[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:
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.
A structure arranged or used for lodging, with or without
meals, for compensation.
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.
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.
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.
The official designated herein or otherwise charged with
the responsibilities of administering this Chapter in the absence
of the Minimum Housing Director.
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.
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.
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.
A structure arranged or used for lodging, with or without
meals, for compensation.
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.
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".
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.
A structure containing one (1) dwelling unit
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.
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.
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.
A structure arranged or used for lodging, with or without
meals, for compensation.
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]
A.
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:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
Driveways.
a.
Existing driveways. Existing driveways shall be
maintained in good repair and free of safety hazards.
b.
New or improved driveways. All new or improved driveways
shall be asphalt or concrete.
c.
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.
9.
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.
10.
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.
11.
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.
12.
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]
A.
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.
B.
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.
C.
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.
D.
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]
A.
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:
1.
The lowest point of the ceiling shall be at least thirty-six (36)
inches above the surface of the ground immediately adjoining the room.
2.
The required minimum window area is entirely above ground level.
3.
No floor area three (3) feet below grade shall be used in determining
habitable living space.
4.
Two (2) means of exit are provided, at least one (1) of which leads
directly to the outside of the building.
5.
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]
A.
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.
B.
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:
1.
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.
2.
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]
A.
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.
1.
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.
2.
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.
3.
Number of electrical outlets.
a.
Every habitable room shall contain not less than two (2) separate
and remote wall or approved floor convenience outlets.
b.
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).
c.
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).
4.
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).
5.
Non-habitable space. Every bathroom, laundry room,
furnace room and hallway shall contain not less than one (1) ceiling
or wall lighting fixture.
6.
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.
7.
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:
a.
Flush or semi-flush mounted floor convenience outlets unless provided
with an approved waterproof cover.
b.
Extension cords for other than short-term, temporary use.
c.
Conductor supported pendant switches or conductor supported light
fixtures unless bearing the Underwriters' Laboratory approval.
d.
Loose or hanging wires.
e.
Frayed or bare wires.
f.
Inadequately grounded-type convenience outlets.
[CC 2000 §8-4-8; CC 1974 §5-26]
A.
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:
1.
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.
2.
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.
3.
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).
4.
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]
A.
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.
B.
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]
A.
General Requirements. Every habitable room shall have natural
ventilation or a mechanical ventilation system adequate for the purpose
for which the room is used.
B.
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.
C.
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]
A.
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.
B.
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.
C.
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]
A.
Applicability. This Section shall not apply to any occupancy
in existence at the effective date hereof and until a change of occupancy
occurs.
B.
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]
C.
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.
D.
Inspection Fees.
1.
Fees established. The inspection fees for residential
and commercial occupancy permits are as follows:
[Ord. No. 1242 §§1 — 3, 1-20-2015]
a.
One hundred dollars ($100.00) for the initial residential inspection.
b.
One hundred twenty-five dollars ($125.00) for the initial commercial
inspection.
c.
Fifty dollars ($50.00) for fire inspection for each new commercial
occupancy inspection.
d.
No charge for the first residential or commercial reinspection.
e.
Seventy-five dollars ($75.00) for the second reinspection of
the same residential or commercial property, including the Fire Marshal's
reinspection.
f.
Fifty dollars ($50.00) for the occupancy permit for sale property.
g.
Forty dollars ($40.00) for the occupancy permit for residential
rental property.
h.
Fifty dollars ($50.00) for commercial occupancy permit.
i.
Fifteen dollars ($15.00) for a copy of any type of occupancy
permit.
j.
Fifty dollars ($50.00) for an amended copy of any type of occupancy
permit.
2.
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.
E.
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.
F.
Change Of Occupancy.
1.
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.
2.
Fees and inspection requirements.
a.
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.
G.
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]
A.
Rental License Required.
1.
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.
2.
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.
3.
The annual fee for the license required by this Section shall
be twenty-five dollars ($25.00) per owner per single-family property.
4.
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.
5.
Delinquency.
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
6.
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]
A.
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.
B.
Inspections.
1.
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.
2.
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.
3.
Inspections shall be initiated under the following circumstances:
a.
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.
b.
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.
c.
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.
C.
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]
A.
Notice.
1.
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:
a.
Be in writing;
b.
Include a statement of each of the provisions of this Code being
violated;
c.
Include a statement of the corrective action required to cure such
violation;
d.
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
2.
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.
B.
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.
C.
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.
D.
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.
E.
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.
1.
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.
2.
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.
3.
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.
4.
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]
A.
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:
1.
Restrain, correct or remove the violation or refrain from any further
execution of work;
2.
Restrain or correct the erection, installation or alteration of such
building;
3.
Require the removal of work in violation;
4.
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
5.
Enforce the penalty provisions of this Section.
B.
Emergency Measures.
1.
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.
2.
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.
C.
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]
A.
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.
B.
Appeal From Decision — Procedure For Filing.
1.
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.
2.
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.
C.
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.
D.
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.
E.
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.
F.
Action And Decision Of Board.
1.
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.
2.
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.
G.
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.
H.
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.
