[CC §42.08; Ord. No.
140, 4-2-1979]
This Chapter shall be cited as Chapter 520, Property Maintenance Code of the City of St. John.
[CC §42.01; Ord. No.
360 §1, 4-3-1989; Ord. No. 600 §1, 3-16-1998; Ord.
No. 698 §1, 7-2-2001; Ord. No. 760 §1, 4-7-2003; Ord.
No. 761 §1, 4-7-2003; Ord. No. 921 §1, 11-3-2008; Ord.
No. 967 §2, 9-19-2011; Ord. No. 972 §1, 10-17-2011; Ord. No. 974 §2, 11-21-2011; Ord. No. 987 §2, 7-2-2012]
A.
The
City of St. John hereby adopts the 2012 International Property Maintenance
Code as published by the International Code Council, Inc. (ICC). Said
edition is adopted with the exception of Section 110 - Demolition
and Section 111 - Means of Appeal.
[Ord. No. 1093 §§ 1
— 3, 6-6-2016]
B.
Prior To The Sale Or Rental Of Property.
1.
Prior to the sale or rental of property or the reissuance of any
new occupancy permit for said building in a residential district,
any building or residential structure utilizing natural gas as a source
of energy shall have a valve capable of discontinuing the flow of
natural gas into any gas appliance/device located between the main
regulator valve and said appliance/device.
2.
Prior to the sale or rental of property or the reissuance of any
new occupancy permit for said building in a residential district,
any building or residential structure must have a ground fault circuit
interrupt (GFCI) receptacle installed where any electrical receptacle
is located within six (6) feet of any water service, spout or faucet,
all damp or wet locations, including but not limited to kitchens,
bathrooms, garages, and receptacles located on the exterior of the
structure.
[Ord. No. 1153, 8-20-2018]
3.
Prior to the sale or rental of property or the reissuance of any
new occupancy permit for said building in a residential district,
all residential structures must have a valve installed in a water
line capable of discontinuing water service to any sink(s) or toilet(s).
Said valve shall be located between the main shut-off valve to the
residence and any other subsequent shut-off valve and the sink(s)
or toilet(s).
4.
Prior to the sale or rental of property or the reissuance of any
new occupancy permit for said building in a residential district,
all residential structures must have rain gutters installed on the
fascia board at all applicable areas.
5.
Prior to the sale or rental of property or the issuance of any new
occupancy permit for said building in a residential district, any
gravel driveway, non-continuous ribbon driveway or garden driveway
must be paved by either concrete or asphalt. Prior to said paving,
a permit must be issued by the Building Inspector of the City of St.
John.
6.
Prior to the sale or rental of property or the issuance of any new
occupancy permit for said building in a residential district, electrical
service-drop conductors shall have ten (10) feet minimum clearance
from final grade at the electric service entrance to the building
and at the lowest point of the drip loop of the building electric
entrance. Such clearance shall be measured from final grade or other
accessible surfaces.
7.
Prior to the sale or rental of property or the issuance of any new
occupancy permit for said building in a residential district, single-
or multiple-station smoke detectors shall be installed and maintained
at the following locations:
8.
Prior to the sale or rental of property, or the issuance of any new
occupancy permit for said building in a residential district, any
existing guardrails that are not constructed of the same material
as other guardrails on the same porch must be removed or replaced
with matching one(s) of the same material. Guardrails may not be constructed
out of PVC pipe.
[Ord. No. 1107 § 1, 11-7-2016]
9.
Prior to the sale of property in a residential district, any existing
tree stump, located in the front yard, shall be removed at or below
ground level.
10.
Prior to the sale or rental of property in a residential district,
or the issuance of any new occupancy permit, any existing portable
carport structure not in compliance with this Section shall be brought
into compliance or removed.
11.
(Reserved)[1]
[1]
Editor’s Note: Former Subsection (B)(11), as added or
amended by Ord. No. 1047 § 1, 11-3-2014, which provided that,
upon sale of residential property and prior to issuance of an occupancy
permit to the new buyer, an inspection was required to confirm that
the required yards existed, was repealed by Ord. No. 1177, 7-1-2019.
12.
Upon the sale of property in a residential district and prior
to the issuance of an occupancy permit to the new buyer, a lot of
record having a width of forty (40) feet or more shall have a driveway
constructed if no driveway exists.
[Ord. No. 1047 §2, 11-3-2014]
13.
Board-Up And Circular Accumulation — Prohibited, When.
[Ord. No. 1106 § 1, 11-7-2016]
a.
BOARD-UP
CIRCULATED PRINTED MATERIAL
GLASS
Definitions. The following words when used in this Subsection shall
have the meanings set out below:
The act of covering a window, door or other opening with
material other than stone, brick, siding, clapboard or exterior covering
which is similar to and harmonious with the existing wall or facade
of any commercial or residential structure and, particularly, but
not limited to, the covering of any door, window or other opening
with plywood.
Any newspaper (whether paid for or circulated without charge),
advertising circulars, political circulars or any other object containing
the printed word or pictures which is placed on any premises by a
person or organization other than the owner or occupier thereof.
Any type of plate, thermal, tinted or stained glass which
is affixed in a window, door or other orifice and which is used to
create a barrier between the inside and outside of a structure used
for commercial or residential purposes.
b.
No owner or occupier of any commercial or residential structure within
the City of St. John shall board-up, or allow to be boarded-up, any
window, door or other opening, or the glass contained therein, on
a commercial or residential building for a period of more than five
(5) days. Residential structures may be boarded-up for periods exceeding
five (5) days if and only if a special permit is issued by the Director
of Public Works on an application submitted for that purpose. Under
no circumstances shall any structure be boarded up for more than ninety
(90) days.
c.
No owner or occupier of any commercial or residential structure within
the City of St. John shall allow circulated printed material to accumulate
outside of and on the premises of any said structure. For purposes
of enforcement of this Subsection, owner and/or occupier of said structure
and the surrounding premises shall be guilty of a violation hereof
if more than five (5) pieces of circulated written material accumulate
at one (1) time. The entire edition of any newspaper, rather than
each page thereof, shall constitute one (1) piece of circulated printed
material. The additional accumulation of each said piece of circulated
printed material beyond the five (5) piece limit stated above shall
be deemed a separate violation.
14.
Prior to the sale or rental of property, or the issuance of
an occupancy permit in a residential district, any fence constructed
of hazardous wire, wire loop, or of any material deemed dangerous
by the Public Works Director shall be removed. Hazardous wire may
be used in commercial districts if it is located on a fence not less
than eight (8) feet above the grade of the ground surface upon which
the fence is constructed.
[Ord. No. 1109 § 1, 11-21-2016]
15.
Prior to the sale or rental of property, or the issuance of
an occupancy permit, any fence, screen or obstruction in front of
a line equal to the front wall of the main structure of any property
shall be removed except as follows:
[Ord. No. 1109 § 2, 11-21-2016]
16.
Prior to the sale of property or the issuance of an occupancy permit, any existing fence exceeding the maximum allowable height as provided in Section 505.065(F) shall be brought into compliance or removed.
[Ord. No. 1109 § 3, 11-21-2016]
17.
Prior to the sale or rental of property, or the issuance of
an occupancy permit, sight proof fencing facing the street on which
the house fronts shall have a gap of one and one-half (1 1/2)
inches between the fence boards. Sight proof fencing shall be maintained
to prevent rotting and deterioration.
[Ord. No. 1109 § 4, 11-21-2016]
18.
Prior to the sale or rental of property, or the issuance of
an occupancy permit, no yard may have more than one (1) fence erected
on the boundary of the property at a time. Fencing in addition to
that which has been placed on the property boundary may be erected
for a specific purpose, such as enclosing a garden or creating a kennel
space, provided it is not erected any closer than thirty-six (36)
inches to any parallel fence.
[Ord. No. 1109 § 5, 11-21-2016]
19.
Prior to the sale or rental of property or the issuance of any new
occupancy permit for a building in a residential district, carbon
monoxide detectors shall be installed on every level and outside every
sleeping room in a home with gas appliances.
[Ord. No. 1224, 8-16-2021]
[Ord. No. 727 §1, 4-1-2002; Ord.
No. 764 §1, 5-5-2003; Ord. No. 780 §1, 10-6-2003; Ord.
No. 988 §§1 — 2, 8-6-2012]
A.
The
following Sections of said International Property Maintenance Code
are hereby revised as follows:
1.
Section 101.1 Title. Insert the wording "City of
St. John, Missouri".
2.
Section 103.6 Fees. Insert the wording "shall be
as indicated in the Municipal Code of the City of St. John".
3.
Section 303.14 Insect Screens. Insert the dates
"May 1" and "November 1" respectively.
4.
Section 602.3 Heat Supply. Insert the dates "September
1" and "May 1" respectively.
5.
Section 602.4 Occupiable Work Spaces. Insert the
dates "September 1" and "May 1" respectively.
6.
Section 604.2 is amended by deleting "60 amperes" and replacing
with "100 amperes".
7.
Section 703 "Fire Resistance Ratings" shall not apply to existing
garages located in the basement of a residential structure.
[Ord. No. 1058 §1, 3-2-2015]
A.
No house trailer, mobile home or manufactured home shall be parked,
used, or occupied on any tract of ground within the City of St. John.
B.
All recreational vehicles must be parked behind the front building
line of any lot within the City of St. John and must be parked on
an improved surface. No recreational vehicle may be used as a dwelling
or for living or sleeping quarters. No recreational vehicle may be
connected to any utilities while parked on a residential property
in the City.
[Ord. No. 620 §§1
— 2, 11-2-1998]
A.
It
shall be unlawful for any person, firm or corporation to allow the
growth of any grass, weeds or deleterious growths or other matter
to grow on any driveway which has been improved with any rock, gravel,
limestone or other rock-like substance. Said driveway shall always
be kept in good repair so as to designate same as a useable driveway.
[Ord. No. 759 §§1
— 2, 3-17-2003]
A.
Any
person, firm or corporation who owns, leases or rents real property
within the City of St. John, whereby a house is constructed on said
property, must maintain yard areas with a ground cover consisting
mostly of growing grass or cultivated ground cover, which may be supplemented
by the use of landscaping timbers, decorative rocks, mulch and plants.
B.
An English or cottage garden may be permitted if the owner of the
property submits a plan of the garden design to the Public Works Director
for approval. For the purposes of this requirement an English or cottage
garden is defined as a method of landscaping that is characterized
by an informal, asymmetrical type of deliberate landscape design based
on color schemes, plant species, or other specific design criteria.
This type of garden must be maintained in compliance with the design
submitted to and approved by the Public Works Director and must be
kept free of weeds and noxious growth at all times.
[Ord. No. 1113 § 1, 12-5-2016[1]]
C.
In the case of corner lots, no structure or planting exceeding thirty-six
(36) inches in height may be erected or installed within the triangular
area bound by the property lines and a line connecting the two (2)
points on the property lines thirty (30) feet from the intersection
of the property lines. This height requirement may be further restricted
by the Director of Public Works if special topographic or other peculiar
circumstances impair traffic visibility.
[Ord. No. 1049 §1, 11-3-2014]
[Ord. No. 929 §1, 4-20-2009]
A.
Whenever the Police or Public Works Department determine that a vehicle which is parked or stored on private property, in a driveway or not within a fully enclosed building and if the vehicle is inoperable or in violation of State vehicle safety Statutes or does not have current State license plates issued to that vehicle displayed therein, the Police or Public Works Department may order the vehicle removed, to a place of safety, in accordance with Section 520.028 herein.
B.
Any
vehicle subject to removal under this Section is a public nuisance.
C.
The operator and owner of any vehicle subject to removal under Subsection (A) of this Section shall be in violation of this Section and subject to prosecution therefore.
D.
The owner of any vehicle subject to removal under Subsection (A) of this Section, and the owner and possessor of the private property the vehicle is on, shall be in violation of this Section and subject to prosecution therefore.
E.
The operator, owner or possessor of any vehicle subject to removal under Subsection (A) of this Section shall be responsible for payment of all removal and storage costs.
F.
Any
vehicle subject to removal under this Section shall not be removed
until the seven (7) day period in which to request a removal hearing
is held and the City Manager or designee authorizes removal.
G.
The
authority granted in this Section is in addition to any authority
the Police or the Public Works Department may have under the law.
[Ord. No. 929 §2, 4-20-2009]
A.
Whenever a vehicle is subject to removal pursuant to Section 520.027(A), the department seeking removal shall provide notice to the registered owner of the vehicle, if ascertainable, and/or to the owner/possessor of the private property. The notice shall provide the following information:
B.
Notice
shall be mailed or delivered in some manner reasonably calculated
to reach the person entitled to notice, if the name and address of
the person entitled to notice is ascertainable. Notice will also be
posted on the vehicle.
[Ord. No. 929 §3, 4-20-2009]
B.
The
hearing shall be held before the City Manager or his/her designee
within five (5) days of the hearing request. Formal rules of evidence
shall not apply; however, the parties shall have the right to be represented
by legal counsel, present evidence, confront and cross-examine witnesses
and receive a written decision based upon the evidence addressed at
the hearing. The hearing shall not be recorded in any manner.
C.
At the hearing, the City Manager shall determine whether the removal is authorized under Section 520.028 of this Chapter.
D.
If the removal under Section 520.028 is authorized, the City Manager shall order the vehicle removed and the owner/possessor shall be given a time period for such removal. If the vehicle is not removed within the prescribed time period, the vehicle shall be removed by authority of the City to a place of safety and only released to the owner upon proof of ownership and payment of removal and storage cost.
[CC §42.03; Ord. No.
140, 4-2-1979]
A.
Any
person affected by any notice which has been issued in connection
with the enforcement of any provision of this Chapter or the Code,
or of any rule or regulation adopted pursuant thereto, may request
and shall be granted a hearing on the matter before the Board of Adjustment;
provided that such person shall file in the office of the City Clerk
the written petition requesting such hearing and containing a statement
of the ground therefor within twenty (20) days after the day the notice
was served.
B.
The
Board of Adjustment shall hear all appeals relative to the enforcement
of this Code and by concurring vote of four (4) of its members may
reverse or affirm wholly or partly or may modify the decision appealed
from and shall make such an order or determination as in its opinion
ought to be made. Failure to secure such concurring votes shall be
deemed a confirmation of the decision of the Code Official.
[CC §42.04; Ord. No.
140, 4-2-1979]
If all or any part of a building or structure, including a fence, billboard or sign, or the equipment for the operation thereof, including the heating plant, plumbing, electrical wiring, moving stairways, elevators, and fire extinguishing apparatus, shall be found, in the opinion of the Building Official, to be in an unsafe condition, dangerous to life, limbs or property, or where there has been a cessation of normal construction of any structure for a period of more than two (2) years, he shall correct the situation by following the procedures set forth in Chapter 510, "Dangerous Buildings", of the Municipal Code of the City of St. John.
[CC §42.05; Ord. No.
140, 4-2-1979; Ord. No. 648 §1, 11-1-1999; Ord.
No. 664 §1, 4-3-2000]
A.
Scope. Except as otherwise provided it shall be unlawful
for a person or family to occupy, or for any owner or agent thereof
to permit the occupation of any dwelling, dwelling unit or addition
thereto, or part thereof, for any purpose until an occupancy permit
has been issued by the Building Official. The occupancy permit shall
not be issued until all violations of this Chapter have been brought
into compliance. The occupancy permit so issued shall state that the
occupancy complies with all of the provisions of this Chapter.
It shall be unlawful for any person or family to occupy any
dwelling, dwelling unit or addition thereto, or part thereof, for
any purpose, until the issued occupancy permit or conditional occupancy
permit has been obtained from the City and is in the possession of
said person or family to occupy. Said occupancy permit or conditional
occupancy permit shall be in the possession of the person or family
to occupy at the time of moving in and shall be presented for inspection
at the request of any City Official.
B.
Fee. The fee for occupancy permits and reinspections shall
be set by administrative policy on an annual basis.
C.
Content of Occupancy Permit.
1.
The occupancy permit shall state the names, ages, relationship, or number of occupants of the dwelling unit. No more than one (1) family as defined in Section 400.030 of this Municipal Code shall occupy each dwelling unit. All persons who occupy the premises of a dwelling unit must be listed on the occupancy permit or be subject to the penalties provided in this Code.
2.
In the case of rental property, applicant tenants shall present an
"Affidavit of Occupancy" or a written statement from the building
or unit owner specifying the names, ages and relationships of the
tenants to be occupying said building or dwelling unit.
D.
Report Change of Occupancy. Every dwelling unit in which
a change of occupancy is to occur must be reported by the owner to
the City Clerk so that the Enforcement Official may inspect the structure
according to the provisions of this Code. Upon inspection, he shall
determine the number of occupants which can be housed in a dwelling
unit without creating a health or safety hazard. Failure to make such
a report shall constitute a violation of this Section, and the person
responsible for the failure shall be subject to the penalties of this
Code.
E.
Responsibilities of Real Estate Brokers. All real estate
brokers and agents and similar businesses and owners of multiple-family
dwelling units shall report each dwelling unit which is to change
occupancy as in this Section defined so that the Enforcement Official
may inspect the unit according to the provisions of this Chapter.
Failure to register or make such a report shall constitute a violation
of this Section and the person or firm responsible for the failure
shall be subject to the penalties of this Code.
F.
Conditional Occupancy Permit. A conditional occupancy permit
may be issued by the Enforcement Official if, in his judgment, any
deficiencies in structures covered by this Chapter would not seriously
endanger the health or safety of the occupants of the community and
provided that the occupant makes an affidavit stating that he will
correct the deficiencies within a specified time and thus bring the
structure into compliance with the provisions of this Chapter. The
occupant may then occupy the dwelling unit while repairs are being
made. At such time as the dwelling complies with all of the provisions
of this Chapter an occupancy permit will be issued and provided herein.
G.
Visitor Defined. A visitor is a person who temporarily lives
within the residence for a period not to exceed thirty (30) consecutive
days. Said person need not be added to the occupancy permit if he/she
inhabits the resident of another for a period of thirty (30) consecutive
days or less. If said residency exceeds said thirty (30) day period,
the owner of the property must notify the Building Inspector of a
proposed additional occupant, schedule an inspection and amend the
occupancy permit as outlined within this Chapter. Only one (1) said
thirty (30) day period shall be allowed for the same person in any
calendar year before the aforesaid notification, inspection and occupancy
permit amendment shall be required. The City Manager shall be empowered
to grant an extension of any requirement set forth herein based on
a showing of exigent circumstances by the resident holding the occupancy
permit.
[CC §42.06; Ord. No.
140, 4-2-1979]
Nothing in this Chapter or in the Basic Property Maintenance
Code hereby adopted shall be construed to affect any suit or proceeding
pending in any court, or any rights acquired, or any liability incurred,
or any cause or causes of action acquired or existing, under any act
or ordinance hereby repealed by this Chapter; nor shall any just or
legal right or remedy of any character be lost, impaired or effected
by this Chapter.
