[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.Â
BUILDING
CITY
DWELLING
DWELLING UNIT
LEASE
MUNICIPAL CODE
OPERATOR
OWNER
1.Â
2.Â
PERSON
PREMISES
PROGRAM
PROPERTY AGENT
RENT or RENTAL
RESIDENTIAL RENTAL PROPERTY
TENANT
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:
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.
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.
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.
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.
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.
The Code of Ordinances of the City of Woodson Terrace, Missouri
adopted ______________, 2014, as amended.
Any person who has charge, care or control of premises in
which buildings or dwelling units are rented.
Any person who, alone, jointly or severally with others,
shall have:
Title to any building or dwelling unit with or without accompanying
actual possession thereof; or
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.
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.
The lot, plot or parcel of land, and including the buildings,
structures, and dwelling units thereon.
This Chapter 520 of the Woodson Terrace Municipal Code, commonly known as the "Crime-Free Housing Program."
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.
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.
Any single-family or multiple-family residential building
or dwelling let or intended to be let for rent or lease.
An occupant of leased or rented premises.
B.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
The full legal name, address, and home and work telephone number
of each and every owner of the property.
3.Â
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.Â
The address of the residential rental property.
5.Â
The number of dwelling units within the residential rental property.
6.Â
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.Â
The total square footage of each dwelling unit designated for living
and sleeping purposes.
B.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Intentional misstatement or falsification of any material information
provided on the CFH certificate application.
2.Â
Operation of residential rental property which does not comply with
the provisions of this Code or the other ordinances of the City.
3.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.