[CC 2000 §8-4-1; CC 1974 §5-19]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
- ACCESSORY STRUCTURE
- A detached structure, including, but not limited to, garages, carports, fences, tool sheds, playhouses and tree houses, subordinate to the main or principal structure, the use of which is customary to the main building.
- That portion of a structure which is partly underground but having less than fifty percent (50%) of its ceiling height thirty-six (36) inches above the average grade of the adjoining ground.
- A room affording privacy containing bathing and sanitary facilities provided within each dwelling unit consisting of a water closet, a tub or shower and a lavatory basin.
- BOARDING HOUSE
- A structure arranged or used for lodging, with or without meals, for compensation.
- CHANGE OF OCCUPANCY
- Circumstances wherein the composition of the residents of a dwelling unit changes either through the sale, lease, rental or other provision for the occupancy of any dwelling unit or by the addition of one (1) or more persons to the number of residents of a dwelling unit except by birth or legal custody.
- CONDITIONAL OCCUPANCY PERMIT
- A document which states the names, dates of birth, relationships and number of occupants of a dwelling unit which does not comply with all of the provisions of this Chapter. It is issued only under specified circumstances listed in Section 510.120 of this Chapter for a limited specified length of time.
- The condition of appearance of a building or part thereof characterized by evidence of physical decay or neglect, excessive use or lack of maintenance.
- A structure arranged or used for lodging and having common toilet and bathroom facilities.
- A structure or portion thereof which is wholly or partly designed for or used for human habitation.
- DWELLING UNIT
- Two (2) or more rooms or part thereof in a structure usable for occupancy by one (1) family for living purposes and having its own permanently installed cooking and sanitary facilities.
- ENFORCEMENT OFFICIAL
- The official designated herein or otherwise charged with the responsibilities of administering this Chapter in the absence of the Minimum Housing Director.
- EXTENDED FAMILY
- 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 and not more than one (1) unrelated person or a group of not more than three (3) persons not related by blood or marriage living together as a single housekeeping unit in a dwelling unit.
- EXTERIOR APPURTENANCES
- Objects which are added to a structure for aesthetic or functional purposes. These include, but are not limited to, screens, awnings, trellises, television antennas, storm windows and storm doors.
- 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 Director of Minimum Housing of the City.
- A person or group of persons immediately related by blood, marriage or adoption, living as a single housekeeping unit; also a group of not more than three (3) persons not necessarily related by blood, marriage or adoption, living as a single housekeeping unit.
- An existing accessory structure forming a barrier at 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 latticework 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.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- A trough under an eave to carry off water.
- HABITABLE ROOM
- Every room in any structure 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, water closet compartments, pantries, storerooms, foyers, closets, corridors, rooms for mechanical equipment for service in the building or other similar spaces not used by persons frequently or during extended periods.
- A structure arranged or used for sheltering, sleeping or feeding for compensation.
- The presence of insects, rodents, vermin or other pests within or contiguous to a structure or premises.
- A room or part of a room which contains a sink and adequate space for installing cooking and refrigeration equipment and for the storage of cooking utensils.
- LODGING HOUSE
- A structure arranged or used for lodging, with or without meals, for compensation.
- LOWER LEVEL
- That portion of a building which is partly underground but having fifty percent (50%) or more of its ceiling height thirty-six (36) inches above the average grade of the adjoining ground.
- Any person who has charge, care or control of a building or part thereof which is let or offered for occupancy.
- MULTI-FAMILY DWELLING
- A structure or portion thereof designed or altered for occupancy by two (2) or more families living independently of each other in separate dwelling units.
- Whenever the words "multi-family dwelling", "residence building", "dwelling unit", "rooming house", "rooming unit" or "premises" are used in this Code, they shall be construed as though they were followed by the words "or any part thereof".
- OCCUPANCY PERMIT
- A document which states the names, dates of birth, relationships and number of occupants of a dwelling unit and that the occupancy complies with all of the provisions of this Chapter. It is issued under the circumstances listed in Section 510.120 of this Chapter.
- Any person living and sleeping in a dwelling unit.
- ONE-FAMILY DWELLING
- A structure containing one (1) dwelling unit
- OPENABLE AREA
- That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
- Any person, firm or corporation 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 Chapter to the same extent as the owner.
- A corporation, firm, partnership, association, organization and any other group acting as a unit as well as any individual. 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 of this Chapter prescribing a penalty or fine, as to partnership or associations, the word shall include the partners or members thereof and, as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such Section.
- Facilities and equipment including, but not limited to, the following: 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, vent or gas lines.
- A lot, plot or parcel of land or any part thereof including the buildings or structures thereon.
- Any material furnished, supplied, paid for or under the control of the owner.
- PUBLIC HALLWAY
- A hallway, corridor or passageway for ingress into and/or egress from a dwelling not within the exclusive control of one (1) family or dwelling unit.
- To restore to an acceptable state of operation or serviceability. 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 beyond repair.
- ROOMING UNIT
- Any habitable room or group of habitable rooms or any part thereof forming a single unit used or intended to be used for living and sleeping but not for cooking or eating purposes.
- Non-putrescible solid wastes consisting of both combustible and non-combustible wastes.
- 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 structures which do not conform to the minimum standards established by this Chapter or any other ordinances.
- Paid for, installed, furnished or provided by or under the control of the owner or operator.
- TOURIST HOUSE
- A structure arranged or used for lodging, with or without meals, for compensation.
- TWO-FAMILY DWELLING
- A structure containing two (2) dwelling units.
- The process of supplying and removing air by natural or mechanical means to or from any space. Ventilation by power-driven devices shall be deemed mechanical ventilation. Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks without wind-driven devices shall be deemed natural ventilation.
- One who occupies a dwelling as a visitor, guest or caller.
- 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.
[CC 2000 §8-4-2; CC 1974 §5-20]
Every building or its premises used, in whole or in part, as a dwelling or as an accessory structure thereof shall conform to the requirements of this Chapter.
[CC 2000 §8-4-3; CC 1974 §5-21; Ord. No. 694, 8-18-1986; Ord. No. 1127 §1, 10-15-2007; Ord. No. 1145 §1, 9-15-2008]
It shall be unlawful for any person to occupy, as owner-occupant, or to let or hold out to another for occupancy any dwelling unit for the purpose of living, sleeping, cooking or eating which is not safe, clean and fit for human occupancy and which does not comply with the particular requirements of the following:
Foundation, exterior walls and roof. The foundation, exterior walls and roof shall be 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 maintained in a sound condition of repair and shall be free of any other condition which admits rain or dampness to the interior portions of the building. All exterior surface material must be treated, painted in a workmanlike manner or otherwise maintained in a sound condition. 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, gutters and similar projections shall be kept in good repair and free from defects which make them hazardous and dangerous.
Floors, interior walls and ceilings. Every floor, interior wall and ceiling wall shall be adequately protected against the passage and infestation of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotting floorboards. Every interior wall and ceiling shall be free of large cracks and holes and shall be free of loose plaster or other structural or surface materials. Every toilet room and bathroom floor surface shall be impervious to water and capable of being maintained easily in a clean and sanitary condition. Toxic paint and materials shall not be used where readily accessible to children.
Windows, doors and hatchways. Every window, exterior door and basement hatchways 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, when closed, shall fit reasonably well within its frame.
Exterior appurtenances. Exterior appurtenances, including, but not limited to, screens, awnings, gutters, trellises, television antennas, storm windows and storm doors, shall be installed in a safe and secure manner and shall be maintained in sound condition.
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 which is more than four (4) risers high shall have a rail not less than two and one-half (2½) feet high, measured vertically from the nose of the tread to the top of the rail and every porch which is more than four (4) risers high shall have a rail not less than two and one-half (2½) feet above the floor of the porch. Every rail and balustrade shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled more than one (1) inch out of its intended position or have pulled away from supporting or deteriorating supports. The treads and risers of every flight of stairs shall be uniform in width and height. Every stair tread shall be strong enough to bear a concentrated load of at least four hundred (400) pounds. Every porch shall have a sound floor. No porch shall have rotting, loose or deteriorating supports.
Basements and lower levels. Every basement and lower level 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 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 hazard or to endanger health or safety.
Facilities, equipment and chimneys. Every supplied facility, fixture, system, piece of equipment or utility and every chimney and chimney flue shall be maintained in a safe, sound and sanitary working condition consistent with the requirements of this Chapter.
Existing driveways. Existing driveways shall be maintained in good repair and free of safety hazards.
New or improved driveways. All new or improved driveways shall be asphalt or concrete.
At the time of sale or transfer of ownership of residential property, the new occupiers, prior to obtaining an occupancy permit, shall be required to have existing driveways and parking areas on the premises paved with either asphalt, concrete, ornamental paving stones or full brick on compacted stone according to manufacture specifications. On all existing paved areas, repairs to pavement also must be completed prior to a new occupancy permit being issued.
At such time that there is a change of occupancy within any rental property (residential or multi-family zoned), the owner of the property shall be required to have all driveways and parking areas paved with either asphalt, concrete, ornamental paving stones or full brick on compacted stone according to manufacture specifications. On all the existing paved areas, repairs to pavement also must be completed prior to a new occupancy permit being issued.
Yards. All areas which are not covered by lawn or 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 or screen a public thoroughfare shall be properly trimmed to avoid obstruction of the view and movements of vehicles and pedestrians. Hazardous dead trees and shrubs shall be promptly removed.
Infestation. Each dwelling and all exterior appurtenances on the premises shall be adequately protected against insects, rats, mice, termites and other vermin infestation. Building defects which permit the entrance of insects, rats, mice, termites and other vermin shall be corrected 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 and in this instance, the owner shall be responsible for elimination of the infestation.
Tree topping. No person shall top any street tree, park tree or other tree on public property. "Topping" is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this Subsection at the determination of the Director of Minimum Housing.
Dead or diseased tree removal on private property. The City shall have the right to cause the removal of any dead or diseased trees on private property within the City, when such trees constitute a hazard to life and property or harbor insects or disease which constitute a potential threat to other trees within the City. The Director of Minimum Housing will notify, in writing, the owner and/or occupier of such property in which the trees are located. Removal shall be done by said owner and/or occupier at his/her own expense within sixty (60) days after the date of notice. In the event of failure of the owner and/or occupier to comply with such provisions, the City shall have the authority to remove such trees and charge the cost of removal on the owner and/or occupier through ordinance violation and/or as a special tax lien.
[CC 2000 §8-4-4; CC 1974 §5-22; Ord. No. 717, 10-19-1987]
Minimum Space Requirements. Every dwelling unit shall contain a minimum gross floor area of not less than two hundred fifty (250) square feet for the first (1st) two (2) occupants and one hundred (100) square feet for each additional occupant. The floor area shall be calculated on the basis of the total area of all habitable rooms.
Sleeping Rooms. In every dwelling unit, every bedroom occupied by one (1) occupant shall have a minimum gross floor area of at least fifty (50) square feet. Every bedroom occupied by more than one (1) occupant shall contain at least thirty (30) additional square feet of floor area for each occupant thereof. In addition, no sleeping room may have a door that leads through the exterior of the building unless there are two (2) other doors from the same dwelling unit that lead to the outside that do not go through a sleeping room. Neither of these two (2) other doors can be a basement door. Further, any room to be used as a sleeping room must open on to a common hallway or area and may not be used as a sleeping room if the only access to it is through another room.
Common Living Areas. In addition to the space requirements for sleeping rooms in Subsection (B) herein, each dwelling unit in the City shall have at least two hundred fifty (250) square feet of common living area, not sleeping area.
Ceiling Height. Habitable rooms shall have a clear ceiling height over the minimum area required of at least seven (7) feet. Attics or top half stories calculated as habitable rooms shall have a clear ceiling height of at least seven (7) feet over at least one-third (⅓) of the floor area. Only those portions of the floor area of such rooms having a clear ceiling height of five (5) feet or more may be included.
[CC 2000 §8-4-5; CC 1974 §5-23]
It shall be unlawful for any person to use or permit any room in any lower level to be used to satisfy the habitable room requirement of Section 510.040 of this Chapter unless such room meets all the applicable requirements of this Chapter, particularly with regard to ceiling height, ventilation and window area and meets the following additional requirements:
The lowest point of the ceiling shall be at least thirty-six (36) inches above the surface of the ground immediately adjoining the room.
The required minimum window area is entirely above ground level.
No floor area three (3) feet below grade shall be used in determining habitable living space.
Two (2) means of exit are provided, at least one (1) of which leads directly to the outside of the building.
The floors and walls shall be constructed in a manner to prevent the entry of moisture and insulated to prevent the condensation of moisture within the room.
[CC 2000 §8-4-6; CC 1974 §5-24]
Public Hallways. All corridors, passageways and stairways shall be provided with electrical fixtures so that they can be adequately lighted at night. A minimum of five (5) foot-candles of daylight or artificial illumination shall be required at all times in all public hallways.
Natural Lighting. All habitable rooms, except as otherwise provided in this Chapter, shall be provided with a means of transmitting natural light from outside complying with the following requirements:
Window area. Every habitable room shall have at least one (1) window or skylight of approved size facing directly to the outdoors, except in kitchens where artificial light may be provided in accordance with the provisions of the Building Code.
Windows leading to porches. Whenever the natural light area opening from a habitable room is 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 at least thirty percent (30%) of the floor area of the room in question.
[CC 2000 §8-4-7; CC 1974 §5-25]
It shall be unlawful to occupy or permit another to occupy any dwelling unit for the purpose of living therein which is not adequately and safely provided with an electrical system in compliance with the requirements of this Section.
Minimum requirements. The following shall be considered as absolute minimum requirements: In dwelling units where the electrical service is less than one hundred (100) amperes, the service shall be replaced by a minimum size service of one hundred (100) amperes.
Deficiencies. Wherever it is found, in the judgment of the enforcement official, the electrical system in the building constitutes a hazard to the occupants or the building by reason of inadequate service, improper fusing, improper or inadequate grounding of the system, insufficient outlets, improper wiring or installation, deterioration or damage or for similar reasons, the defects shall be corrected to eliminate the hazard. The enforcement official shall base his/her findings of hazard on accepted engineering practice standards and this City Code.
Number of electrical outlets.
Every habitable room shall contain not less than two (2) separate and remote wall or approved floor convenience outlets.
Every kitchen shall be provided with at least three (3) separate and remote wall-type electrical convenience outlets. Any outlet within six (6) feet of a sink has to be a GFCI (ground fault circuit interceptor).
Every bathroom shall be provided with at least one (1) convenience outlet. Any outlet within six (6) feet of any water receptacle has to be a GFCI (ground fault circuit interceptor).
Laundry area. Every laundry area shall contain at least one (1) grounded-type convenience outlet of twenty (20) ampere rating. Any outlet within six (6) feet of any water receptacle has to be a GFCI (ground fault circuit interceptor).
Non-habitable space. Every bathroom, laundry room, furnace room and hallway shall contain not less than one (1) ceiling or wall lighting fixture.
Good working order. Every 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.
Hazards defined. In addition to the hazards established by the enforcement official, the following installations are prohibited and their presence shall be deemed a hazard:
Flush or semi-flush mounted floor convenience outlets unless provided with an approved waterproof cover.
Extension cords for other than short-term, temporary use.
Conductor supported pendant switches or conductor supported light fixtures unless bearing the Underwriters' Laboratory approval.
Loose or hanging wires.
Frayed or bare wires.
Inadequately grounded-type convenience outlets.
[CC 2000 §8-4-8; CC 1974 §5-26]
No person shall occupy, as owner-occupant, or let to another for occupancy any dwelling or dwelling unit which does not comply with the following requirements regarding water facilities:
Bathrooms. Every dwelling unit shall contain a room which affords privacy to a person within said room and which is equipped with a flush water closet, lavatory basin and bathtub or shower, all of which are in good working condition and are properly connected to hot and cold water lines and to an approved water and sewer system.
Kitchen sink. Every dwelling unit shall contain a kitchen sink apart from the lavatory basin required which is in good repair and in working condition, properly connected to hot and cold water lines and to an approved water and sewer system.
Water heating facilities. Every dwelling unit shall have supplied water heating facilities which are properly installed, including appropriate safety devices, such as pressure-relief valve, temperature-relief valve or energy cut-off devices that are maintained in safe and good working condition, capable of heating water to 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).
Plumbing fixtures. Every dwelling unit and structure covered by this Chapter shall have water lines, plumbing fixtures, vents and drains which are properly installed, connected and maintained in working order and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which they are designed. All repairs and installations shall be made in accordance with the provisions of the Building Code and/or the Plumbing Code of the City.
[CC 2000 §8-4-9; CC 1974 §5-27]
General Requirements. Every dwelling unit shall have heating facilities which are capable of safely and adequately heating all habitable rooms, bathroom and water closet compartments within its walls.
Good Working Condition. The owner shall see that the heating facilities shall be properly installed, safely maintained and in good working condition at all times.
[CC 2000 §8-4-10; CC 1974 §5-28]
General Requirements. Every habitable room shall have natural ventilation or a mechanical ventilation system adequate for the purpose for which the room is used.
Toilet Rooms, Bathrooms And Kitchens. Every toilet room, bathroom and kitchen 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 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.
Adequacy. A ventilating system maintained in a safe and good working condition which provides a complete change of air for the bathroom or water closet compartment every fifteen (15) minutes shall meet the requirements of this Section.
[CC 2000 §8-4-11; CC 1974 §5-29]
General Egress. Every dwelling unit shall have a safe and unobstructed means of egress leading to safe and open space outside at the ground level. Passage through such exit shall not lead through any other dwelling unit.
Structures With Three Or More Stories. All habitable structures of three (3) or more stories with dwelling units occupying the third (3rd) or higher story shall be provided with two (2) separate, usable, unobstructed means of egress for each dwelling unit located above the second (2nd) story.
Easy Egress Mandatory. Every door available as an exit shall be capable of being easily opened from the inside.
[CC 2000 §8-4-12; CC 1974 §5-31; Ord. No. 655, 11-19-1987; Ord. No. 717, 10-19-1987; Ord. No. 970, 3-15-1999; Ord. No. 1028, 4-8-2002]
Applicability. This Section shall not apply to any occupancy in existence at the effective date hereof and until a change of occupancy occurs.
Scope. Except as otherwise provided, it shall be unlawful for any person, family, firm or corporation to hereafter occupy or for any owner or agent thereof to permit the occupation of any building or addition thereto or part thereof for any purpose until an occupancy permit has been issued by the enforcement official. The enforcement official shall not issue a certificate of occupancy until the premises for which application is made complies with the requirements of all applicable zoning regulations, building regulations, and health regulations, and all applicable service charges, fees, trash bills, and real estate taxes have been paid in full.
[Ord. No. 1286 §1, 5-16-2016]
Contents Of Occupancy Permit. The occupancy permit shall state the names, dates of birth, relationships and number of occupants of the dwelling unit. It shall be unlawful for any person to knowingly make any false statements in his/her application for an occupancy permit as to the names, dates of birth, relationships or number of occupants of the dwelling unit. No more than one (1) "family", as defined in this Chapter, 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 Chapter.
Fees established. The inspection fees for residential and commercial occupancy permits are as follows:
[Ord. No. 1242 §§1 — 3, 1-20-2015]
One hundred dollars ($100.00) for the initial residential inspection.
One hundred twenty-five dollars ($125.00) for the initial commercial inspection.
Fifty dollars ($50.00) for fire inspection for each new commercial occupancy inspection.
No charge for the first residential or commercial reinspection.
Seventy-five dollars ($75.00) for the second reinspection of the same residential or commercial property, including the Fire Marshal's reinspection.
Fifty dollars ($50.00) for the occupancy permit for sale property.
Forty dollars ($40.00) for the occupancy permit for residential rental property.
Fifty dollars ($50.00) for commercial occupancy permit.
Fifteen dollars ($15.00) for a copy of any type of occupancy permit.
Fifty dollars ($50.00) for an amended copy of any type of occupancy permit.
Payment of fees. Inspection/reinspection fees shall be paid to the City prior to any inspection or reinspection by the Building Inspector of the City.
Time For Issuance. Once the building complies with the requirements of the Director of Minimum Housing, the occupancy permit must be issued within sixty (60) days or it will be necessary to reinspect the building at the above fees.
Change Of Occupancy.
Report required. Every dwelling unit in which a change of occupancy is to occur must be reported by the owner, real estate broker and/or agent to the City so that the enforcement official may inspect the structure according to the provisions of this Chapter. Upon inspection, he/she shall determine the number of occupants which can be housed in the dwelling unit without creating a health or safety hazard. Failure to make such report shall constitute a violation of this Chapter and the person responsible for the failure shall be subject to the penalties hereof.
Fees and inspection requirements.
If a change of occupancy occurs within six (6) months of a prior inspection, there shall be a fee of twenty dollars ($20.00) for the occupancy permit, and a walk through inspection will be required. If any change occurs after six (6) months of the most recent inspection, it will be necessary to fully reinspect the building at the fees set out in this Section.
Conditional Occupancy Permit. A conditional occupancy permit may be issued by the enforcement official if, in his/her judgment, any deficiencies in structures covered by this Chapter would not seriously endanger the health or safety of the occupants or the community and, provided, that the occupant makes an affidavit stating that he/she will correct 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 the provisions of this Chapter, an occupancy permit will be issued as provided above with the qualifications as set out in Section 515.040 of this Title concerning performance bond, funds escrowed, etc.
[Ord. No. 1289, 6-20-2016]
Rental License Required.
No person shall permit occupancy of or offer for rent, lease or occupancy any residential property to any person(s) who are not the owners of record within the City without a rental license issued by the City and pursuant to this Section.
Application for a license under this Section shall be made to the City Clerk and shall set forth the name, street address and telephone number of the owner of record and shall list by street address each and every parcel of residential property owned by that owner that is located in the City of Vinita Park. If the owner of said residential rental property wishes to designate an agent to be responsible for said property and to accept notices and process, then the owner of record shall designate said agent in the application together with the agent's name, street address and telephone number and the extent of the agent's authority to rent, manage, and make expenditures for said property.
The annual fee for the license required by this Section shall be twenty-five dollars ($25.00) per owner per single-family property.
No rental registration or occupancy permit shall be issued to any residential property, unless all applicable fees due, including any delinquency penalties owed to the City, real estate taxes, and trash bill, are paid in full.
In the event any subscriber, owner or occupant is more than ninety (90) days delinquent in the payment of any charges pursuant to this Section or if there is a delinquency in any taxes, license fees or other amounts due the City which shall, include, but not be limited to, assessments for nuisance abatement, weed cutting and boarding up of properties which are incurred after the effective date of this Section, then any residential rental license issued pursuant to this Section shall be revoked. Notice of impending revocation shall be given to the subscriber, owner or occupant by first class mail addressed to the dwelling unit and to the address designated pursuant to this Section. The notice shall include the date of revocation, the date set for appeal and a form for an appeal. The subscriber, owner or occupant shall have ten (10) days from the postmark date of the notice to appeal.
The recipient of a revocation notice under this Section shall have the right to appeal such notice, within ten (10) days from the postmark date of such notice, to the Public Works Director. Such notice of appeal shall be filed with the City Clerk on the form provided. The Public Works Director shall have the authority to hear and decide any such appeal. The Public Works Director has the authority to sustain or modify the determination of revocation. All such appeals shall be heard and decided within thirty (30) days of the date of filing of the appeal. There will be a three hundred dollars ($300.00) filing fee for any appeal paid to the City Clerk before the appeal is scheduled.
Revocation of the residential rental real estate license shall become effective upon an adverse determination by the Public Works Director or upon the expiration of the time for appeal. The Public Works Director shall notify the City Clerk when a residential rental estate license has been revoked.
It shall be unlawful for the owner or agent to continue to lease or accept rental payments for premises when a residential rental real estate license has been revoked.
It shall be unlawful for any occupant to continue to inhabit or pay rent for premises for which a residential rental real estate license has been revoked.
License Not Transferable. No rental license issued under the provisions of this Chapter shall be assignable or transferable, but shall apply only to the person and property to which same is issued.
[CC 2000 §8-4-13; CC 1974 §5-30; Ord. No. 1176 §1, 4-19-2010]
Enforcement Official. It shall be the duty of and responsibility of the Minimum Housing Director to enforce the provisions of this Chapter. No order for correction of any violation under this Chapter shall be issued without the approval of the enforcement official.
The enforcement official is authorized and directed to make inspections to determine whether dwellings, dwelling units, rooming units, accessory structures and premises located within the City conform to the requirements of this Chapter. For the purpose of making such inspections, the enforcement official is authorized to enter, examine and survey at reasonable times all unoccupied dwellings, dwelling units, rooming units, accessory structures and premises. The owner or occupant of every dwelling unit, rooming unit, accessory structure and its premises shall give the enforcement official access thereto at reasonable times for the purpose of such inspection, examination and survey.
If any owner, occupant or other person in charge of a structure subject to the provisions of this Chapter refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to every part of the structure or premises where inspection authorized by this Chapter is sought, the enforcement official shall send the owner or occupant written notice of his/her right of entry. The notice shall set forth the day on which the entry will be sought and the name of the authorized representative. If the enforcement official is refused access to any said premises after written notice has been sent, the enforcement official may seek, in a court of competent jurisdiction, an order that such owner, occupant or other person in charge cease and desist with such interference.
Inspections shall be initiated under the following circumstances:
Application for any occupancy permit made by owner, real estate broker, agent or tenant must show proof of right to request occupancy permit. This can be done through deed, contract of purchase signed by owner, real estate agreement signed by owner, copy of rent receipt signed by owner or any other proof as required by the enforcement official.
When, on the basis of a signed complaint or his/her personal observation, the enforcement official reasonably suspects that a dwelling unit has code violations and as such constitutes a health and/or safety hazard.
Prior to any dwelling house, dwelling unit or commercial building being rented, sold or leased, it shall be required of the owner of the building to obtain a City inspection. It shall be the responsibility of the owner, agent of the owner and the real estate company to make the inspection certificate available to the purchaser prior to closing.
Access By Owner Or Operator. Every occupant of a structure or premises shall give the owner or operator thereof or his/her agent or employee access to any part of such structure or its premises at reasonable times for the purpose of making such inspections, maintenance, repairs or alterations as are necessary to comply with the provisions of this Chapter.
[CC 2000 §8-4-14; CC 1974 §5-32; Ord. No. 1045, 2-17-2003; Ord. No. 1072 §1, 5-10-2004]
Contents. Whenever the enforcement official finds evidence of a violation of any provision of this Chapter, he/she shall declare a public nuisance and give notice of same to the person responsible hereunder. Such notice shall:
Be in writing;
Include a statement of each of the provisions of this Code being violated;
Include a statement of the corrective action required to cure such violation;
Specify the period of time within which such remedial action shall be taken, which time shall be a reasonable period of time under all the circumstances; and
Notice served. Notice of violation shall be served by delivering a copy to the owner or his/her agent or the occupant, as the case may require; provided, that such notice shall be deemed to be properly served if a copy thereof is delivered to the owner or his/her agent or the occupant personally or, if such person cannot be found, by sending a copy of the notice by registered or certified mail with return receipt requested to the person's last known address or, if same cannot be delivered, by posting a copy of such notice in a conspicuous place in or about the building affected by the notice. The notice shall be deemed served on the date served or received or ten (10) days after posting as herein provided. If service cannot be had by any of these means, then service may be had by publications in a legal newspaper of general circulation within the City.
Remedy Of Defects. The owner of any building shall have thirty (30) days from the issuance of the notice provided for in Subsection (A) of this Section in which to bring the condition into compliance except when emergency conditions shall require immediate action as provided in Section 510.150(B) of this Chapter; provided however, that the enforcement official may, at his/her discretion, extend the time for compliance with any such notice; provided further, that said extension is requested within the above stated thirty (30) days.
Reinspection. At the time when the defects have allegedly been brought into compliance, the enforcement official shall reinspect the dwelling, dwelling unit, rooming unit, accessory structure and its premises. At this time, he/she shall make a complete inspection, taking particular notice that the violations previously noted have been brought into compliance and that no new violations have come into existence in the time which has elapsed since the first (1st) inspection.
Vacant Structures. The City of Vinita Park shall be authorized to impose a semiannual registration fee of two hundred dollars ($200.00) to be paid by the owner of any residential structure in the City which has been vacant for six (6) months or more and is in violation of the City's Housing Codes.
Guidelines For Application Of Semi-Annual Registration Fee Under This Section. These guidelines shall apply to any individual, corporation, trust, partnership, etc., that owns a residential structure or structure containing multiple dwelling units, which has been vacant for at least six (6) months, and which is characterized by violations of the City of Vinita Park Housing Codes.
The owner of any residential structure or structure containing multiple dwelling units, which has been vacant for at least six (6) months and who has been notified by the City of Vinita Park of violations of applicable housing codes, shall be required to pay a semi-annual registration fee of two hundred dollars ($200.00). This registration fee will not reduce any fines or costs assessed by the Municipal Court or St. Louis County Circuit Court.
It shall be the duty of the Building Inspector or Director of Public Works for the City of Vinita Park to investigate any property that may be subject to the registration fee. The officer shall report his/her findings and recommendations, and shall determine whether any such property shall be subject to the registration fee. Within five (5) business days, the City Clerk for the City of Vinita Park shall notify, by mail, the owners of property on which the registration fee has been levied, at their last known address according to the records of the City of Vinita Park and St. Louis County. The property owner shall have the right to appeal the decision made by the Building Inspector or Director of Public Works, to the Municipal Court, within thirty (30) days of such notification. Absent the existence of any valid appeal or request for reconsideration, pursuant to Subparagraph (3) of this Subsection, registration fees shall begin to accrue on the beginning of the second calendar quarter after the decision of the municipal officer.
Within thirty (30) days of the notification of deficiencies, the property owner may complete any improvements to the property that would be necessary to revoke the levy of the registration fee, and then may request a reinspection of the property and a reconsideration of the levy of the registration fee by the City of Vinita Park. If the City of Vinita Park revokes the registration fee, no assessment shall be made and the matter shall be considered closed. If the Director of Public Works or the Building Inspector affirms the assessment of the registration fee, the property owner shall have a right to appeal the reconsideration decision of such official to the Municipal Court within thirty (30) days of such decision. Absent the existence of any valid appeal to the Municipal Court or other court of competent jurisdiction, the registration fee shall begin to accrue on the beginning of the second calendar quarter after the reconsideration decision of the municipal governing body.
Sending notices to the last known address, as listed on the books of the City of Vinita Park or the Assessor's Office of St. Louis County, to the owner of such property shall be deemed "service" for purposes of these guidelines.
[CC 2000 §8-4-15; CC 1974 §5-36]
Prosecution. In case any violation of this Chapter is not remedied within the prescribed time period designated by the enforcement official, he/she shall request the legal representative of the City to institute an appropriate action or proceeding at law against the person responsible for the failure to comply ordering him/her to:
Restrain, correct or remove the violation or refrain from any further execution of work;
Restrain or correct the erection, installation or alteration of such building;
Require the removal of work in violation;
Present the occupation or use of the building, structure or part thereof erected, constructed, installed or altered in violation of, or not in compliance with, the provisions of this Chapter or in violation of a plan or specification under which an approval, permit or certificate was issued; or
Enforce the penalty provisions of this Section.
Applicability. When any dwelling unit has become so damaged by fire, wind or other causes or has become so unsafe, unhealthful or unsanitary that, in the opinion of the enforcement official, life or health its immediately endangered by the occupation of the dwelling unit, the enforcement official is hereby authorized and empowered to revoke, without notice, any occupancy permit for such dwelling unit and to order and require the occupants to vacate the same forthwith and to order the owner or agent to proceed immediately with the corrective work and repairs required to make the dwelling unit temporarily safe and fit for human habitation, whether or not legal procedures described by City ordinance have been instituted.
Procedures. In the event the enforcement official determines that there is an immediate danger to the health, safety or welfare of any person, he/she may take emergency measures to vacate and repair the structure or otherwise remove the immediate danger.
Penalty. Any person who shall violate any provision of this Chapter shall, upon conviction thereof, be subject to the penalty provided in Section 100.220 of this Code. Every day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.
[CC 2000 §8-4-16; CC 1974 §5-37]
Jurisdiction Of Zoning Board Of Adjustment. The zoning Board of Adjustment shall have jurisdiction under this Section to hear and decide appeals where it is alleged by any aggrieved person that there is an error in any order, requirement, decision or determination made by the enforcement official or any other person charged with the enforcement of this Chapter.
Appeal From Decision — Procedure For Filing.
Any appeal herein shall be taken within thirty (30) days after the decision is rendered by filing with the City a notice of appeal, specifying the grounds therefor and by depositing with the City the sum of two hundred fifty dollars ($250.00) as a docket fee.
The enforcement official shall forthwith submit to the zoning Board of Adjustment a copy of this notice of appeal together with all the papers constituting the record upon which the action appealed from is taken.
Stay Of Proceedings Of Action Appealed From — Exception. An appeal pursuant to this Section shall stay all proceedings in furtherance of the action appealed from unless the enforcement official shall certify to the zoning Board of Adjustment, 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.
Information To Be Furnished To Board. It shall be the duty of the enforcement official to furnish the zoning Board of Adjustment, upon request, with copies of reports of any or all inspections made by such official in the matter on appeal and to furnish such other information as may be available and requested by the Appeal Board.
Notice And Hearing. The zoning 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 such hearing shall be given to the appellant by being mailed, post paid, to his/her permanent address at least ten (10) days prior to the date set for hearing or to his/her attorney of record.
Action And Decision Of Board.
In exercising the powers enumerated in this Chapter, the zoning Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made.
The action of the zoning Board of Adjustment shall not become effective until after the resolution of said Board of Adjustment 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 City Clerk and shall be open to public inspection.
Review Of Decisions Of Board. Any appeal from the decision of the zoning Board of Adjustment shall be made pursuant to the Administrative Procedures Act of the State and the review from the decision shall be had to the Circuit Court of the County on the record.
Disposition Of Docket Fee. If a decision appealed from is affirmed, the docket fee previously deposited by the 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 the appellant.