[R.O. 2012 §505.010; Ord. No. 323 §1, 7-9-1991]
The City Council recognizes that certain of the matters addressed in the Property Maintenance Code hereinafter adopted may also be addressed by certain portions of Chapter 235 and Section 220.050, as well as by other portions of other ordinances of the City. It is hereby declared to be the intention of the Council that any provisions of such ordinances shall be read in harmony with the provisions of the Property Maintenance Code hereinafter adopted and that provisions of the aforesaid ordinances shall be so construed, interpreted, administered and applied as to reconcile any differences between such ordinances and the Code hereinafter adopted. To the extent that any provision of the aforesaid ordinances may be determined to be irreconcilable with the provisions of the Code hereinafter adopted, but only to that extent, those ordinance provisions shall be deemed to have been superseded and repealed by the adoption of this Property Maintenance Code.
[R.O. 2012 §505.020; Ord. No. 323 §2, 7-9-1991; Ord.
No. 492 §1, 9-4-2001; Ord. No. 612 §§1 — 3, 12-1-2009; Ord. No. 650 §§1 —
3, 6-27-2012]
A certain document, one (1) copy of which has been on file for at least ninety (90) days in the office of the City Clerk of the City of Normandy, being marked and designated as "The International Property Maintenance Code, 2009 Edition", with the additions, insertions and changes, if any, prescribed in Section 505.030 of this Chapter, as published by the International Code Council, be and is hereby adopted and made a part of this Code of Ordinances for the control of buildings and structures. Each and all of the regulations, provisions, conditions and terms of such International Property Maintenance Code, 2009 Edition, published by the International Code Council on file in the office of the City Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this Code, with the additions, insertions, deletions and changes, if any, prescribed in Section 505.030 of this Chapter.
[R.O. 2012 §505.025; Ord. No. 612 §§1 — 3, 12-1-2009; Ord. No. 650 §§1 — 3, 6-27-2012]
Throughout the International Property Maintenance Code, 2009
Edition, wherever the terms "name of jurisdiction" or "local jurisdiction"
appear, it shall be deemed to mean "City of Normandy, Missouri". Wherever
the term "code" appears, it shall mean the International Property
Maintenance Code, 2009 Edition.
[R.O. 2012 §505.030; Ord. No. 323 §3, 7-9-1991; Ord.
No. 484 §6, 4-9-2001; Ord. No. 492 §2, 9-4-2001; Ord. No. 612 §§1 —
3, 12-1-2009; Ord. No.
650 §§1 — 3, 6-27-2012]
A.
The International Property Maintenance Code, 2009 Edition, adopted in Section 505.020 hereof is amended and revised in the following respects.
1.
Section 101.1 shall read "These regulations, with
the additions, insertions, deletions and changes, if any, prescribed
by the City of Normandy, shall be known as the Property Maintenance
Code of the City of Normandy, hereinafter referred to as this code".
2.
Section 103.5 is hereby deleted in its entirety
and the following Section is hereby substituted in lieu thereof, to
wit:
103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in Section 500.110 of the Municipal Code.
3.
Section 106.4 is hereby deleted in its entirety
and the following Section is hereby substituted in lieu thereof, to
wit:
106.4 Violation penalties. Any person, firm
or corporation who shall violate any provision of this code shall,
upon conviction thereof, be subject to a fine not to exceed one thousand
dollars ($1,000.00) or imprisonment for a term not to exceed ninety
(90) days, or by both such fine and imprisonment. Each day that a
violation continues after due notice has been served, in accordance
with the terms and provisions of this code, shall be deemed to be
a separate offense.
4.
Section 110 is hereby deleted in its entirety.
5.
Section 111 is hereby deleted in its entirety and
the following Section is hereby substituted in lieu thereof, to wit:
Section 111 Means of Appeal
Section 111.1 Petition. Any person affected
by any notice which has been issued in connection with the enforcement
of any provision of this code, or of any rule or regulation adopted
pursuant thereto, shall have the right to request and shall be granted
a hearing on the matter before the City Council; provided that such
a person shall file, with the City Clerk, a written petition requesting
such a hearing and containing a statement of the grounds therefore
within ten (10) days after the day the notice was served.
Section 111.2 Appeals Board. In order to protect
existing structures in the jurisdiction by vigorous enforcement of
the provisions of this code, there shall be and is hereby created
an Appeals Board, hereinafter referred to as the Board, consisting
of the members of the Board of Adjustment of the City of Normandy.
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Section 111.2.1 Vote. The Board shall hear
all appeals relative to the enforcement of this code and by a concurring
vote of the majority of its members shall reverse or affirm, wholly
or in part, or modify the decision appealed from and shall make such
order or determination as in the opinion of the Board ought to be
made.
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Section 111.2.2 Financial interest. A member
of the Board shall not participate in any hearings or vote on any
appeal on which that member has a direct or indirect financial interest,
or is engaged as a contractor, or is engaged in the preparation of
plans and specifications, or in which that member has any personal
interest.
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Section 111.3 Records. The Secretary of the
Board shall keep a record of each meeting so that the record shows
clearly the basis for each decision made by the Board.
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Section 111.4 Appeals. Any interested parties
may appeal from the determination of the hearing held by the Appeals
Board, to the Circuit Court, as established in Chapter 536, RSMo.,
provided however, that notice is given within ten (10) days of the
date of determination of the Appeals Board.
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6.
A new Section, to be designated as Section 112 "Certificate of Compliance
and Occupancy Permit" is inserted to read as follows:
Section 112 Certificate of Compliance and Occupancy
Permit.
112.1 Scope; Requirement. Except as otherwise
provided, it shall be unlawful for any person to occupy or for any
owner or agent thereof to permit the occupancy of any structure or
addition thereto, or part thereof, for any purpose until all required
certificates of compliance and/or occupancy permits have been issued
by the Code Official. No certificate or permit shall be issued until
all violations of this code shall have been corrected and brought
into compliance.
112.2 Transfer of ownership; certificate of compliance
required. Prior to any transfer, change of ownership or occupancy
of any building or part thereof, the owner, lessor or agent thereof
shall request the Code Official to make an inspection of said building
to determine compliance with the provisions of this code. If no violations
are noted, the Code Official shall issue a certificate of compliance
which shall be valid for one hundred eighty (180) days, unless revoked
by the Code Official for good cause. A fee shall be charged for each
initial and subsequent inspection. It shall be unlawful for the owner,
lessor or agent thereof of any building or part thereof to sell, transfer,
lease, sublease, rent or otherwise dispose thereof to another until
a certificate of compliance shall have been issued.
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112.2.1 Correction required. If there are violations
of this code which must be abated or corrected before a certificate
of compliance is issued, it shall be the responsibility of the seller,
lessor or agent thereof to abate such violations.
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112.2.2 Transferee may assume responsibility. With the approval of the Code Official, a transferee of a building
or a part thereof may assume responsibility for abating violations
of this code by executing an affidavit stating that such transferee
assumes responsibility for abating such violations and establishing
the date by which such abatement shall be accomplished, which date
shall be subject to approval by the Code Official.
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112.2.3 Exception. This Section shall not apply
to transfers of a building or part thereof wherein the transferee
executes an affidavit directed to the Code Official attesting to the
fact that the structure(s) and or building(s) on the property so transferred
will be demolished within ninety (90) days of transfer.
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112.3 Occupancy permit required. It shall be
unlawful for any person to hereafter occupy or for the owner, lessor
or agent thereof to permit the occupancy of any building until an
occupancy permit has been issued by the Code Official. No occupancy
permit shall be issued until any violations of this code shall have
been corrected and fee for such permit shall have been paid. No person
not listed on the occupancy permit for a dwelling or dwelling unit
shall occupy or be permitted to occupy the same and no person or activity
not listed on the occupancy permit for a building not used for dwelling
purposes shall be permitted therein. Whenever the owner or occupant
of any dwelling or dwelling unit shall permit or suffer any additional
person to occupy same, the Code Official shall be notified and the
occupancy permit shall be amended accordingly, provided that all other
requirements of this code shall then be satisfied. Whenever the owner
or occupant of any building not used for dwelling purposes shall permit
an additional or separate use to be undertaken therein, the Code Official
shall be notified and the occupancy permit shall be amended accordingly,
provided that all other requirements of this code shall then be satisfied.
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112.3.1 Application for permit. Any person
hereafter occupying any building or part thereof shall apply for an
occupancy permit on an application form provided by the Code Official.
Such applications shall contain the name of the applicant, the names,
dates of birth and relationship of all persons to occupy the building
or part thereof and such other information as shall be required by
the Code Official. The application shall be signed and sworn to by
the applicant. It shall be unlawful for any person to knowingly make
any false statement in an application for an occupancy permit or any
amendment thereto.
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112.3.2 Conditional permit. A conditional occupancy
permit may be issued by the Code Official if, in his/her judgment,
any deficiency or non-compliance with this code would not seriously
endanger the health or safety of the occupants or the community and
provided the occupant executes an affidavit that all required corrections
shall be made within a time specified therein. If approved by the
Code Official in all respects, the building may thereafter be occupied
while such corrections are being made. Upon expiration of the time
allowed in the conditional permit, all required corrections shall
be completed or the building or part thereof shall be vacated. At
such time as the building or part thereof shall be in compliance with
the requirements of this code, an occupancy permit shall be issued.
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7.
Section 302.4 Substitute "6 inches" for "(jurisdiction
to insert height in inches)".
8.
Section 302.8 is deleted in its entirety and a new
Section 302.8 is enacted in lieu thereof to read as follows:
302.8 Motor vehicles. It shall be unlawful
for any person to make repairs or work on any automobile, truck or
vehicle stopped, parked or located on or about any land or premises
located in any residential zoning district; except that a person who
is a resident of said districts may make repairs or work on such vehicles
as may be registered with the Missouri Department of Revenue in the
name of such person or titled in some other lawful manner in the name
of such person, provided that the vehicles are kept in a garage or
on the street adjacent to such person's property or in a driveway
thereof and, provided further, that no unregistered and/or uninspected
and/or inoperable or dismantled vehicle shall be kept for more than
twenty-four (24) hours on any street or in any driveway or any other
place other than in an enclosed structure designed for storage of
a motor vehicle.
9.
Section 304.14 Substitute "April 1" for the first
bracketed word "Date" and substitute "October 31" for second bracketed
word "Date".
10.
Section 404.4 is deleted in its entirety and new
Section 404.4 is enacted in lieu thereof to read as follows:
404.4 Bedroom requirements. Every bedroom shall
comply with the requirements of Sections 404.4.1 through 404.4.5.
11.
Section 404.4.1 is deleted in its entirety and new
Section 404.4.1 is enacted in lieu thereof to read as follows:
404.4.1 Area for sleeping purposes. Every bedroom
occupied by one person shall contain at least 70 square feet (6.5
m 2) of floor area and every bedroom occupied by more than one person
shall contain at least 50 square feet (4.6 m 2) of floor area for
each occupant thereof.
12.
Sections 404.4.2 through 404.4.5 remain unchanged.
13.
Section 404.5 is deleted in its entirety and new
Section 404.5 is enacted in lieu thereof to read as follows:
404.5 Overcrowding. Dwelling units shall not
be occupied by more occupants than permitted by the minimum area requirements
of Table 404.5.
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Table 404.5
Minimum Area Requirements
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Space
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Minimum Area In Square Feet
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1 — 2 occupants
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3 — 5 occupants
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6 or more occupants
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Living rooma,b
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No requirements
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120
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150
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Dining rooma,b
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No requirements
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80
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100
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Bedrooms
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Shall comply with Section 404.4
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For S1: 1 square foot = 0.093 m2
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a.
See Section 404.5.2 for combined living room/dining room spaces.
b.
See Section 404.5.1 for limitations on determining the minimum occupancy
area for sleeping purposes.
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404.5.1 Sleeping area. The minimum occupancy
area required by Table 404.5 shall not be included as a sleeping area
in determining the minimum occupancy area of sleeping purposes. All
sleeping areas shall comply with Section 404.4.
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404.5.2 Combined spaces. Combined living room
and dining room spaces shall comply with the requirements of Table
404.5 if the total area is equal to that required for separate rooms
and if the space is located so as to function as a combination living
room/dining room.
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14.
Section 602.3 Substitute "October 1" for the first
bracketed word "Date" and substitute "April 30" for the second bracketed
word "Date".
15.
Section 602.4 Substitute "October 1" for the first
bracketed word "Date" and substitute "April 30" for the second bracketed
word "Date".
[R.O. 2012 §505.040; Ord. No. 323 §4, 7-9-1991]
The Building Commissioner of the City of Normandy is hereby
charged with and shall hereafter be responsible for administration
and enforcement of this Code. The Building Commissioner is authorized
to designate such other City Officials or employees as may be appropriate
to assist and represent him/her in his/her duties.
[R.O. 2012 §505.050; Ord. No. 323 §5, 7-9-1991]
Nothing in this Chapter or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, not any rights acquired, nor liability incurred, not any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 505.010 of this Chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Chapter.
[R.O. 2012 §505.060; Ord. No. 323 §6, 7-9-1991]
It is hereby declared to be the intention of the City Council
that each and every part, Section and Subsection of this Chapter and
the Property Maintenance Code adopted hereby shall be separate and
severable from each and every other part, Section and Subsection and
that the City Council intends to adopt each said part, Section and
Subsection separately and independently of any other part, Section
and Subsection. In the event that any part of this Chapter or the
Property Maintenance Code adopted hereunder shall be determined to
be or to have been unlawful or unconstitutional, the remaining parts,
Sections and Subsections shall be and remain in full force and effect.
Any person who shall violate any provision of the code adopted
in this Chapter or shall fail to comply with any of the requirements
thereof or who shall erect, construct, alter or repair a building
or structure in violation of an approved plan of or directive of the
Code Official or of a permit or certificate issued under the provisions
of this code shall be guilty of an ordinance violation punishable
by a fine of not more than one thousand dollars ($1,000.00) or by
imprisonment not exceeding ninety (90) days, or both such fine and
imprisonment. Each day that a violation continues after due notice
has been served shall be deemed a separate offense.
