[Ord. No. 918 §2, 5-1-2008]
The purpose of the occupancy permit program is to provide for
the health, safety and general welfare of the residents of the City
of New Haven through the establishment of an occupancy permit inspection
program. The program shall monitor the general condition of structures
within the City through the establishment of a regularly scheduled
inspection procedure. At a minimum, the health and safety occupancy
inspection shall review the following areas of potential health and
safety concerns to assure that all necessary utility services are
provided and functioning properly; all HVAC systems are in working
condition; all plumbing fixtures are in proper working condition;
no unsafe electrical hazards exist; the structure is structurally
sound; all windows are in place, unbroken and function properly; plaster
and paint on walls are not peeling or flaking; there is no accumulation
of trash, debris, chemicals or fabric which could pose a fire hazard;
there are no insect or rodent infestations; and the exterior of the
structure meets all property maintenance codes.
[Ord. No. 918 §2, 5-1-2008]
For the purpose of this Section, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
An officer or individual having specific authority to administer
the regulations of the Article.
The commission, attempted commission, conspiracy to commit
or the solicitation, coercion or intimidation of another person to
commit any crime which is chargeable by indictment or information
under Missouri law including, but not limited to:
A single unit providing complete, independent living facilities
for one (1) or more persons including permanent provision for living,
sleeping, eating, cooking and sanitation.
[Ord. No. 918 §2, 5-1-2008]
A.
It
shall be unlawful after the adoption of this Article for any person
to occupy any dwelling unit or structure for any purpose until the
owner or agent for the occupant has applied for a health and safety
occupancy certificate and a certificate has been issued by the City
of New Haven. A certificate shall be valid until such time as an inspection
is required.
B.
The
certificate shall state that the dwelling unit and any adjacent common
area, if applicable, has been inspected and that the same is in compliance
with the provisions of this Article. The certificate shall also state
the name and address of the owner.
C.
It
shall be unlawful for any person to knowingly make any false statement
in an application for a certificate.
D.
By
issuing a health and safety occupancy certificate, the City does not
intend to and does not warrant, insure or guarantee to the holder
thereof, to his/her assignee or to any other person that there are
no violations of any provision of this Chapter or any other ordinance.
The City makes no warranty or representation whatsoever as to the
condition of the unit or building.
[Ord. No. 918 §2, 5-1-2008]
A.
The
City of New Haven is authorized to and may make inspections of structures
and of the dwelling units and adjacent common areas, if any, upon
any change in occupancy thereof after the adoption of this Article.
At the discretion of the Administrative Officer, an inspection upon
a change in occupancy may be waived if it is found that the structure/unit
in question has at least a one (1) year history of compliance with
these regulations and a limited period of time, generally not to exceed
one (1) year, has expired since the previous inspection of said structure/unit.
B.
The
inspections shall be for the purpose of determining whether the dwelling
structure/unit and the adjacent common areas, if any, conform to the
requirements of this Article. Under this Article, common areas shall
not be subject to independent inspection but shall only be inspected
in conjunction with the inspection of an adjacent dwelling unit.
C.
For
the purpose of making the inspection, the Administrative Officer is
authorized to enter, examine and survey the premises by appointment
with the knowledge of the owner and tenant if occupied.
D.
The
inspection shall determine compliance with the basic health and safety
requirements of the Building Code, maximum occupancy of unrelated
persons and the Property Maintenance Code.
E.
If
a violation is found, the owner shall be given a reasonable length
of time to make repairs prior to reinspection. A temporary certificate
shall be issued while repairs are being made, unless a violation renders
the premises unfit for human habitation, as determined in writing
by the City of New Haven.
No final certificate shall be issued until the structure/dwelling
unit and the common area, if applicable, complies or comply with the
requirements of this Article.
F.
For
the purpose of issuing a certificate under this Article, inspections
may also be performed by private inspectors who are not employed by
the City of New Haven. Such inspectors shall hold a current, valid
certification issued by Building Officials and Code Administrators
International, Inc. (BOCA) in its Property Maintenance Code and shall
utilize official inspection forms provided by the City. The City shall
verify all inspection forms submitted by such inspectors. The submission
of a materially false inspection form by a private inspector shall
be a violation of this Chapter and the City may revoke the approval
of any private inspector who fails to comply with any provision of
this Article or who fails to perform accurate inspections.
G.
Appeals
from decisions of the Administrative Officer shall be filed with the
BOCA Board of Appeals. The procedures for appeal and for the meetings,
hearings and decisions of the Board shall be the same as set forth
elsewhere in the Code of Ordinances of the City of New Haven.
[Ord. No. 918 §2, 5-1-2008]
A.
If
a dwelling unit is the site of criminal activity, then the following
procedure shall be used to inspect the dwelling unit and to determine
frequency of reinspections:
1.
The Chief of Police may request the Administrative Officer to inspect
a dwelling unit which was a site of criminal activity to determine
compliance of the property.
2.
The Administrative Officer may immediately inspect the dwelling unit
to determine compliance of the property.
3.
After the initial inspection of a unit, the Chief of Police and Administrative
Officer are authorized to determine whether the premises shall be
reinspected and the Administrative Officer is authorized to reinspect
the premises.
[Ord. No. 956 §7, 1-11-2010]
Penalties for violation of this Article shall be as provided in Section 405.940 of this Chapter.
