[R.O. 1998 § 510.140; CC 1988 §12-16; Ord. No. 618 §1(1-1), 7-6-1970]
The following words, terms and phrases,
when used in this Article, shall have the meanings ascribed to them
in this Section, except where the context clearly indicates a different
meaning. Whenever the words "dwelling," "dwelling unit," "rooming
house, "rooming unit," "premises" are used, they shall be construed
as though they were followed by the words "or any part thereof."
A detached structure subordinate to the main or principal
structure and located on the same lot, the use of which is customary
to the main building.
A story partly or wholly underground where more than one-half
(1/2) of its height is above the established curb level and above
the average level of the adjoining ground.
A room containing bathing and sanitary facilities provided
within each living unit consisting of a water closet, a tub, or shower
and a lavatory; a bathroom shall afford complete privacy.
The condition or appearance of a building or part thereof,
characterized by breaks, holes, rot, crumbling, cracking, peeling,
rusting or other evidence of physical decay or neglect, excessive
use or lack of maintenance.
One (1) or more rooms in a building designed for occupancy
by one (1) family for living purposes and having its own permanently
installed cooking and sanitary facilities.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poisoning,
spraying, fumigating, trapping; or by any other recognized and legal
pest elimination methods approved by the County Health Commissioner.
An individual or married couple and the children thereof
and no more than two (2) other persons related directly to the individual
or married couple by blood or marriage, or a group of not more than
three (3) persons (excluding servants) not related by blood or marriage,
living together as a single housekeeping unit in a dwelling unit.
An independent structure forming a barrier at a grade between
lots, between a lot and a street or an alley, or between portions
of a lot or lots. A barrier includes a wall or lattice work screen
but excludes a hedge or natural growth, or a barrier less than eighteen
(18) inches in height which is used to protect plant growth. "Fences"
shall be classified, according to the general form of construction,
as follows:
Open mesh, having more than seventy-five
percent (75%) of the vertical surface area open;
Thirty percent (30%) open; having
at least thirty percent (30%) but less than seventy-five percent (75%)
of the vertical surface area open;
Opaque; having less than thirty percent
(30%) of the vertical surface area open.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Any structure or part thereof that shall be used as a home
or place of abode by one (1) or more persons.
Every room in any building in which persons sleep, eat or
carry on their usual domestic or social vocations or avocations. It
shall not include private laundries, bathrooms, toilet rooms, pantries,
storerooms, corridors, rooms for mechanical equipment for service
in the building, or other similar spaces not used by persons frequently
or during extended periods.
A kitchen is a space of not less than fifty (50) square feet,
which contains a sink with counter working space, adequate space for
installing cooking and refrigeration equipment and for the storage
of cooking utensils.
A building or portion thereof designed or altered for occupancy
by three (3) or more families living independently of each other.
Any person (including owner or operator) living and sleeping
in a dwelling unit or having actual possession of the dwelling or
rooming unit.
Any person who has charge, care or control of a building,
or part thereof, in which dwelling units or rooming units are let.
The temperature fifteen degrees Fahrenheit (15° F.) above
the lowest recorded temperature for the previous ten-year period.
Any person 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, and such person shall be bound to comply
with the provisions of this Article to the same extent as the owner.
A corporation, firm, partnership, association, organization
and any other group acting as a unit as well as individuals. It shall
also include an executor, administrator, trustee, receiver or other
representative appointed according to law. Whenever the word "person"
is used in any Section prescribing a penalty or fine, as to partnerships
or associations, the word shall include the officers, agents or members
thereof who are responsible for any violation of such Section.
All of the following facilities and equipment:
Gas pipes, gas-burning equipment, water pipes, steam pipes,
garbage disposal units, waste pipes, toilets, sinks, installed dishwashers,
lavatories, bathtubs, shower baths, installed clothes-washing machines,
catch basins, drains, vents, and any other similar fixtures, together
with all connections to water, sewer or gas lines.
Any material furnished, supplied, paid for or under the control
of the owner.
A hall, corridor or passageway for egress from a dwelling
not within the exclusive control of one (1) family.
To restore to a sound and acceptable state of operation,
serviceability or appearance. Repairs shall be expected to last approximately
as long as would the replacement by new items.
To remove an existing item or portion of a system and to
construct or install a new item of similar or improved quality as
the existing item when new. Replacement will ordinarily take place
when the item is incapable of repair.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking
or eating purposes.
Non-putrescible solid wastes (excluding ashes) consisting
of both combustible and non-combustible wastes, such as paper, cardboard,
tin cans, yard clippings, wood, glass, bedding, crockery and similar
materials.
Anything constructed or erected which requires location on
the ground or is attached to something having location on the ground,
including a fence or freestanding wall. A sign, billboard or other
advertising medium, detached or projecting, shall be construed to
be a structure.
All buildings used for purposes of human habitation which
do not conform to the minimum standards established by this Article
and by any other provision of this Code or other ordinances.
Paid for, furnished or provided by or under the control of
the owner or operator.
Any tent, trailer or other structure used for human shelter
which is designed to be transportable and which is not attached to
the ground, to another structure or to any utilities system on the
same premises for more than thirty (30) consecutive days.
An open space at grade on the same lot as a building or structure
located between the main building and the adjoining lot line and/or
street line. The measurement of a yard shall be the minimum horizontal
distance between the lot line and the building or structure.
[R.O. 1998 § 515.020; CC 1988 §12-17; Ord. No. 618 §1(1-2), 7-6-1970]
A.Â
The general purpose of this Article is
to protect the public health, safety, comfort, morals and general
welfare of the people of the City. These general objectives include,
among others, the following specific purposes:
1.Â
To protect the character and stability
of residential areas within the City;
2.Â
To provide minimum standards for
cooking, heating and sanitary equipment necessary to the health and
safety of occupants of buildings;
3.Â
To provide facilities for light and
ventilation necessary to health and safety;
4.Â
To prevent additions or alterations
to existing dwellings that would be injurious to the life, health,
safety or general welfare of the occupants of such dwellings or neighboring
properties;
5.Â
To prevent the overcrowding of dwellings
by providing minimum space standards per occupant of each dwelling
unit;
6.Â
To provide minimum standards for
the maintenance of existing residential buildings, and to thus prohibit
the spread of slums and blight;
7.Â
To thus preserve the taxable value
of land and buildings throughout the City.
[R.O. 1998 § 515.030; CC 1988 §12-18; Ord. No. 618 §1(1-3), 7-6-1970]
Every building or its premises used
in whole or in part as a home or residence or as any accessory structure
thereof, of a single family or person and every building used in whole
or in part as a home or residence of two (2) or more persons or families,
living in separate apartments shall conform to the requirements of
this Article, irrespective of the class to which such building may
otherwise belong, and irrespective of when such building may have
been constructed, altered or repaired.
[R.O. 1998 § 515.040; CC 1988 §12-19; Ord. No. 618 §1(1-4), 7-6-1970]
A.Â
This Article establishes minimum standards
for dwelling units and accessory buildings, and does not replace or
modify standards otherwise established for the construction, replacement
or repair of buildings except such as are in conflict with the provisions
of this Article.
B.Â
Any inconsistency or conflict between the
provisions of this Article and any other provision of this Code or
other existing ordinance shall not repeal such provision or ordinance,
but the provisions of this Article shall be cumulative thereto.
[R.O. 1998 § 515.050; CC 1988 §12-20; Ord. No. 618 §1(1-5), 7-6-1970]
A.Â
No room in any basement in an existing
building shall be used for habitable purposes unless such room is
being used for habitable purposes on the effective date of this Article,
July 6, 1970, and the following standards are complied with:
1.Â
Ceiling. The ceiling shall be at
least six (6) feet nine (9) inches high and shall be at least three
(3) feet six (6) inches above the surface or ground outside of or
adjoining the room.
2.Â
Toilet Facilities. There shall be appurtenant to such room, the use of a bathroom, properly vented to the outside air, in compliance with Section 515.180.
3.Â
Window Area. Any new construction
the required minimum window area shall be fifty percent (50%) above
the finished elevation of the adjoining ground.
4.Â
Floor. The floor area shall be waterproof
and damp proof.
5.Â
Drainage. Such room shall be well
drained and dry.
6.Â
Other Requirements. A basement habitable
room or basement dwelling unit shall meet the other requirements of
this Article.
[R.O. 1998 § 515.060; CC 1988 §12-21; Ord. No. 618 §1(1-6), 7-6-1970]
A.Â
Generally. No person shall occupy as owner-occupant
or shall let or hold out to another for occupancy, any dwelling or
family unit for the purpose of living therein which is not safe, clean,
sanitary and fit for human occupancy, and which does not comply with
the particular requirements of this Section.
B.Â
Foundations, Exterior Walls And Roofs.
The foundation, exterior walls and exterior roof shall be substantially
watertight and protected against rodents and shall be kept in sound
condition and repair. The foundation elements shall adequately support
the building at all points. Every exterior wall shall be free of deterioration,
holes, breaks, loose or rotting board or timbers, and any other condition
which might admit rain or dampness to the interior portions of the
walls or to the exterior spaces of the dwelling. The roof shall be
tight and have no defects which admit rain, and roof drainage shall
be adequate to prevent rainwater from causing dampness in the walls.
All cornices, rustications, quoins, moldings, belt courses, lintels,
sills, oriel windows, pediments and similar projections shall be kept
in good repair and free from cracks and defects which make them hazardous
and dangerous.
C.Â
Floors, Interior Walls And Ceilings. Every
floor, interior wall and ceiling shall be adequately protected against
the passage and harborage of vermin and rodents, and shall be kept
in sound condition and good repair. Every floor shall be free of holes
and cracks. Every floor shall be free of loose, warped, protruding
or rotting floorboards. Every interior wall and ceiling shall be free
of holes and large cracks and shall be maintained in a tight, weatherproof
condition. Every interior wall and ceiling shall be free of loose
plaster or other structural material, plaster, paint and all other
surface materials shall be of such character as to be easily cleanable,
and shall be reasonably smooth, clean and tight. Every toilet room
and bathroom floor surface shall be substantially impervious to water
and be capable of being maintained easily in a clean and sanitary
condition.
D.Â
Windows, Doors And Hatchways. Every window,
exterior door and basement hatchway shall be substantially tight,
and shall be kept in sound condition and repair. Every window shall
be fully supplied with windowpanes which are without cracks or holes.
Every window sash shall be in good condition and fit reasonably tight
within its frame. Every window, other than a fixed window, shall be
capable of being easily opened and shall be held in position by window
hardware. Every exterior door, door hinge and door latch shall be
in good condition. Every exterior door when closed shall fit reasonably
well within its frame. Every window, door and frame shall be constructed
and maintained in such relation to the adjacent wall construction
as completely to exclude rain, and substantially to exclude wind from
entering the dwelling. Every basement hatchway shall be so constructed
and maintained as to prevent the entrance of rodents, rain and surface
drainage water into the building.
E.Â
Screens. Screens shall be supplied to the
following extent:
1.Â
Every basement or cellar window which
is openable shall be supplied with a framed heavy wire screen or hardware
cloth of not less than four (4) mesh per inch which fits tightly and
is securely fastened to the frame, or with any other material affording
equivalent protection against the entry of rodents.
2.Â
From April 15 to November 15 of each
year, every door opening directly from any family unit to the outdoors,
except where unit is air-conditioned and every window or other outside
opening used for ventilation purposes, shall be supplied with a screen
of not less than sixteen (16) mesh per inch and every screen door
shall have a self-closing device in good working condition. However,
no such screen shall be required for a family unit on a floor above
the fourth floor, unless required by the Department of Buildings when
unusual circumstances of insect prevalence exist.
F.Â
Stairways And Porches. Every stairway,
inside or outside of the dwelling, and every porch, shall be kept
in safe condition and sound repair. Every flight of stairs and every
porch floor shall be free of deterioration. Every stairwell and every
flight of stairs shall meet the requirements of the appropriate Building
Code adopted by the City.
G.Â
Basements And Cellars. Every basement and
every cellar shall be maintained in a safe and sanitary condition.
Water shall not be permitted to accumulate or stand on the floor.
All sewer connections shall be properly trapped. All cellar and slab
drains shall be covered with grating. Junk, rubbish and waste shall
not be permitted to accumulate to such an extent as to create fire
hazards or to endanger health or safety.
H.Â
Facilities, Equipment And Chimneys. Every
supplied facility, piece of equipment or utility, and every chimney
and chimney flue shall be installed, function effectively as originally
designed and shall be maintained in a safe, sound and sanitary working
condition.
I.Â
Grading And Drainage Of Lots. Every yard,
court, vent passageway, driveway and other portion of the lot on which
the dwelling stands shall be graded and drained so as to prevent the
accumulation of stagnant water on any such surface. Driveways shall
be maintained in good repair and free of safety hazards.
J.Â
Yards. Adequate lawn, ground cover of vegetation,
hedges or bushes shall be provided, equal to at least ten percent
(10%) of the total lot area. All areas which are not covered by vegetation
shall be treated to prevent dust or the blowing or scattering of dust
particles into the air. All trees, bushes or vegetation which overhang
a public entrance shall be properly trimmed to avoid obstruction of
the view and movements of vehicles and pedestrians.
K.Â
Infestation. Each dwelling and all exterior
appurtenances on the premises shall be adequately protected against
rats, mice, termites and other vermin infestation. Building defects
which permit the entrance of rats, mice, termites and other vermin
shall be corrected immediately by the owner. Tenants shall be responsible
for the elimination of rodents and vermin from that part of the premises
under their exclusive control except when more than one (1) unit is
infested at the same time; in this instance, the owner shall be responsible
for elimination of the infestation.
[R.O. 1998 § 515.070; CC 1988 §12-22; Ord. No. 618 §1(1-7), 7-6-1970]
A.Â
No person shall occupy or let to another
for occupancy any dwelling unit for the purpose of living therein
which does not comply with the requirements of this Section.
B.Â
Each dwelling unit shall contain the habitable
rooms and closets that meet the requirements of the currently adopted
Property Maintenance Code, Section 404, Occupancy Limits.
[R.O. 1998 § 515.080; CC 1988 §12-23; Ord. No. 618 §1(1-8), 7-6-1970]
A minimum of five (5) footcandles
of daylight or artificial illumination shall be required at all times
in all public halls. All habitable rooms, passageways and stairways
shall be provided with electric fixtures so that they can be adequately
lighted at night.
[R.O. 1998 § 515.090; CC 1988 §12-24; Ord. No. 618 §1(1-8.1), 7-6-1970]
Every habitable room of every dwelling
unit shall contain separate wall-type convenience outlets at intervals
of not more than twenty (20) feet including door openings, except
in bedrooms where two (2) convenience outlets shall be the required
minimum. All electrical work shall be equivalent to or exceed the
requirements of the St. Louis County Electrical Code: Every bathroom
laundry room, furnace room and public hall shall contain at least
one (1) supplied ceiling or wall-type electric light fixture. Every
such outlet and fixture shall be properly installed, shall be maintained
in good and safe working condition, and shall be connected to the
source of electric power in a safe manner.
[R.O. 1998 § 515.100; CC 1988 §12-24.1; Ord. No. 1701 §1, 8-2-1993]
A.Â
For any month when there is a change of
user of residential electric service (rate 001) or non-residential
user of electric service (rate 043) within the City, AmerenUE shall
notify the Director of Public Services in writing within seven (7)
working days after the end of the month of such changes, indicating
the address and apartment or unit number, the name(s) of the user(s)
for service and address and apartment or unit number in whose name
service is connected or billed.
B.Â
The City shall pay to AmerenUE for the
cost of such service a sum which shall not initially exceed one hundred
fifty dollars ($150.00). Future price increases, if any, shall only
reflect the actual cost incurred by AmerenUE to provide such service.
Payment shall be made to AmerenUE within thirty (30) days of receipt
of the invoice for such service.
[R.O. 1998 § 515.110; CC 1988 §12-25; Ord. No. 618 §1(1-9), 7-6-1970]
A.Â
Every unit shall have heating facilities
which are capable of safely and adequately heating all habitable rooms,
bathrooms and water closet compartments within its walls to a temperature
of at least seventy degrees Fahrenheit (70° F.) when the outside
temperature is zero degrees Fahrenheit (0° F.). Appliances designed
primarily for cooking or water heating purposes shall not be considered
as heating facilities within the meaning of this Section. Portable
heating equipment employing flame and the use of liquid fuels does
not meet the requirements of this Section and is prohibited. The owner
may require that the occupant shall provide the required heating facilities
at the occupant's expense but such agreement or requirement does not
relieve the owner from responsibility for the presence of such heating
equipment for the unit.
B.Â
Every owner, agent and manager of any apartment
house, hotel, rooming house, flat or other building whatsoever who
leases, rents or lets such apartment house, hotel, rooming house,
flat or other building as living quarters on terms, either express
or implied, to furnish heat to the tenants or occupants thereof shall,
and is hereby directed to, maintain during the months of October,
November, December, January, February, March, April and the first
fifteen (15) days of May of each year sufficient heat in the rooms
so occupied as living quarters to produce a temperature of not less
than seventy degrees Fahrenheit (70° F.) during the hours between
6:30 A.M. and 10:30 P.M. of each day, and shall maintain a temperature
of not less than sixty degrees Fahrenheit (60° F.) during the
other hours of the day, except that when the outside temperature drops
below zero degrees Fahrenheit (0° F.) and the heating plant is
operating at its full capacity, a minimum inside temperature of sixty
degrees Fahrenheit (60° F.) shall be maintained at all times,
and it shall be the duty of every janitor, fireman or other employee
who shall assume or engage in employment to operate the furnace or
heating plant of any such apartment house, hotel, rooming house, flat
or other building aforesaid to maintain such heat as aforesaid and
as set out in this Article.
[R.O. 1998 § 515.120; CC 1988 §12-26; Ord. No. 618 §1(1-9.1), 7-6-1970]
Every dwelling shall have supplied
water-heating facilities which are properly installed, are maintained
in safe and good working condition, are properly connected with the
hot water lines required under the provisions of this Article and
are capable of heating water to such a temperature as to permit an
adequate amount of water to be drawn at every required kitchen sink,
lavatory basin, bathtub or shower at a temperature of not less than
one hundred twenty degrees Fahrenheit (120° F.). Such supplied
water-heating facilities shall be capable of meeting the requirements
of this Section when the dwelling or dwelling unit heating facilities
required under the provisions of this Article are not in operation.
[R.O. 1998 § 515.130; CC 1988 §12-27; Ord. No. 618 §1(1-10), 7-6-1970]
A.Â
All habitable rooms, except as otherwise
provided in this Article, shall be provided with a means of transmitting
natural light from outside complying with the following requirements:
1.Â
The required clear glass area shall
not be less than one-tenth (1/10) of the floor area of such room and
not less than ten (10) square feet. The effective area shall be computed
at not more than eighty percent (80%) of the actual area when a required
natural light area:
a.Â
Faces a wall or other obstruction
at a distance of less than ten (10) feet; or
b.Â
Is located below a roof or other
obstruction projecting more than four (4) feet from the face of the
window or other natural light area and the plane from the head to
the outside of such projection forms an angle with the horizontal
of less than forty-five degrees (45°).
2.Â
Whenever a habitable room has natural
light area openings from the room to an enclosed porch, such area
shall not be counted as a required light area unless the enclosed
porch has a natural light area of not less than three (3) times the
required light area opening from the room to the porch.
[R.O. 1998 § 515.140; CC 1988 §12-28; Ord. No. 618 §1(1-11), 7-6-1970]
A.Â
Generally. Every habitable room shall have
a ventilation system adequate for the purpose for which the room is
used. Natural ventilation shall be deemed to be adequate for habitable
rooms when the total area openable to the outside air (by means of
windows, louvers, monitors or other direct openings excluding doors)
is five percent (5%) of the floor area of the habitable room, except
that when:
1.Â
Any portion of the room is more than
sixteen (16) feet from a required opening, the aggregate clear area
of openings shall be not less than six percent (6%).
2.Â
A room has openable areas on two
(2) or more sides thereof, the total openable area shall be at least
four percent (4%) of the total floor area of such room.
3.Â
The openable area faces a wall or
other obstruction at a distance of less than ten (10) feet, the effective
area shall be computed at not more than eighty percent (80%) of the
actual openable area.
4.Â
The openable area opens onto an enclosed
porch, the enclosed porch shall have an openable area of at least
three (3) times the total required area of the openings onto such
porch.
B.Â
Kitchen With Floor Area Of Less Than Seventy Square Feet. A kitchen with a floor area of less than seventy (70) square feet may be without either mechanical or natural ventilation if there is an opening of not less than thirty-two (32) square feet between the kitchen and another room in the same family unit and if the room onto which the kitchen opens has the ventilation requirements of Subsection (A)(1) through (4).
C.Â
Toilet And Bathroom Ventilation. Every
toilet room and bathroom shall have adequate ventilation which may
be either an openable window with an openable area of five percent
(5%) of the floor area, mechanical ventilation in compliance with
the foregoing requirements of this Section, or a gravity vent flue
constructed with incombustible material leading to the roof of the
building or a combination of any of these. The gravity vent shall
be computed at an aggregate clear area of not less than five percent
(5%) of the floor area of the room with a minimum area of at least
one hundred twenty (120) square inches. Gravity vents shall be provided
with a weather cap, directional vane or rotary-type ventilation on
the roof.
[R.O. 1998 § 515.150; CC 1988 §12-29; Ord. No. 618 §1(1-11.1), 7-6-1970]
Every dwelling unit shall have adequate refuse, garbage or rubbish storage facilities as required by Chapter 225 of this Code.
[R.O. 1998 § 515.160; CC 1988 §12-30; Ord. No. 618 §1(1-12), 7-6-1970]
All habitable structures of three
(3) or more stories with dwelling units occupying the third or higher
story shall be provided with two (2) separate usable unobstructed
means of egress for each dwelling unit located above the second story.
The exit facilities from such dwelling units shall lead to a public
thoroughfare, either directly or through a court or yard, and passage
to such exits shall not lead through any other dwelling unit or through
a space that might reasonably be locked by anyone who is not a member
of the household. Dual egress will not be required of structures that
are of full fireproof construction as defined in the Building Code.
[R.O. 1998 § 515.170; CC 1988 §12-31; Ord. No. 618 §1(1-13), 7-6-1970]
A.Â
Every dwelling unit shall contain a kitchen
sink in good repair, free of chips, cracks or other defects which
may be a sanitary hazard, and shall be in working condition, properly
connected to a water and sewer system approved by the Director of
Public Services.
B.Â
Every kitchen sink, lavatory basin, bathtub
or shower required under the provisions of this Article shall be properly
connected with both hot and cold water lines.
[R.O. 1998 § 515.180; CC 1988 §12-32; Ord. No. 618 §1(1-14), 7-6-1970]
Every dwelling unit shall contain
a room which affords privacy to a person within such room and which
is equipped with a flush water closet, a tub or shower, and lavatory
basin in good repair and in working condition, properly connected
to the public water system and to a public or private sewer system;
provided however, that until such sewer connections are available,
septic tanks constructed according to the standards required by the
Health Department, and properly functioning, shall not be construed
as in violation of this Section.
[R.O. 1998 § 515.190; CC 1988 §12-33; Ord. No. 618 §1(1-15), 7-6-1970]
A.Â
Accessory structures shall not obstruct
light and air of doors and windows of any dwelling unit, or obstruct
a safe means of access to any dwelling unit or create fire and safety
hazards or provide rat or vermin harborage. Accessory structures shall
be functional and shall be maintained in a state of good repair and
alignment.
B.Â
All exterior appurtenances or accessory
structures which serve no useful purpose and are in a deteriorated
condition which are not economically repairable shall be removed.
Such structures include porches, terraces, entrance platforms, garages,
driveways, carports, walls, fences and miscellaneous sheds.
[R.O. 1998 § 515.200; CC 1988 §12-34; Ord. No. 618 §1(1-16), 7-6-1970]
The Director of Public Services is
authorized and directed to make inspections to determine whether dwellings,
dwelling units, rooming units, accessory structures and premises located
within this City conform to the requirements of this Article. For
the purpose of making such inspections, the Director of Public Services
is authorized to enter; examine and survey at all reasonable times
all dwellings, dwelling units, rooming units, accessory structures
and premises. The owner or occupant of every dwelling, dwelling unit,
rooming unit, accessory structure and its premises, shall give the
Director of Public Services free access thereto at all reasonable
times for the purpose of such inspection examination and survey. If
the owner or occupant shall refuse access to any premises, then the
Director of Public Services or his/her delegated representative shall
have authority to enter any of such premises after written notice
has been given to the owner or occupant or his/her agent.
[R.O. 1998 § 515.210; CC 1988 §12-35; Ord. No. 618 §1(1-16.1), 7-6-1970]
A.Â
Whenever the Director of Public Services
determines that there are reasonable grounds to believe that there
has been a violation of any provision of this Article, he/she will
give notice of such alleged violation to the person responsible therefor.
Such notice shall:
1.Â
Be in writing;
2.Â
Contain a statement of the reason
why it is being issued;
3.Â
Allow a reasonable time for the performance
of any act it requires;
4.Â
Be served upon the owner or his/her
agent, or the occupant, as the case may require. Such notice shall
be deemed to be properly served upon such owner or agent, or on any
such occupant, if a copy thereof is:
5.Â
Contain an outline of remedial action
which if taken will effect compliance with the provisions of the Article.
[R.O. 1998 § 515.220; CC 1988 §12-36; Ord. No. 618 §1(1-17), 7-6-1970]
A.Â
The designation of dwellings or dwelling
units as unfit for human habitation and the procedure for such declaration
and placarding of such unfit dwellings or dwelling units shall be
carried out in compliance with the following requirements:
1.Â
Any dwelling or dwelling unit which shall be found to have any of the following defects shall be declared unfit for human habitation and shall be so designated and placarded by the Director of Public Services when the person responsible has failed to correct the condition set forth in a notice issued in accordance with Section 515.210.
a.Â
One which is so damaged, decayed,
dilapidated, unsanitary, unsafe or vermin infested that it creates
a serious hazard to the health or safety of the occupants or of the
public;
b.Â
One which lacks illumination, ventilation
or sanitation facilities adequate to protect the health or safety
of the occupants or of the public;
c.Â
One which because of its general
condition or location is unsanitary or otherwise dangerous to the
health or safety of the occupants or of the public.
[R.O. 1998 § 515.230; CC 1988 §12-37; Ord. No. 618 §1(1-17.1), 7-6-1970]
A.Â
Any dwelling or dwelling unit condemned
as unfit for human habitation, and so designated and placarded by
the Director of Public Services, shall be vacated within a reasonable
time as ordered by the Director of Public Services.
B.Â
No dwelling or dwelling unit which has
been condemned and placarded as unfit for human habitation shall again
be used for human habitation until written approval is secured from,
and such placard is removed by, the Director of Public Services. The
Director of Public Services shall remove such placard whenever the
defect or defects upon which the condemnation and placarding action
were based have been eliminated.
[R.O. 1998 § 515.240; CC 1988 §12-38; Ord. No. 618 §1(1-17.2), 7-6-1970]
No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in Section 515.230.
[R.O. 1998 § 515.250; CC 1988 §12-39; Ord. No. 618 §1(1-17.3), 7-6-1970]
Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter before the Board of Adjustment under the procedure set forth in Article II of this Chapter.
[R.O. 1998 § 515.260; CC 1988 §12-40; Ord. No. 618 §1(1-18), 7-6-1970]
A.Â
The owner of any building shall have sixty (60) days from the issuance of the notice provided for in Section 515.220 in which to remedy the condition therein specified; provided, however, that the Director of Public Services may, at his/her discretion, extend the time for compliance with any such notice, and provided further, that no owner shall be held responsible for any condition that is not specifically described in such notice.
[R.O. 1998 § 515.270; CC 1988 §12-41; Ord. No. 618 §1(1-19), 7-6-1970]
If any building covered by this Article
shall be found to be unfit for human habitation, and the cost of repair
or alteration shall be deemed prohibitive by the Director of Public
Services, then he/she shall condemn such building and proceed with
its removal as in all other cases of condemned buildings.
[R.O. 1998 § 515.280; CC 1988 §12-42; Ord. No. 618 §1(1-20), 7-6-1970]
The owner of every building or dwelling
unit or rooming unit which is declared unfit for human habitation
for continued occupancy shall make the dwelling, building or rooming
unit safe and secure under the terms so that it shall not be dangerous
to human life and shall not constitute a fire hazard or public nuisance.
Any such vacant dwelling open at doors or windows, if unguarded, shall
be deemed to be dangerous to human life as a fire hazard and a public
nuisance within the meaning of this provision.
[R.O. 1998 § 515.290; CC 1988 §12-43;
Ord No. 618 §1(1-21), 7-6-70]
Any owner of a building receiving
notice that such building does not conform to this Article may remove
or demolish such building, and such action shall be deemed compliance.
[R.O. 1998 § 515.300; CC 1988 §12-44; Ord. No. 618 §1(1-21.1), 7-6-1970]
It shall be unlawful for the owner
of any dwelling or dwelling unit upon whom a notice of violation or
compliance order has been served to sell, transfer, mortgage, lease
or otherwise dispose of thereof to another until the provisions of
the notice of violation or compliance order have been complied with,
or until such owner shall first furnish to the grantee, lessee or
mortgagee a true copy of any notice of violation or compliance order
issued by the Director of Public Services. A transferee, lessee or
mortgagee who has received actual or constructive notice of the existence
of a notice of violation or compliance order shall be bound by such
notice as of the date of the transfer without further service of notice
upon him/her.
[R.O. 1998 § 515.300; CC 1988 §12-45; Ord. No. 618 §1(1-21.3), 7-6-1970; Ord. No. 1607 §5, 2-3-1992; Ord. No. 1882 §§1 — 2, 7-1-1996; Ord. No. 2287 §2, 5-5-2003; Ord. No. 2875 §1, 11-4-2013]
See Section 400.700, Occupancy Permits.
[1]
Editor's Note: Former Section 515.320, Certificate
of Compliance, adopted and amended CC 1988 §12-46; Ord. No. 618
§1(1-30), 7-6-1970; Ord. No. 1243 §1, 11-25-1986, was repealed
11-4-2013 by Ord. No. 2875 §1.
[R.O. 1998 § 515.330; CC 1988 §12-47; Ord. No. 618 §1(1-21.2), 7-6-1970]
A.Â
Any person violating any of the provisions
of this Article shall be subject to a fine of not less than ten dollars
($10.00) nor more than fifty dollars ($50.00) for each day that such
violation continues, but if the offense is willful, on conviction
thereof the punishment shall be a fine of not less than ten dollars
($10.00) and not more than one hundred dollars ($100.00) for each
day that such violation continues or imprisonment for ten (10) days
for each day such violation shall continue, or by both such fine and
imprisonment at the discretion of the Court.
B.Â
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 the authority
of this Article 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 § 515.340; CC 1988 §12-66; Ord. No. 618 §1(1-22.1), 7-6-1970]
If the owner fails to comply with
the notice issued by the Director of Public Services under this Article,
the Director of Public Services shall certify such failure to the
Board of Adjustment. The Board is authorized and may direct the Director
of Public Services to take such action as may be necessary to repair,
replace, rebuild or otherwise remedy the conditions specified in the
notice. If the Board of Adjustment proceeds to order the condition
remedied, then the cost thereof shall be at the expense of the owner.
The costs shall be submitted to the owner or owners of the property;
if the costs are not paid within sixty (60) days after rendered, then
the Board of Adjustment shall certify the amount due to the Collector
who shall issue special tax bills thereon. Such bills shall be collected
as other taxes on real estate.
[R.O. 1998 § 515.350; CC 1988 §12-67; Ord. No. 618 §1(1-23), 7-6-1970]
A.Â
Any appeal under this Article shall be
taken within thirty (30) days after the decision is rendered by filing
with the Director of Public Services a notice of appeal specifying
the grounds therefor, and by depositing with the Director of Public
Services the sum of thirty dollars ($30.00) as a docket fee.
B.Â
The Director of Public Services shall forthwith
submit to the Board a copy of this notice of appeal together with
all the papers constituting the record upon which the action appealed
from is taken.
[R.O. 1998 § 515.360; CC 1988 §12-68; Ord. No. 618 §1(1-24), 7-6-1970]
An appeal pursuant to Section 515.350 shall stay all proceedings in furtherance of the action appealed from, unless the Director of Public Services or County Health Commissioner shall certify to the Board of Appeals, subsequent to the filing of any notice of appeal, that by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by the order of any court of competent jurisdiction.
[R.O. 1998 § 515.370; CC 1988 §12-69; Ord. No. 618 §1(1-25), 7-6-1970]
It shall be the duty of the Director
of Public Services and the County Health Commissioner to furnish the
Board of Adjustment, upon request, with copies of reports of any or
all inspections made by such officers in the matter on appeal and
to furnish such other information as may be available to them and
requested by the Adjustment Board.
[R.O. 1998 § 515.380; CC 1988 §12-70; Ord. No. 618 §1(1-26), 7-6-1970]
The Board of Adjustment shall fix
a time and place for the hearing of appeals. Such hearing shall be
had within a reasonable time after the filing of the notice of appeal.
Notice of the time and place of hearing shall be sent by mail to the
appellant or to his/her attorney of record, and such hearing shall
not be less than ten (10) days after the mailing of the notice.
[R.O. 1998 § 515.390; CC 1988 §12-71; Ord. No. 618 §1(1-27), 7-6-1970]
A.Â
In exercising the powers enumerated in
this Article, the Board of Adjustment may reverse or affirm, wholly
or partly, or may modify the order, requirement, decision or determination
appealed from, and may make such order, requirement, decision or determination
as ought to be made.
B.Â
The Board of Adjustment shall act by majority
vote and a quorum shall consist of at least three (3) members. The
action of the Board shall not become effective until after the resolution
of the Board setting forth the reason for its decision and the vote
of each member participating therein has been spread upon the minutes.
Such resolutions, immediately following the Board's final decision,
shall be filed in the office of the Board and shall be open for public
inspection.
[R.O. 1998 § 515.400; CC 1988 §12-72; Ord. No. 618 §1(1-28), 7-6-1970]
The powers granted by this Article
to the Board of Adjustment shall be in addition to those conferred
upon it by the City Building Code.
[R.O. 1998 § 515.410; CC 1988 §12-73; Ord. No. 618 §1(1-29), 7-6-1970]
A.Â
Any decision of the Board of Adjustment
under this Article shall be subject to review by a writ of certiorari
from any court of competent jurisdiction.
B.Â
In no case shall the appellant be liable
for any expenses or costs for surveys, investigations or hearings
of the Board.
C.Â
If a decision appealed from is affirmed,
the docket fee previously deposited by appellant shall be forfeited,
and the money shall be paid into the City Treasury. If the decision
appealed from shall be reversed or modified, then such docket fee
shall be refunded to appellant.
