[R.O. 1998 § 400.680; CC 1988 App. A
§11.1; Ord. No. 1424 §1, 9-5-1989]
It shall be the duty of the Director
of Public Services to enforce this Chapter. Appeal from the decision
of the Director of Public Services may be made to the Board of Adjustment.
[R.O. 1998 § 400.690; CC 1988 App. A
§11.2; Ord. No. 1424 §1, 9-5-1989]
Each application for a building permit
shall be accompanied by a survey in duplicate in a form and size suitable
for permanent filing and drawn to scale, showing the actual dimensions
of the lot to be built upon, the size, shape, and locations of the
building to be erected, and such other information as may be necessary
to provide for the enforcement of this Chapter. The area shall be
surveyed by a licensed surveyor. A record of the applications and
plats shall be kept in the office of the Director of Public Services.
Survey requirements shall not be applicable to proposed construction
less than twenty-five thousand dollars ($25,000.00).
[R.O. 1998 § 400.700; CC 1988 App. A
§11.3; Ord. No. 1424 §1, 9-5-1989; Ord. No. 2874 §1, 11-4-2013]
A.
Statement Of Purpose. It is the intent
of this Section to secure the public welfare by promoting the orderly
maintenance of property within the City by applying the standards
set forth in the City's Property Maintenance Code and other applicable
ordinances of the City of St. Ann.
B.
Permit Required.
1.
An occupancy permit is required at
any change of ownership, change in tenancy or upon the completion
of construction activity. Permits are not transferable.
2.
A current permit may be amended,
provided the Director of Public Services determines that any change
is consistent with City ordinances.
3.
Thirty-day temporary occupancy permit
amendment may be granted for emergency situations as approved by the
Director of Public Services.
4.
It shall be unlawful for any person,
owner, corporation or agent to occupy or permit the occupancy of any
non-residential structure, multifamily residential or single-family
residential structure in the City without first obtaining an inspection
and occupancy permit. The term "occupancy" shall include the movement
of furniture, equipment or other property into said structure.
a.
If occupancy has occurred without
an inspection of such premises, the fees for such inspection shall
be increased by 50% over the standard application fee.
b.
If occupancy has occurred without
a permit being granted, the fees for such permit shall be increased
by 50% over the standard application fee.
C.
Application; Making False Statements Prohibited.
It shall be unlawful for any person to knowingly make any false statement
on an application for an occupancy permit.
D.
Same Inspections; Notices; Issuance Of
Permit.
1.
The Director of Public Services shall
receive all applications for occupancy permits, and shall, at his
or her discretion, make or cause to be made an inspection of the structure.
Application for an occupancy inspection shall be made by the owner
or agent on forms supplied by the City. All applicants for an occupancy
inspection must be current on their St. Louis County property taxes
for the property that they are requesting to be inspected. The occupancy
permit shall be applied for by and issued to the buyer, tenant or
designee. The applicant shall provide proof of identification and
contact information for the buyer or the tenant, and shall provide
proof of identification for all proposed occupants of the household,
and photo identification for all proposed occupants of the household
aged sixteen (16) years and older. Photo identification may be made
by those instruments listed on the occupancy permit packet. Additional
forms of identification may be approved by the Director of Public
Services.
2.
All fees for non-residential structures,
multifamily dwellings and single-family dwellings shall be paid at
the time of application.
3.
If the Director of Public Services
finds that the structure does not meet the requirements of the Property
Maintenance Code adopted by the City or any other applicable standards
adopted by ordinance, he or she shall notify the owner or agent of
such deficiencies in writing, informing him that the structure may
not be occupied until the deficiencies are corrected.
4.
When the Director of Public Services
finds that the structure does comply with the Property Maintenance
Code most recently adopted by the City or other applicable standards,
he or she shall issue an occupancy permit upon complete submittal
of request for permit.
E.
Occupancy Of Non-Residential Structures.
1.
Persons requesting certificates of
occupancy for non-residential structures shall be required to submit
an application for a business license.
2.
The Director of Public Services is
authorized to permit occupancy of non-residential structures on a
conditional basis, for a term not to exceed one hundred twenty (120)
days, when serious hardships interfere with completing all repairs
required to bring the property and/or structure into full compliance
with the Property Maintenance Code or the applicable building codes
prior to occupancy. Only the Director of Public Services may extend
the expiration date of a conditional occupancy permit if, in his or
her opinion, the progress of repairs to date so warrant. However,
no conditional permit may be extended for more than an additional
ninety (90) days. No conditional permit shall be issued for a property
and/or structures where a condition exists which could threaten the
health or safety of the occupant(s) or the general public.
F.
Permit Invalid; When. Any occupancy permit
shall become invalid if reoccupancy is not commenced within ninety
(90) days after it is issued. The Director of Public Services is authorized
to grant an extension of this period of up to an additional thirty
(30) days when, in his or her opinion, an extension is warranted and
provided also that an application for such extension is received within
ninety (90) days of the issuance of the original permit.
G.
Fees.
1.
Inspection fees shall be as follows:
a.
Single-family dwellings, which shall
include up to two (2) inspections: fifty dollars ($50.00).
b.
Multifamily dwellings, which shall
include up to two (2) inspections: fifty dollars ($50.00).
c.
Non-resident structures, which shall
include up to two (2) inspections: five dollars ($5.00) per one thousand
(1,000) square feet; minimum of one hundred dollars ($100.00).
d.
Additional residential and multifamily
inspections: forty dollars ($40.00) each.
e.
Additional non-residential inspections:
sixty dollars ($60.00) each.
H.
Administrative Appeals. Any person or corporation who feels that an error has been made in an inspection performed by the City may request a review by the Director of Public Services. There shall be no additional cost to file said appeal. Upon determination by the Director of Public Services all further appeals shall be heard by the Board of Adjustment pursuant to Article XVII of the Zoning Ordinance.
I.
Permits Not A Warranty. In issuing an occupancy
permit, the City does not intend to, nor does it warrant, insure or
guarantee to the holder thereof, to his or her assignee or to any
other interested person, that there are no violations of any provision
of this or any other ordinance. The City makes no warranty or representation,
whatsoever, as to the condition of any building.
A.
In case any building or structure is erected,
constructed, reconstructed, altered, converted or maintained, or any
building, structure or land is used in violation of Sections 89.010
to 89.140, RSMo., or of any ordinance or other regulation made under
authority conferred hereby, or in case of any violation of Sections
89.300 to 89.490, RSMo., or of any ordinance or other regulation made
under authority conferred thereby, the proper local authorities of
the municipality, in addition to other remedies, may institute any
appropriate action or proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, conversion, maintenance
or use, to restrain, correct, or abate such violation, to prevent
the occupancy of such building, structure, or land, or to prevent
any illegal act, conduct, business, or use in or about such premises.
Such regulations shall be enforced by an officer empowered to cause
any building, structure, place or premises to be inspected and examined
and to order in writing the remedying of any condition found to exist
therein or thereat in violation of any provision of the regulations
made pursuant to the authority of Sections 89.010 to 89.140 and Sections
89.300 to 89.490, RSMo.
B.
The owner or general agent of a building
or premises where a violation of any provision of said regulations
has been committed or shall exist, or the lessee or tenant of an entire
building or entire premises where such violation has been committed
or shall exist, or the owner, general agent, lessee or tenant of any
part of the building or premises in which such violation has been
committed or shall exist, or the general agent, architect, builder,
contractor or any other person who commits, takes part or assists
in any such violation or who maintains any building or premises in
which any such violation shall exist shall be guilty of an ordinance
violation punishable as follows:
1.
The maximum fine and court costs that can be imposed for such violation
shall be:
a.
For the first violation within any 12-month period of time: two hundred
dollars ($200.00).
b.
For the second violation within any 12-month period of time: two
hundred seventy-five dollars ($275.00).
c.
For the third violation within any 12-month period of time: three
hundred fifty dollars ($350.00).
d.
For the fourth and any subsequent violation within any 12-month period
of time: four hundred fifty dollars ($450.00).
2.
Court costs shall be assessed against such person unless the court
finds that the defendant is indigent.
C.
Any
such person who having been served with an order to remove any such
violation shall fail to comply with such order within ten (10) days
after such service or shall continue to violate any provision of the
regulations made under authority of Sections 89.010 to 89.140, RSMo.,
in the respect named in such order shall also be subject to a civil
penalty of two hundred fifty dollars ($250.00).
[R.O. 1998 § 400.720]
Wherever the regulations of this
Chapter require a greater width or size of yards, courts, or other
open spaces, or require a lower height of building or less number
of stories, or require a greater percentage of lot to be left unoccupied,
or impose other higher standards than are required in any other statute
or local ordinance or regulation, the provisions of this Chapter shall
govern. Wherever the provisions of any other statute or local ordinance
or regulation require a greater width or size of yards, courts, or
other open spaces, or require a lower height of building or a less
number of stories, or require a greater percentage of lot to be left
unoccupied, or impose other higher standards than are required by
this Chapter, the provisions of such statute or local ordinance or
regulation shall govern.
[R.O. 1998 § 400.730; CC 1988 App. A
§11.6; Ord. No. 1424 §1, 9-5-1989]
Anyone who either as owner, contractor,
agent, employee or otherwise erects, constructs, reconstructs, alters,
converts or maintains any building or structure or uses land in violation
of this Chapter or other regulation made under authority of this Chapter,
may be restrained by appropriate action or proceedings from such unlawful
erection, construction, reconstruction, alteration, conversion, maintenance
or use, or may be made to correct or abate such violation, and the
Director of Public Services is hereby empowered to cause any building,
structure, place or premises to be inspected or examined and to order
in writing the remedying of any condition found to exist therein or
thereat in violation of any provisions of this Chapter or the regulations
made under authority of this Chapter.
