[R.O. 2008 §520.010; Ord. No. 31-2004 §1, 11-8-2004]
A.
The purpose
of this Chapter is to protect the public health, safety and general
welfare of the people in the City in non-owner occupied dwellings,
including:
1.
To protect
the character and stability of residential areas;
2.
To correct
and prevent housing conditions that adversely affect or are likely
to adversely affect the life, safety, general welfare and health,
including the physical, mental and social well-being of persons occupying
dwellings;
3.
To provide
minimum standards for cooking, heating and sanitary equipment necessary
to health and safety;
4.
To provide
minimum standards for light and ventilation necessary to health and
safety;
5.
To prevent
the overcrowding of dwellings by providing minimum space standards
per occupant for each dwelling unit;
6.
To provide
minimum standards for the maintenance of existing residential buildings
and to thus prevent slums and blight;
7.
To preserve
the value of land and buildings throughout the City.
B.
With
respect to the rental disputes, except as otherwise specifically provided
by this Chapter, it is not the intention of the City Council to intrude
upon contractual relationships between tenant and landlord. The City
Council does not intend to intervene as an advocate of either party,
nor to act as an arbiter, nor to be receptive to complaints from tenant
or landlord, which is not specifically and clearly relevant to the
provisions of this Chapter. In the absence of such relevancy with
regard to rental disputes, it is intended that the contracting parties
exercise such legal sanctions as are available to them without intervention
of City Government.
[R.O. 2008 §520.020; Ord. No. 31-2004 §2, 11-8-2004]
A.
It shall
be unlawful for any person, firm or corporation to conduct or operate
or cause to be rented, either as owner, lessee, lessor, agent or manager
within the City, any rental units used for human habitation without
having first obtained a permit to do so as provided in this Chapter.
A unit is a family occupancy or a sleeping room of a facility, a boarding
house or a dwelling. This Chapter shall not apply to hospitals, nursing
homes or other rental units used for human habitation which offer
or provide medical or nursing services or hotels, motels and dormitories
if such units are subject to other City, State or Federal licensing
or regulations concerning the safety of the users, patients or tenants,
or where owned and inspected by the City Housing Authority.
B.
The permit
so issued shall state that the condition of the premises and its proposed
occupation complies with all of the provisions of this Code as far
as can be determined by a visual inspection of the premises and a
review of the records.
C.
The permit
so issued shall state the maximum occupancy for the unit inspected.
[R.O. 2008 §520.030; Ord. No. 31-2004 §3, 11-8-2004]
Within six months after the effective date of this Chapter,
the owner of each rental dwelling unit existing on the effective date
shall make written application to the Building Inspector for a permit
for such use on a form to be supplied by the City and containing such
information as necessary to administer and enforce the provisions
of, and to insure compliance with, the provisions of this Chapter
and the Housing Code in its entirety. In addition, the legal owner
of record of each rental unit, as hereinbefore stated, constructed
or put into rental service after the effective date of this Chapter
shall make written application to the Building Inspector for a permit
as herein provided and receive a satisfactory rating for the property
prior to any initial occupancy.
[R.O. 2008 §520.040; Ord. No. 31-2004 §4, 11-8-2004]
A.
Upon
completion of the inspection of the building or buildings, if the
Inspector finds the requirements of the City Codes and zoning ordinance
have been met, a permit certifying such facts shall be issued. If
the Inspector finds that the requirements of the City Code and/or
zoning ordinance have not been met, a written denial specifying the
defects shall be transmitted to the applicant.
B.
When
a permit has been denied, expired, suspended or revoked, no further
rental and occupancy of dwelling units then vacant or which may become
vacant shall be permitted until a permit has been issued. The units
within a structure which are in compliance with the Housing Code requirements
may continue to be occupied if units in other portions of the structure
which do not comply, do not create hazard to the health and safety
of the persons in the occupied units.
[R.O. 2008 §520.050; Ord. No. 31-2004 §5, 11-8-2004]
After the initial inspection, a permit shall be renewed every
two (2) years, based on the date of the initial issuance and/or upon
a change of ownership. So that the privacy of occupants is honored,
notification of inspection of occupied properties shall be given at
least fourteen (14) days prior to the week which inspection is to
be performed. This notification shall be deemed served by either hand
delivery or posted upon the property to be inspected.
[R.O. 2008 §520.060; Ord. No. 31-2004 §6, 11-8-2004]
A permit may be suspended upon a finding by the Inspector that
one (1) or more of the requirements of the Housing Code have been
violated. The Inspector shall give written notice to the permit holder
of the violations of the Housing Code. Upon failure of the permit
holder to correct the violations as stated in the notices of violation,
the permit may be revoked in the manner provided by ordinance for
the revocation of permits. The suspended permit may be reinstated
upon meeting the requirements of the code.
[R.O. 2008 §520.070; Ord. No. 31-2004 §7, 11-8-2004]
Permits issued under this Section shall be produced on the request
of a tenant or prospective tenant and shall be available at reasonable
times for inspection by an authorized Building Inspector.
[R.O. 2008 §520.080; Ord. No. 31-2004 §8, 11-8-2004; Ord. No. 05-2012 §1, 3-12-2012]
A.
At the
time of application for the permit for permit renewal required by
this Section, the City Clerk shall collect the appropriate permit
fee and inspection fee in accordance with the following schedule:
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Permit and Inspection Fees
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|---|---|---|---|---|
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1.
|
Single-family dwelling
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$35.00
| ||
|
2.
|
a.
|
Main Structure or Duplex
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$25.00 (main structure)
| |
|
Multi-family dwellings
| ||||
|
b.
|
Individual dwelling units
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$10.00 (per unit)
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|
3.
|
a.
|
Main structure or boarding house
|
$25.00 (main structure)
| |
|
b.
|
Sleeping rooms
|
$5.00 (per room)
| ||
B.
The above
permit fees shall be tendered with the application for the first (1st)
issuance of permit and thereafter every two (2) years, except a change
of ownership and for a bed and breakfast, which shall be on an annual
basis. If a permit is denied or suspended, the permit and inspection
fee is non-refundable. A twenty dollar ($20.00) reinspection fee will
be required. The Building Inspector shall review the fee schedule
annually and recommend changes as deemed appropriate to the City Council.
[R.O. 2008 §520.090; Ord. No. 31-2004 §9, 11-8-2004]
As part of the monthly and annual reports the Building Inspector
shall report to the City Council on the results of this program.
[R.O. 2008 §520.110; Ord. No. 31-2004 §11, 11-8-2004]
Every building and its premises used in whole or in part as
a rented home or rented residence, or as an accessory structure thereof,
for a single family or person, and every building used in whole or
in part as a rented home or rented residence of two (2) or more persons
or families living in a separate unit shall conform to the requirements
of this Chapter, irrespective of when such building may have been
constructed, altered or repaired. This establishes minimum standards
for erected dwelling units, accessory structures and related premises.
[R.O. 2008 §520.120; Ord. No. 31-2004 §12, 11-8-2004]
As used in this Chapter, the following terms shall have the
following meanings, unless the context clearly indicates that a different
meaning is intended:
- APPROVED
- Complying with all applicable City ordinances and City Code.
- BUILDING
- A roofed and walled structure built for use as a dwelling.
- BUILDING INSPECTOR
- Where mentioned, shall include the Building Inspector or any person authorized by him.
- CITY
- The City of Louisiana, Missouri.
- DEFECT
- An imperfection that causes inadequacy or failure; a shortcoming.
- DUPLEX
- A building containing two (2) dwelling units.
- DWELLING
- A building, or portion thereof, designed or used predominantly for residential occupancy of a continuing nature, including one-family dwellings, two-family dwellings and multiple-family dwellings, but not including hotels or motels.
- DWELLING UNIT
- A single residential accommodation which is arranged, designed, used or, if vacant, intended for use exclusively as a domicile for one (1) family. Where a private garage is structurally attached, it shall be considered as part of the building in which the dwelling unit is located.
- EXISTING STRUCTURE
- Existing prior to the date of the adoption of this Chapter.
- FAMILY (any of the following definitions shall apply)
- A person or persons related by blood, marriage or adoption, together with his/her or their domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit; or groups of foster care authorized by law, of not more than five (5) wards or clients with their guardian or guardians, together with his/her or their domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit; or a group of not more than five (5) persons not related by blood, marriage or adoption maintaining a common household in a dwelling unit.
- FLUSH WATER CLOSET
- A toilet bowl flushed with water with a water-sealed trap.
- GARBAGE
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- HABITABLE BUILDING
- Any building or part thereof that meets minimum standards for use as a home or place of abode by one (1) or more persons.
- HABITABLE SPACE OR ROOM
- Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
- HEATED WATER
- Water heated to a temperature of not less than one hundred twenty degrees Fahrenheit (120°F) measured at faucet outlet.
- INSPECTOR
- The inspector(s) of the City includes Code Enforcement, Fire, Police or any other person as authorized by the Building Inspector.
- KITCHEN
- A space which contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment, and adequate space for the storage of cooking utensils.
- MULTIPLE-FAMILY DWELLING
- A dwelling or portion thereof containing three (3) or more dwelling units.
- OCCUPANT
- Any person including owner or operator living, sleeping, cooking and eating in a dwelling unit.
- OPERATOR
- The owner or his/her agent who has charge, care, control or management of a building or part thereof in which dwelling unit or rooming units are let.
- OWNER
- Any person, partnership, firm or corporation 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. Any such person representing the actual owner shall be bound to comply with the provisions of this Chapter to the same extent as the owner.
- PERMISSIBLE OCCUPANCY
- The maximum number of persons permitted by State law or City ordinance to reside in a dwelling unit or rooming unit.
- PERSON
- An individual, firm, partnership, association, limited liability corporation, limited liability company, corporation or joint venture or organization of any kind.
- PLUMBING
- All of the following supplied facilities and equipment in a dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closet, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines.
- PREMISES
- A platted lot or part thereof or unplatted parcel of land, either occupied or unoccupied by any dwelling or non-dwelling structure, including such building, accessory structure or other structure thereon.
- PUBLIC HALL
- A hall, corridor or passageway for providing egress from the dwelling unit to a public way and not within the exclusive control of one (1) family.
- REFUSE
- All putrescible and non-putrescible waste solids including garbage and rubbish.
- RENTAL OR RENTED DWELLING OR DWELLING UNIT
- A dwelling or dwelling unit let or intended to be let for rent or lease, or being sold on contract. Any building used as commercial in combination with residential rental dwelling units.
- REPAIR
- To a sound and acceptable state of operation, serviceability or appearance.
- RODENT HARBORAGE
- Any place where rodents can live, nest or seek shelter.
- ROOMING UNIT
- Any room or group of rooms forming a singe habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes.
- RUBBISH
- Non-putrescible solid waste consisting of both combustible and non-combustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery and similar materials.
- SAFETY
- The condition of being reasonable free from danger and hazards which may cause accidents or disease.
- SUBSTANDARD DWELLING
- Any dwelling which does not conform to the minimum standards established by the City Code.
- SUPPLIED
- Paid for, furnished by, provided by or under the control of the owner, operator or agent.
|
Meaning of certain words — whenever the words "dwelling",
"dwelling unit", "premises" or "structure" are used in this Section,
they shall be construed as though they were followed by the words
"or any part thereof".
|
[R.O. 2008 §520.130; Ord. No. 31-2004 §13, 11-8-2004]
A.
The following
requirements shall apply to permits:
1.
No person
shall rent any building or mobile home to any person for dwelling
purposes without obtaining a permit and paying the fee required by
this Section. A permit must be renewed every other year and/or when
ownership changes.
2.
Applications
shall be made to the Building Inspector. Each applicant shall provide
the name and address of the applicant. If the applicant is a corporation,
the application shall name the principal officers. The applicant shall
provide the address and apartment number, if any.
3.
The fee for such permit is shown in Section 520.080. The Inspector shall inspect each unit before a permit is issued.
4.
If the
required permit fee has been paid, and the dwelling unit to be covered
by the permit has been inspected and it does not appear that any violation
of this Chapter or of any other applicable State law or City ordinance
or of any other applicable State law or City ordinance exists, the
Inspector shall issue the permit.
[Ord. No. 01-2014 §1, 1-13-2014]
A.
Any person, firm or corporation who shall knowingly violate the provisions of Section 520.120 of this Code shall be guilty of a misdemeanor and upon conviction for such offense shall be fined in an amount not to exceed five hundred dollars ($500) for each offense.
B.
Each
day of violation shall be considered a separate offense.
[R.O. 2008 §520.140; Ord. No. 31-2004 §14, 11-8-2004]
A.
No owner
or other person shall occupy or let another person inhabit any dwelling,
dwelling unit or rooming unit unless it and the premises are clean,
sanitary, fit for human occupancy, and comply with all applicable
legal requirements of the State and the City, including the following
requirements:
1.
Maintenance of shared or public areas. Every owner of a
dwelling containing two (2) or more dwelling units shall maintain
in a clean and sanitary condition the shared or public areas of the
dwelling and premises thereof, provided however, a tenant or tenants
may assume that responsibility.
2.
Maintenance of occupied areas. Every occupant of a dwelling,
dwelling unit or rooming unit shall maintain in a clean and sanitary
condition that part or those parts of the dwelling, dwelling unit
and premises thereof that he/she occupies and controls.
3.
Maintenance of yards. Outside storage for dwelling units
or rooming houses shall be limited to equipment and materials for
the care and maintenance of lawns and gardens, except as specifically
provided in the Zoning Code.
4.
Pest extermination. Every owner of a dwelling or dwellings
shall be responsible for the extermination of vermin and rodents on
the premises. No occupant of a dwelling or dwelling unit shall accumulate
fire wood, rubbish, boxes, lumber, scrap metal, or any other materials
in such manner that may provide a rodent harborage in or about any
dwelling or dwelling unit. Stored materials shall be stacked neatly
and safely.
5.
Sanitary fixtures and appliances. Every occupant of a dwelling
unit shall keep all supplied fixtures and facilities therein in a
clean and sanitary condition and shall be responsible for the exercise
of reasonable care in the proper use and operation thereof.
6.
Minimum exterior lighting. The owner of a multiple-family
dwelling or dwellings shall be responsible for providing and maintaining
effective illumination near the entrances of the dwelling.
7.
Minimum standards for basic equipment and facilities. No
person shall occupy as owner, occupant or let to another for occupancy
any dwelling or dwelling unit, for the purpose of living, sleeping,
cooking or eating therein, which does not comply with the following
requirements:
a.
Every
dwelling unit shall have a space in which food may be prepared and
cooked, which shall have adequate circulation area and which shall
be equipped with the following:
b.
A
kitchen sink in good working condition, connected to an approved water
supply including hot and cold water and also connected to an approved
sewer system.
c.
Cabinets
or shelves for the storage of eating, drinking and cooking equipment
and utensils.
d.
Adequate
space and hookups shall be provided for a stove or similar device
for cooking food and a refrigerator, or similar device.
8.
Access. Access to or egress from each dwelling unit shall
be provided without passing through any other dwelling or dwelling
unit.
9.
Facilities to function. Every supplied facility and every
piece of equipment or utility and every chimney and flue shall be
installed and shall be maintained so that it works effectively and
safely.
10.
Property Maintenance Code. All provisions as stated in the
Property Maintenance Code as adopted by the City of Louisiana. If
any provisions in the Property Maintenance Code shall conflict with
any provisions in this Chapter, the more stringent provision shall
apply.
11.
One (1) family per dwelling unit. Not more than one (1)
family, except for temporary guests, shall occupy a dwelling unit.
[R.O. 2008 §520.150; Ord. No. 31-2004 §15, 11-8-2004]
A.
The Inspector,
as defined, shall enforce the provisions of this Chapter and is thereby
authorized to make inspections on a scheduled basis or when reason
exists to believe that violation of this Chapter has been or is being
committed.
B.
Inspection Access. If any owner or other person in charge
of a dwelling or a dwelling unit fails or refuses to permit free access
and entry to the structure or premises under his/her control for any
inspection pursuant to this Chapter, the Inspector may seek a search
warrant or other appropriate court order authorizing such inspections.
[R.O. 2008 §520.160; Ord. No. 31-2004 §16, 11-8-2004]
A.
Whenever
the Inspector determines that any dwelling, dwelling unit or rooming
unit, or the premises surrounding any of these fails to meet the requirements
set forth in this Chapter, he/she shall issue a notice setting forth
the alleged failure and advising the owner, occupant, operator or
agent that such failure must be corrected. This notice shall:
1.
Be in
writing;
2.
Set
forth the alleged violations of this Chapter;
3.
Describe
the dwelling, dwelling unit or rooming unit or other premises where
the violations are alleged to exist or to have been committed;
4.
Provide
a reasonable time, not to exceed sixty (60) days, for the correction
of any alleged violations, except up to one hundred twenty (120) days
may be allowed for the initial original inspection for the correction
of any alleged violations, and
5.
Be served
on the owner, occupant, operator and/or agent of the dwelling, dwelling
unit or rooming unit personally or by certified mail addressed to
the last known place of residence of the owner, operator, or agent.
If upon a diligent effort to locate the owner, occupant, operator
or agent, none can be found, notice may be posted on or near the dwelling,
dwelling unit, rooming unit or premises described in the notice.
B.
Repairs And Corrective Action. Whenever an owner, operator,
agent of a dwelling, dwelling unit or rooming unit neglects or refuses
to make repairs or take other corrective action called for by order
or notice of violation issued by a compliance official, the City may
undertake such repairs or action when, in its judgment, the failure
to do so will substantially endanger the public health, safety or
welfare. The cost of such repairs and actions shall be charged to
the person or persons required to make such repairs.
[R.O. 2008 §520.170; Ord. No. 31-2004 §17, 11-8-2004]
The owner, operator or agent of a dwelling, dwelling unit or
rooming unit, which has been declared unfit for human habitation or
which is otherwise vacant for a period of thirty (30) days or more,
shall make it safe and secure so that it is not hazardous to the health,
safety or welfare of the public and does not constitute a public nuisance.
Any vacant dwelling, dwelling unit or rooming unit with open and unguarded
doors or windows shall be deemed to be a hazard to the health, safety
or welfare of the public and a public nuisance within the meaning
of this Section.
[R.O. 2008 §520.180; Ord. No. 31-2004 §18, 11-8-2004]
All complaints shall be made to the office of the Building Inspector
in writing on forms provided by that office. A twenty dollar ($20.00)
reinspection fee is required at the time of complaint by the person(s)
filing the complaint. If the situation is resolved without an inspector
having to review the property, the twenty dollar ($20.00) fee will
be refunded.
[R.O. 2008 §520.190; Ord. No. 31-2004 §19, 11-8-2004]
Any person aggrieved by any decision of any inspector from the
City may appeal the decision to the Building Inspector. No formalities
shall be required, but a written note or letter shall be provided
by the person making the appeal informing the Building Inspector of
the action taken by the City employee and the change requested.
[R.O. 2008 §520.200; Ord. No. 31-2004 §20, 11-8-2004]
Any violation of this Chapter is hereby declared to be a nuisance.
In addition to any other relief provided by this Chapter, the City
Attorney may apply to a court of competent jurisdiction for an injunction
to prohibit the continuation of any violation of this Chapter. Such
application for relief may include seeking a temporary restraining
order, temporary injunction or permanent injunction.
