City of Woodson Terrace, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 1856 §1, 11-21-2013]
This Chapter 520, and the entire contents thereof, as amended, shall be commonly known as the "Crime-Free Housing Program" of the City of Woodson Terrace, Missouri.
[Ord. No. 1856 §1, 11-21-2013]
This Program shall apply to all residential buildings or dwellings made available for rent or lease in the City.
[Ord. No. 1856 §1, 11-21-2013]
A. 
Generally. The following words, terms and phrases, when used in this Code, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
BUILDING
Any residential structure, dwelling unit or accessory building, which is built for the support, enclosure, shelter, or protection of persons, animals, chattels, or movable property of any kind and which is affixed to the land, including mobile homes and trailers.
CITY
The City of Woodson Terrace, Missouri, or as appropriate, its employees, officers, agents, consultant, or contractors acting under and within the scope of authority of the City to carry out and enforce the provisions of this Code.
DWELLING
A room or suite of rooms arranged, intended or designed as a place of residence; or any building which is designed, built, leased, rented, let, or hired to be occupied, or which is occupied as a home or residence; or a building designed exclusively for residential occupancy, including one-family, two-family, and multiple-family dwellings, boardinghouses and lodging houses, mobile homes, and trailers. Hotels, motels, nursing homes, travel trailers and recreational vehicles shall not be considered dwellings.
DWELLING UNIT
A group of rooms or a room occupied or intended for occupancy as separate living quarters, and may encompass permanent provisions for sleeping, eating, cooking, and sanitation.
LEASE
Offering a building or dwelling unit for use or occupation for a definite period of time in exchange for remuneration, whether it be for money, property, or any other form of payment.
MUNICIPAL CODE
The Code of Ordinances of the City of Woodson Terrace, Missouri adopted ______________, 2014, as amended.
OPERATOR
Any person who has charge, care or control of premises in which buildings or dwelling units are rented.
OWNER
Any person who, alone, jointly or severally with others, shall have:
1. 
Title to any building or dwelling unit with or without accompanying actual possession thereof; or
2. 
Charge, care or control of any building or dwelling unit as owner or agent of the owner, contract purchaser, or as executor, administrator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with this Code and the rules and regulations adopted pursuant thereto to the same extent as if he were the owner.
PERSON
Any natural person; firm; joint venture, including all participants; partnership, including all partners; association, social club, or fraternal organization, including all officers and directors; corporation, including all officers, directors and significant stockholders; estate; trust; business trust; receiver; or any other group or combination acting as a unit.
PREMISES
The lot, plot or parcel of land, and including the buildings, structures, and dwelling units thereon.
PROGRAM
This Chapter 520 of the Woodson Terrace Municipal Code, commonly known as the "Crime-Free Housing Program."
PROPERTY AGENT
A person, operator, firm, partnership, corporation, or other legal entity designated by the owner to manage a residential rental property, including the authority to receive notices or citations.
RENT or RENTAL
Offering a building or dwelling for use or occupation in exchange for remuneration, whether it is for money, property, or any other form of payment, and is typically for a relatively short period of time that is automatically renewed periodically.
RESIDENTIAL RENTAL PROPERTY
Any single-family or multiple-family residential building or dwelling let or intended to be let for rent or lease.
TENANT
An occupant of leased or rented premises.
B. 
Meaning of certain words. Whenever the words "building," "accessory building," "dwelling unit," "premises," and "property" are used in this Code, they shall be construed as though they were followed by the words "or any part thereof."
[Ord. No. 1856 §1, 11-21-2013]
A. 
The City of Woodson Terrace shall promulgate literature and description of the Crime-Free Housing Program for owners and property agents who voluntarily join the Program. The Program costs shall be free for owners and property managers signed up within one year after this Chapter becomes effective. After one year, the costs for joining the Program shall be twenty-five dollars ($25.00).
B. 
Participants of the Program agree not to rent, lease, conduct, keep, manage, operate, or own a residential rental building or dwelling without first having obtained a crime-free housing ("CFH") certificate from the City.
C. 
Participants agree that they shall not rent or lease a residential building or any dwelling unless a CFH certificate or temporary certificate is in effect for such property, as provided by this Code, and remains unsuspended, unrevoked, and unexpired.
[Ord. No. 1856 §1, 11-21-2013]
A. 
Applications for the original CFH certificates shall be made to the City and shall be filed at least fifteen (15) days prior to the issuance of a certificate. Applications shall be on forms provided by the City and may at a minimum include the following:
1. 
The name and address of the applicant if an individual, and if a firm, partnership, or association, of every member thereof, and in the case of a corporation, the name and address thereof and of its officers and its registered agent, and in the case of a unit of local government, State, or Federal agency, the name and address of its chief executive officer or other official responsible for operation of the residential rental property.
2. 
The full legal name, address, and home and work telephone number of each and every owner of the property.
3. 
The name, address, and telephone number of the property agent and any other person or persons under whose management or supervision the residential rental property will be operated.
4. 
The address of the residential rental property.
5. 
The number of dwelling units within the residential rental property.
6. 
Whenever there is a change in the ownership of a residential rental property or the owner's property agent, the owners shall, within thirty (30) days of such changes, file an updated written notice with the City indicating such changes.
7. 
The total square footage of each dwelling unit designated for living and sleeping purposes.
B. 
Written application for renewal of a CFH certificate issued under this Chapter shall be made to the City. Said application shall be filed at least thirty (30) days prior to the expiration of the current certificate upon forms furnished by the City. Failure to file for renewal of certificate at least thirty (30) days prior to expiration of the current CFH certificate may result in forfeiture of the original certificate.
[Ord. No. 1856 §1, 11-21-2013]
Approval must be obtained from the City prior to any change being made in the number of or configuration of any dwelling units within a certified property. Application for such change shall be made on a form provided by the City. The City will review the proposed change for compliance with the zoning, building code, and other relevant ordinances and respond to the property owner within 30 days of the filing of the application. The property owners shall also comply with all other ordinances of the City, including the obtaining of necessary permits.
[Ord. No. 1856 §1, 11-21-2013]
A. 
Every CFH certificate issued under this Code shall be granted for a period of not to exceed one year and shall be renewed annually to remain in effect.
B. 
All applications shall be due, and CFH certificate fees, if applicable, shall be payable on the date the residential rental property begins to operate and thereafter by the year beginning the next certificate term for that property.
C. 
All persons applying for a CFH certificate to operate a residential rental property shall submit proof that they have successfully completed a mandatory crime-free housing seminar, administered by the Woodson Terrace Police Department, prior to issuance of the certificate. The seminar may be attended after submittal of the application, and the CFH certificate may be issued after successful completion, as provided for in this Code.
D. 
All persons applying for a CFH certificate to operate a residential rental property within the City shall submit an affidavit stating that for all leases commencing after the effective date of this Chapter, they will utilize a crime-free lease addendum or have a clause in all leases substantially the same as a crime-free lease addendum, as further related in this Code.
[Ord. No. 1856 §1, 11-21-2013]
Each CFH certificate shall be issued only for the premises and the persons named in the application and shall not be transferable or assignable in any manner.
[Ord. No. 1856 §1, 11-21-2013]
A. 
After a determination of approval by the City has been made, a CFH certificate should be issued to the applicant, and the certificate shall be posted in a conspicuous place in the premises for which it applies.
B. 
After a determination that a certificate or renewal shall not be issued under this Chapter, the applicant shall be notified in writing setting forth specifically the grounds for denial.
[Ord. No. 1856 §1, 11-21-2013]
A. 
In addition to any other penalty provided herein, upon a determination that there exists probable cause, the City shall revoke the CFH certificate of any holder for repeated violations of the provisions of this Code. Such volatile acts or omissions include, but are not limited to, the following:
1. 
Intentional misstatement or falsification of any material information provided on the CFH certificate application.
2. 
Operation of residential rental property which does not comply with the provisions of this Code or the other ordinances of the City.
3. 
Knowingly conducting, maintaining, or allowing to exist conditions or activities upon the premises which are unlawful or which constitute or may constitute a public nuisance, a breach of the peace, or which are a menace to the health, safety or general welfare of the public.
[Ord. No. 1856 §1, 11-21-2013]
A. 
Any owner or his or her property agent entering into leases regarding residential rental property upon or after the effective date of this Chapter shall utilize a crime-free lease addendum or have a clause in the lease substantially the same as a crime-free lease addendum. Samples of crime-free lease addendums shall be available at no cost from the City. The crime-free lease addendums shall make criminal activity a lease violation and shall specify that criminal activity shall include, but is not limited to, violent criminal activity or drug-related criminal activity engaged in, facilitated by, or permitted by the tenant, a member of the household, guest or other party under the control of the tenant.
B. 
Failure to include a crime-free lease addendum or similar approved language may result in suspension or revocation of the CFH certificate to rent property within the City.
[Ord. No. 1856 §1, 11-21-2013]
A. 
As scheduled from time to time by the City, any owner of residential rental property or residential property within the City, or his or her property agent, shall attend and complete a City of Woodson Terrace Crime-Free Housing Program Seminar prior to being issued a new or renewed CFH certificate pursuant to this Code.
B. 
In the event a Crime-Free Housing Program seminar is not available prior to obtaining a CFH certificate, a temporary certificate may be issued subject to the owner or property agent attending the Program seminar within three (3) months of issuance of the temporary certificate. In the event the seminar is not attended within three months, the temporary certificate shall be void without any need of further action. After the seminar is attended, a certificate shall be issued for the balance of the term.
C. 
A property agent shall be considered an agent of the owner. If a new property agent is hired, the new agent shall have three (3) months after hiring to attend the City of Woodson Terrace Crime-Free Housing Program seminar.
D. 
An owner, agent or designee shall attend the City of Woodson Terrace Crime-Free Housing Program seminar every three (3) years.
[Ord. No. 1856 §1, 11-21-2013]
A. 
It is hereby declared a public nuisance and against the health, peace and comfort of the City for any property owner, property agent or manager to knowingly allow or permit, or for any tenant to knowingly or constructively allow or permit, the following:
1. 
Rental, lease, or use of a dwelling unit to or by a tenant who commits him- or herself, or allows any of the following offenses to be committed by a member of the tenant's household, guest or other party under control of the tenant: murder, kidnapping, aggravated kidnapping, prostitution, solicitation of prostitution, pandering, obscenity, child pornography, harmful materials, sale of obscene publication, criminal housing management, possession of explosives, unlawful use of weapons, sale of firearms, gambling, keeping a gambling place, concealing a fugitive, any violation of the Missouri Controlled Substances Act,[1] or the commission of any two (2) or more other felony crimes under the laws of the State of Missouri or United States, not otherwise listed above.
[1]
Editor's Note: See Ch. 195, RSMo.
B. 
In addition to and concurrent with any other remedies available to it, the City may abate public nuisances in accordance with the Missouri State Statutes and/or the Woodson Terrace Municipal Code.
[Ord. No. 1856 §1, 11-21-2013]
The Economic Development Director is authorized to adopt such forms and policies as may be necessary for the proper enforcement of this Code, provided that such forms and policies shall not be in conflict with this Code.
[Ord. No. 1856 §1, 11-21-2013]
All application, inspection, or other fees relating to this Chapter, if any, shall be as provided for in the Municipal Code, as may be amended.
[Ord. No. 1856 §1, 11-21-2013]
Any person who shall violate any of the provisions of this Code or shall fail to comply with any lawful order issued pursuant to any Section of this Code, upon conviction therefor, shall be punished in accordance with the general penalty[1] for violations of ordinances of the City. Each day that such violation or failure to comply continues after issuance of notice by the City shall constitute a separate offense.
[1]
Editor's Note: See Section 100.220, General Penalty.