permit
The above fees shall also cover the first (1st) reinspection in the event a reinspection is necessary following the initial inspection. In the event further reinspections are necessary to secure an occupancy permit or to comply with the terms of a conditional occupancy permit, each such reinspection after the first (1st) reinspection shall require an additional fee of twenty-five dollars ($25.00) per reinspection.
Report Change Of Occupancy. Every dwelling unit in which a change of occupancy is to occur must be reported by the owner to the Building Commissioner so that the Enforcement Official may inspect the structure according to the provisions of this Chapter. Failure to make such a report shall constitute a violation of this Chapter and the person responsible for the failure shall be subject to the penalties of this Chapter.
Responsibilities Of Real Estate Brokers. All real estate brokers and agents and similar businesses and owners of multiple-family dwelling units shall report each dwelling unit which is to change occupancy as defined in this Chapter so that the Enforcement Official may inspect the unit according to the provisions of this Chapter. Failure to register or make such a report shall constitute a violation of this Chapter and the person responsible for the failure shall be subject to the penalties of this Chapter.
Conditional Occupancy Permit. A conditional occupancy permit may be issued by the Enforcement Official if, in his/her judgment, any deficiencies in structures covered by this Chapter would not seriously endanger the health or safety of the occupants of the community and provided that in the case of an owner-occupant an affidavit stating that he/she will correct deficiencies within a specific time and in the case of an owner-non-occupant an affidavit stating that the owner will correct deficiencies within a specified time and thus bring the structure into compliance with the provisions of this Chapter. The occupant, who may be the owner or a renter as the case may be, may occupy the dwelling unit while repairs are being made. At such time and within the period covered by the affidavit furnished as the dwelling complies with all the provisions of this Chapter an occupancy permit will be issued as provided above.
Inspection Of Occupancy Records. Every owner and managing agent of a multiple-family dwelling shall, upon request of the Enforcement Official, make available for inspection by the Enforcement Official its records of occupancy and all changes of occupancy of the dwelling units within such multiple-family dwelling.
Notice Of Requirement Of Occupancy Permit To Be Posted. The Enforcement Official shall provide to the owner or managing agent of every multiple-family dwelling a sign specifying that an occupancy permit is required to be issued prior to the occupation of any dwelling unit. Upon receipt of such sign, the owner or managing agent shall post and maintain the sign in a conspicuous place in the rental office of such multiple-family dwelling and if such rental office is not at the same location as the multiple-family dwelling, such owner or managing agent shall also post the sign in the common entry area of each multiple-family dwelling. Failure to post and maintain this sign shall constitute a violation and the person responsible for such failure shall be subject to the penalties of this Chapter.
[Code 1980 §6-65; CC 1990 §5-149]
Placard On Building. The designation of dwellings or dwelling units as unfit for human habitation and the procedure for such declaration and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the following requirements. Any dwelling or dwelling unit which shall be found to have any of the following defects shall be declared unfit for human habitation and shall be so designated and placarded by the Enforcement Official when the person responsible has failed to correct the condition set forth in a notice issued in accordance with Section 510.120(F): One which is so damaged, decayed, dilapidated, unsanitary, unsafe, insect infested or rodent infested that it creates a serious hazard to the health or safety of the occupants or of the public.
Building To Be Vacated. Any dwelling or dwelling unit condemned as unfit for human habitation and so designated and placarded by the Enforcement Official shall be vacated within a reasonable time as ordered by the Enforcement Official.
Reoccupation Of Building. No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from and such placard removed by the Enforcement Official. The Enforcement Official shall remove such placard whenever the defects upon which the condemnation and placarding action were based have been eliminated.
Unlawful To Remove Placard. No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such except as provided in Subsection (C).
Vacated Buildings To Be Made Secure. The owner of every building or dwelling unit or rooming unit which is condemned as "unfit for human habitation" for continued occupancy shall make the dwelling, building or rooming unit safe and secure so that it shall not be dangerous to human life and shall not constitute a fire hazard or public nuisance. Any such vacant dwelling open at doors or windows, if unguarded, shall be deemed to be dangerous to human life as a fire hazard and public nuisance within the meaning of this provision.
[Code 1980 §6-66; CC 1990 §5-150]
Applicability. Every window, glazed exterior door, exterior transom or exterior sidelight shall be provided with properly installed glass or other approved glazing material. In the event of breakage, the owner shall cause the simultaneous removal of broken glass from the premises and shall temporarily board up the affected openings with suitable material to provide protection from the elements and to prevent entry of birds or animals and to provide security to occupants or contents of the building. Within ten (10) days after the boarding up, the owner shall cause the boarding material to be removed and all affected openings shall be immediately reglazed by the owner.
Enforcement. Whenever any exterior openings are found boarded up in an occupied dwelling unit, it shall be the duty of the Enforcement Official to notify the owner or the agent of the above requirement giving him/her a period of not more than ten (10) working days in which to properly replace the broken glass or cause the dwelling unit to be vacated. If necessary materials are not available within this period, the Enforcement Official may grant an extension of time at his/her discretion.
Specifications. All boarding up of exterior openings shall be accomplished in a neat, workmanlike manner with not less than three-eighths (3/8) inch thick, weather-resistant plywood cut to fit within the openings, fastened in place as securely as possible. It shall be the duty of the Enforcement Official to notify the owner or agent of any boarded-up dwelling unit not complying with the above requirement of the necessity of immediate compliance and ordering him/her to replace the broken glass or repair or replace the boarding. If the glass has not been or cannot be replaced within ten (10) working days, the Enforcement Official shall order the boarding to be painted in an inconspicuous color.
[Code 1980 §6-67; CC 1990 §5-151]
Prosecution. In case any violation of this Chapter is not remedied within the prescribed time period designated by the Enforcement Official, he/she shall request the legal representative of the City to institute an appropriate action or proceeding at law, against the person responsible for the failure to comply, to:
Restrain, correct or remove the violation or refrain from any further execution of work;
Restrain or correct the erection, installation or alteration of such building;
Require the removal of work in violation;
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 certificate was issued; or
Enforce the penalty provision of this Chapter.
Penalty For Violations. Any person who shall violate any provision of this Chapter shall upon conviction thereof be subject to the penalties provided for by City ordinances. Every day that a violation continues after due notice has been served, in accordance with the terms and provisions of this Chapter, shall be deemed a separate offense.
[Code 1980 §6-68; CC 1990 §5-152]
When any dwelling unit has become so damaged by fire, wind or other causes or has become so unsafe, unhealthful or unsanitary that, in the opinion of the Enforcement Official, life or health is immediately endangered by the occupation of the dwelling unit, the Enforcement Official is hereby authorized and empowered to revoke without notice any occupancy permit for such dwelling unit and to order and require the occupants to vacate the dwelling unit forthwith and to order the owner or agent to proceed immediately with the corrective work and repairs required to make the dwelling unit 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 by City ordinances have been instituted.
If the Enforcement Official determines that there is an immediate danger to the health, safety or welfare of any person, he/she may take emergency measures to vacate and repair the structure or otherwise remove the immediate danger.
Written notice shall be given to the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in such building or structure as promptly as possible. The cost of any such emergency work shall be collected in the same manner as provided by this Chapter.
Section 510.180 Minimum Building Standards Board of Appeals Established — Members — Terms — Jurisdiction.
[Code 1980 §6-69; CC 1990 §5-153]
The Minimum Building Standards Board of Appeals shall consist of five (5) members, all of whom shall be residents of the City and appointed by the City Council. The term of office of the members of the Board shall be three (3) years and those presently in office shall serve the remaining time of their particular appointment. Vacancies shall be filled for the unexpired term only. The board shall elect its own Chairman and Secretary who shall serve for one (1) year. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Chapter.
In addition to the duties of the Board as provided in Section 510.120, the Board shall have the jurisdiction to:
Hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Enforcement Official;
Authorize a variance from the strict application of any provision of the minimum housing standards ordinance where a property owner can show that this would result in exceptional practical difficulties and particular hardship, if such relief can be granted without substantial detriment to the public welfare and without substantially impairing the general purpose and intent of this Chapter.
Any person claiming to be aggrieved by any order, requirement, decision or determination made by the Enforcement Official hereunder or seeking a variance from the provisions of this Chapter shall have the right to appeal to the Board. Such appeal shall be initiated within thirty (30) calendar days after receipt of notice of non-compliance. Upon the filing of a notice of appeal or request for variance, the Enforcement Official shall forthwith submit to the Board all papers constituting the record upon which the action appealed from or request for variance was taken. An appeal stays all proceedings in furtherance of the action appealed from unless the Enforcement Official certifies to the Board that, by reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life or property. In such case, the proceeding shall not be stayed. The board shall fix a reasonable time for the hearing of the appeal or request for variance, give public notice thereof, as well as due notice to the parties in interest and decide same within a reasonable time. At such hearing, any party may appear in person or by agent or attorney.
All hearings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member on each question or if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.
In exercising its authority, the Board may reverse or affirm, in whole or part, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made.
[Code 1980 §6-70; CC 1990 §5-154]
All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
[Code 1980 §6-71; CC 1990 §5-155]
All premises shall be graded and maintained so as to prevent the accumulation of stagnant water thereon or within any structure located thereon.
[Code 1980 §6-72; CC 1990 §5-156]
All sidewalks, steps, driveways, parking spaces and similar paved areas for public use shall be kept in a proper state of repair and free of all snow, ice, mud and other debris. If any sidewalk or driveway or portion thereof by virtue of its state of repair shall constitute a danger to public health and safety, the sidewalk or driveway or portion thereof shall be replaced.
[Code 1980 §6-73; CC 1990 §5-157]
The exterior of a structure shall be maintained structurally sound and sanitary so as not to pose a threat to the health and safety of the occupants and so as to protect the occupants from the environment.
[Code 1980 §6-74; CC 1990 §5-158]
All supporting structural members of all structures shall be kept structurally sound, free of deterioration and maintained capable of safely bearing the dead and live loads imposed.
[Code 1980 §6-75; CC 1990 §5-159]
Every foundation, exterior wall, roof and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair and shall be kept in such condition as to exclude rats.
[Code 1980 §6-76; CC 1990 §5-160]
All foundation walls shall be maintained so as to carry the safe design and operating dead and live loads and shall be maintained plumb and free from open cracks and breaks so as not to be detrimental to public safety and welfare.
[Code 1980 §6-77; CC 1990 §5-161]
Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers and any other conditions which might admit rain or dampness to the interior portions of the walls or to the occupied spaces of the building. All exterior surface materials, including wood, composition or metal siding, shall be maintained weatherproof and shall be properly surface coated when required to prevent deterioration.
[Code 1980 §6-78; CC 1990 §5-162]
The roof shall be structurally sound and tight and not have defects which might admit rain and roof drainage shall be adequate to prevent rainwater from causing dampness in the walls or interior portion of the building.
[Code 1980 §6-79; CC 1990 §5-163]
All cornices, entablatures, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
[Code 1980 §6-80; CC 1990 §5-164]
All canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a safe and sound condition. They shall be protected from the elements and against decay and rust by the periodic application of a weather-coating material such as paint or other protective treatment.
[Code 1980 §6-81; CC 1990 §5-165]
All chimneys, cooling towers, smokestacks and similar appurtenances shall be maintained structurally safe, sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials such as paint or similar surface treatment.
[Code 1980 §6-82; CC 1990 §5-166]
Every stair, porch, balcony and all appurtenances attached thereto shall be so constructed as to be safe to use and capable of supporting the loads to which it is subjected and shall be kept in sound condition and good repair.
[Code 1980 §6-83; CC 1990 §5-167]
Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction so as to exclude rain as completely as possible and to substantially exclude wind from entering the dwelling or structure.
[Code 1980 §6-84; CC 1990 §5-168]
Every window and exterior door shall be fitted reasonably in its frame and be weathertight. Weatherstripping shall be used to exclude wind or rain from entering the structure and shall be kept in sound condition and good repair.
[Code 1980 §6-85; CC 1990 §5-169]
Every required window sash shall be fully supplied with approved glazing materials which are without open cracks and holes.
[Code 1980 §6-86; CC 1990 §5-170]
Every exterior door, door hinge and door hatch shall be maintained in good condition.
[Code 1980 §6-87; CC 1990 §5-171]
Every basement or cellar hatchway shall be so constructed and maintained as to prevent the entrance of rats, rain and surface drainage water into the structure.
[Code 1980 §6-88; CC 1990 §5-172]
[Code 1980 §6-89; CC 1990 §5-173]
The owner of every dwelling unit which is started and constructed after April 24, 1985, and the owner of any property who shall rehabilitate his/her property after April 24, 1985, shall install a smoke detector.
The owner of each existing dwelling shall at the time of the change of occupancy install a smoke detector.
Any smoke detector required by this Section shall be installed as follows:
At least one (1) smoke detector shall be installed to protect each sleeping area. In an efficiency, the owner shall install the smoke detector in the room used for sleeping. In all other dwelling units, the owner shall install the smoke detector outside the bedrooms but in the immediate vicinity of the sleeping area. The smoke detector shall be installed on the ceiling at a minimum of four (4) inches from the side wall to the near edge of the detector or on a wall located four (4) to twelve (12) inches from the ceiling to the top of the detector and within fifteen (15) feet of all rooms used for sleeping purposes, with not less than one (1) detector per level which contains a sleeping room and in the basement or cellar. The smoke detector shall not be installed in dead air space. Where one (1) or more sleeping areas are located on a level above the cooking and living area, the smoke detector for such sleeping areas shall be placed at the top of the stairway. An owner shall also install not less than one (1) smoke detector on the uppermost ceiling, not less than four (4) inches from any wall or on a wall, located four (4) to twelve (12) inches from the uppermost ceiling of all interior stairwells.
A smoke detector required by this Section shall be one which shall be capable of sensing visible or invisible particles of combustion and committing an audible signal and may be wired directly to the building power supply or may be powered by self-monitored battery. The smoke detectors hereby required shall comply with all the specifications of the Underwriters' Laboratories, Inc. Standard UL217 (Standard for Safety — Single and Multiple Station Smoke Detectors) 2nd Edition October 4, 1978, as revised May 19, 1983, or any recognized standard testing laboratory that certifies the detector meets the requirement of National Fire Protection Association (NFPA) Standards 72E and 74. Smoke detectors shall bear the label of a nationally recognized standards testing laboratory that indicates that the smoke detectors have been tested and listed under the requirement of UL217 2nd Edition or NFPA 72E and 74.
[CC 1990 §5-174; Ord. No. 5676, 11-28-1994]
For any month when there is a change of user of residential electric service or non-residential electric service within the City, AmerenUE shall notify the Building Commissioner of the City in writing within seven (7) working days after the end of the month of said changes, indicating the address and apartment or unit number and the name(s) of electric user(s) per service and address and apartment or unit number in whose name service is connected or billed.
AmerenUE shall submit annually to the City an invoice for its cost associated with its compliance with this Chapter. The City shall pay to AmerenUE the amount of the invoice within thirty (30) days of receipt.
[Ord. No. 7071 §1, 9-28-2005; Ord. No. 7890 §1, 7-11-2012]
A semi-annual registration fee of two hundred dollars ($200.00) shall be charged to the owner of any residential structure, including a structure containing multiple dwelling units, which has been vacant for six (6) months or more and is in violation of the City's housing codes. In the event that the registration fee is not paid within thirty (30) days of the receipt of the notice, a lien may be placed on the property, enforceable as are other liens, by recording in the Office of the Recorder of Deeds in St. Louis County, a true copy of a statement attested to by the Director of Finance stating that the fee has remained unpaid and shall constitute a lien for principle and interest and shall be in full force and effect until final payment has been made. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the fee is due and owing, and this shall constitute full notice to every person that the amount of the fees plus interest constitutes a charge against the property designated in the statement and that the same is due and collectible as provided by law. In addition to the filing of such lien, or in lieu of filing of such a lien, the City shall have the right to collect these fees by including the fees on the bill for the payment of real and personal property taxes and all other taxes due and owing.
A forty-five dollar ($45.00) inspection fee shall be charged for an inspection to the owner of any residential structure, including a structure containing multiple dwelling units, which has been vacant for six (6) months or more and is in violation of the City's housing codes.
[Ord. No. 8242 §2, 7-11-2016]
It is the purpose of this Section to provide for registration of residential buildings that have been vacant for more than six (6) months.
Registration of vacant buildings:
Notice of registration. Notice shall be given to the property owner and managing agent of record that a "Residential Vacant Property Registration Application" is required; however, the obligation to register rests solely with the owner whether or not the owner received notice. If notice is served by mail the notice shall be sent to the owner's and managing agent's last known address and the date of mailing shall be the date of service and anniversary date of vacancy. A "Residential Vacant Property Registration Form" will be provided by the Public Works Department (and can be obtained on line from the City's web site).
Amount of fee. There is hereby established and assessed an annual fee in the amount of two hundred dollars ($200.00) subject to owners of property to be registered under this Section.
Owner responsible. It shall be the joint and several responsibility of each owner of property registered pursuant to this Article to pay the annual registration fee.
Vacant property registration form. A "Residential Vacant Property Registration Form" must be completed and returned with the following information:
Name, street address and telephone numbers of the owner or owners and all other parties with ownership interest in the property.
Name, street address and telephone numbers of any registered property manager or any other responsible person so appointed by the owner.
Status of property, vacant or occupied.
A plan or timeline to establish lawful occupancy, rehabilitation, removal or demolition of the structure.
Renew the vacant property registration each year on the anniversary date of the first filing for the time the building remains vacant and pay the required fee of two hundred dollars ($200.00).
Exemptions. "Residential Vacant Property Registration" charges are exempt under the following circumstances:
A property that is actively listed for sale and/or rent, and has a current approved municipal housing inspection.
A property that has suffered damage caused by fire, extreme weather (i.e., tornado, flood, etc.) or other catastrophe which has rendered the property un-occupiable shall be exempt for a period of ninety (90) days. If at the end of the 90-day period a building permit has been issued for the repairs the exemption status will remain for an additional ninety (90) days, subject to receiving approval of a 90-day extension, and subject to consideration for delays caused by the insurance provider, arson investigation or properly documented extenuating circumstances.
A property that is undergoing rehab or restoration under an approved permit issued by the City of Florissant.
A property that is occupied/owned/rented by a member of the military who is deployed for military service and is otherwise maintained and secured.
A property that is occupied only on a seasonal basis (winter residence, etc.) and is otherwise maintained, secure and in substantial compliance with all applicable codes, regulations and laws.
Failure to pay fee unlawful. It shall be unlawful for any owner of property registered pursuant to this Article to fail to pay the registration fee imposed for such property. Any person found guilty of failing to pay any required fee shall be punished as provided in Section 100.080 of the Code of Ordinances.
The fee shall be paid no later than thirty (30) days after the building is found to be vacant for six (6) months.
Fees required by this Section shall be paid in full prior to the issuance of any building or occupancy permit. Fees shall be paid by the owner prior to any transfer of ownership. In the event a fee is not paid, a lien may be placed on the property, enforceable as are other liens, by recording in the Office of the Recorder of Deeds in St. Louis County a true copy of a statement attested to by the Director of Finance stating that the fee has remained unpaid and shall constitute a lien for principal and interest and shall be in full force and effect until final payment has been made.
[Ord. No. 7873 §1, 3-27-2012]
Adopt standards for identifying dangerous levels of toxic chemicals and residue associated with the production of methamphetamine; and
Establish protocols whereby the City of Florissant Code Enforcement may cooperate with and rely on the Florissant Police Department when applying the order or cause the abatement of contamination in structures due to the production of methamphetamine.
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
- Dextro methamphetamine, levo methamphetamine, and unidentified isomers of the same, any racemic mixture of dextro/levo methamphetamine, or any mixture of unidentified Accessory Buildings And Commercial Buildings isomers of methamphetamine. The term includes derivatives, conjugates, oxides and reduce forms of the basic structure associated the formation of methamphetamine. For the purpose of this protocol, this term includes amphetamine, ephedrine and pseudo ephedrine.
- QUALIFIED COMPANY OR QUALIFIED CONTRACTOR
- A company or contractor that tests structures for the presence of unsafe contamination and/or abates such unsafe contamination and that:
- 1. Complies with the guidelines of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August 2009);
- 2. Complies with the regulations of the Occupational Safety and Health Administration of the United States Department of Labor relating to hazardous waste operations and emergency response, including 29 Code of Federal Regulations Section 1910.120;
- 3. Requires that at least one (1) employee or supervisor assigned to and on duty at any work site shall have completed the forty (40) hour Hazardous Waste Operations and Emergency Response (HASWOPER) training [Occupational Safety and Health Administration (OSHA) 29CFR 1910]; and
- 4. Requires its personnel to complete a clandestine drug lab assessment and decontamination course offered by a sponsor acceptable to the City of Florissant.
- UNSAFE CONTAMINATION
- The presence of chemicals in a structure at levels exceeding the levels for such chemicals as provided below.
Unsafe Contamination. A structure will be considered unsafe for purposes of the City of Florissant Code Enforcement if it is found to contain any of the chemicals listed below at exposure limits above the levels listed below established by the National Institute for Occupational Safety and Health (NIOSH):
Red Phosphorus — any amount;
Iodine Crystals C 0.1 ppm (1 mg/m3);
Sulfuric Acid TWA 1 mg/m3;
Hydrochloric Acid (Hcl gas) — C 5 ppm (7 mg/m3);
Hydrogen Chloride C 5 ppm (7mg/m3);
Methamphetamine — in a concentration equal to or greater than 1.5 ugram/100 cm2;
Lead and Mercury — If it is determined that the phenyl-2-propanone (P2P) method of methamphetamine manufacturing was used, surface levels for lead in excess of 20 u/ft2 and vapor samples for Mercury in excess of 50 ng/m3.
Closure And Abatement Orders Upon Report And Investigation By The Florissant Police Department.
When the Florissant Police Department discovers that a structure has been used for the production of methamphetamine or as a storage facility for the chemicals used in the manufacturing of methamphetamine as identified in the preceding Subsections, the structure will be ordered closed by the City's Code Enforcement office until it has been tested by a qualified contractor selected by the City to determine if the structure is safe for occupancy at the property owner's expense. The testing expenses incurred by the City must be paid back to the City before the structure can be reoccupied.
If the structure is found to be safe for occupancy after the original testing, the closure order will be rescinded. However, if it is found that the structure is not safe for occupancy, the structure will remain closed until it is safe for occupancy.
Supplementary Notice And Instructions.
While closure and abatement orders may be posted, the City of Florissant Code Enforcement shall also attempt to contact the owner of the record of the affected property, or the owner's agent, as provided.
Such notice shall direct the owner to contact a qualified company or qualified contractor, as described above, within twenty (20) calendar days to establish a schedule for decontaminating the structure, and further advise the owner that failure to contact the City of Florissant Code Enforcement within that time specified may result in the City of Florissant Code Enforcement request to disconnect electric service in order to ensure that the structure is not re-occupied until it is decontaminated.
Such notice shall also inform the owner that if the owner contacts the City of Florissant Code Enforcement within the time specified in the notice, the owner may request to have the structure retested, but such retesting must be performed as follows:
The owner must employ the service of a qualified company or contract to perform sampling and to analyze the samples.
An inspector from the City of Florissant Code Enforcement must be present when the qualified company or contractor takes samples.
Sampling and testing shall be performed in accordance with the appropriate sections of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August 2009).
The qualified company or contractor engaged by the owners must report the results of its analysis of the samples taken to the City of Florissant Code Enforcement.
If testing confirms the presence of unsafe contamination in a structure, the owner shall hire a qualified contractor or company to decontaminate the structure and will advise the City of Florissant Code Enforcement of the schedule for decontamination.
The schedule for the work and evidence that the qualified contractor or company meets the requirements of this Section must be submitted for approval to the City of Florissant Code Enforcement within twenty (20) calendar days of the receipt of notice. Approval will be based solely on the timeliness of the schedule and the qualifications of the contractor. Approval or rejection of the schedule will be provided within a reasonable time of submission. If rejected the owner will be informed, in writing, of specific reason for the rejection and will be required to amend the schedule of the purposed qualified contractor or company. Decontamination shall be performed in accordance with the appropriate sections of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August 2009).
If the owner of the property determined to have unsafe contamination fails to voluntarily abate that contamination, the City of Florissant Code Enforcement may serve a notice of violation.
If the owner of the property is unwilling or unable to voluntarily abate the contamination, within forty-five (45) days of notice, the City of Florissant in the interest of public safety may abate the property utilizing the above noted guidelines.
The Building Commissioner may cause the property to be abated of hazardous chemicals. The Building Commissioner shall have the right to enter upon and within the property for the purpose of abating the dwelling of hazardous chemicals and/or substances described above, and may utilize or have utilized any suitable means or assistance for the purpose of the abatement of such chemicals or substances by employees of the City or by contract with some qualified person.
The Building Commissioner shall keep an accurate accounting of the cost of abating such hazardous chemicals and/or substances, and shall report the same to the Director of Finance, who shall cause a special tax bill or nuisance fee against the property from which such hazardous chemicals and/or substances were abated to be issued and collected with other taxes assessed against such property. The tax bill from the date of its issuance shall be a first (1st) lien upon such property until paid and shall be prima facie evidence of the recitals therein contained and of its validity. 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 part of the cost of abating the chemicals and/or substances, each special tax bill shall include a charge to be established by ordinance for the computing, making, certifying and recording the bill. Each special tax bill shall bear interest at the rate of eight percent (8%) per annum beginning thirty (30) days after its issuance.
Post decontamination sampling. Following the completion of the work the owner shall notify the City of Florissant Code Enforcement that work is complete and the owner must provide written test results as evidence that the property is compliant with this regulation. The post remediation sampling and testing must be performed by a qualified contractor or company other than and independent of the contractor or company that performed the decontamination and shall be performed in accordance with the appropriate sections of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup.
Final Action. After the property has been decontaminated and the City of Florissant Code Enforcement is in possession of evidence that the pertinent chemical levels are below the levels established for unsafe contamination by this Section, the structure will be considered safe and suitable for performance of a full inspection for an occupancy permit. If the electrical service has been disconnected, the City of Florissant Code Enforcement will notify the electric utility company that the unsafe condition has been mitigated and service can be restored. The property owner shall be responsible for any re-connection fees.