Cross References — Building, ch. 500; dangerous buildings, ch. 505; electricity, ch. 515; fire prevention and protection, ch. 205; fuel gas code, ch. 520; nuisances, ch. 235; mobile homes, ch. 535; mechanical code, ch. 525; planning and zoning commission, ch. 415; plumbing, ch. 530; urban renewal, ch. 410; utilities, title VII; subdivisions, §400.020; zoning, §400.010.
[R.O. 2012 §510.010; Ord. No. 91-3-3 §V, 3-18-1991; Ord. No. 92-11-1 §III, 2-8-1993; Ord. No. 98-4-1, 4-20-1998; Ord. No. 99-9-8, 9-20-1999; Ord. No. 2000-10-2 §§1
— 2, 10-9-2000; Ord. No. 05-6-4 §§1 — 2, 6-6-2005; Ord. No. 12-09-02 §1, 9-4-2012; Ord. No. 2013-05-07 §5, 5-20-2013; Ord. No. 22-02-08, 2-22-2022]
A.
The 2018 International Property Maintenance Code, as published by
the International Code Council, is for all intents and purposes adopted
and incorporated by reference in this Chapter as if fully set forth
herein, except insofar as the same may be in conflict with this Code
of Ordinances in which case the more restrictive provision shall apply.
B.
A copy of the 2018 International Property Maintenance Code is on
file and open for inspection of the public in the office of the City
Clerk of the City of Excelsior Springs.
C.
The following section(s) of the 2018 International Property Maintenance
Code are omitted and not hereby incorporated as the following identically
numbered sections are adopted in lieu of:
1.
Section 101.1 Title. These regulations shall be
known as "the International Property Maintenance Code of the City
of Excelsior Springs," hereinafter referred to as "this code."
2.
Section 103.5 Fees. The fees for activities and
services performed by the department in carrying out its responsibilities
under this code shall be in accordance with the schedule of fees and
charges as adopted by the City of Excelsior Springs, Clay County,
Missouri.
3.
Section 111.1 Application for Appeal. Any person
directly affected by a decision of the code official or a notice or
order issued under this code shall have the right to appeal to the
Director of Community Development, provided that a written application
for the appeal is filed within twenty (20) days after the day the
decision, notice or order was served. An application for appeal shall
be based on a claim that the true intent of this code or the rules
legally adopted thereunder have been incorrectly interpreted, the
provisions of this code do not fully apply, or the requirements of
this code are adequately satisfied by other means.
4.
Sections 111.2-111.111.6.2 are deleted.
5.
Section 302.4 Weeds. Insert seven (7) inches.
6.
Section 302.7. Accessory structures. Accessory
structures, including detached garages, carports, gazebos, decks,
platforms, sheds, retaining walls, fences and walls, shall be maintained
structurally sound and in good repair.
[R.O. 2012 §510.020; Ord. No. 85-11-2 §9, 11-4-1985; Ord. No. 99-9-8, 9-20-1999; Ord. No. 12-09-02 §1, 9-4-2012]
There is hereby adopted, by reference, the Housing Rehabilitation
Standards and incorporated as fully as if set out herein. A copy of
said Housing Standards shall be on file with the City Clerk of the
City of Excelsior Springs, and shall at all times be available to
the public for examination.
[R.O. 2012 §510.030; Ord. No. 92-9-3, 10-5-1992; Ord. No.
94-10-7 §I, 10-10-1994; Ord. No. 99-9-8, 9-20-1999; Ord. No. 04-6-5, 6-21-2004; Ord. No. 12-09-02 §1, 9-4-2012; Ord. No. 15-01-01 §1, 1-20-2015]
A.
Statement Of Intent.
1.
The intent of the City Council in passing this Chapter is to
provide a means of protecting the health and safety of persons who
occupy residential dwelling units in Excelsior Springs. The inspection
is not designed to impose any undue hardship on the property owners
by causing them to make unnecessary and costly improvements to their
respective properties, but rather to provide safe and sanitary dwelling
units, particularly rental units, to future residents of our community.
2.
The inspection will not require that existing dwelling units
be brought up to present new construction Building Code standards,
rather the inspection will check for health and safety measures and
sanitation. Exterior areas will also be inspected to ensure that they
are reasonably clear of trash and debris. The inspections will check
for serious electrical, plumbing, and structural defects as well as
acceptable levels of sanitation. Minor problems, such as worn carpet
or floor covering or other minor non-health and safety items, will
not constitute a violation.
B.
Occupancy Inspections.
1.
Residential occupancy inspections will be conducted no less often than every two (2) years upon vacancy. It is the responsibility of the property owner to schedule inspections, unless exempt as provided in Subsection (B)(2). An occupant can request an inspection at any time. All residential inspections shall inspect for conformance to minimum housing, building and sanitation standards, including but not limited to interior and exterior conditions and grounds. The inspection shall include, but not be limited to, the following general guidelines:
|
Inspection Check List
|
a.
Unit interior.
(1)
Electricity, plugs and/or overhead light in each
room, GFIs within six (6) feet of sinks.
(2)
Electrical hazards visible, i.e., switch and plug
covers.
(3)
Security, windows, lock on first floor, locks on
doors.
(4)
Window condition: no broken windows, screens on
windows.
(5)
Ceiling and wall condition: no holes or sagging
plaster.
(6)
Floor condition: no tripping hazards, carpet reasonably
clean.
(7)
Interior paint: no peeling paint, lead free if
there are to be children living in the unit.
(8)
Kitchen stove or range: all burners and oven must
light from pilot.
(9)
Sink: faucets must work and sink must drain.
(10)
Bathroom: no leaks at toilet, must have window
or exhaust fan.
(11)
Bedroom: must have door for privacy, at least
one (1) window, at least 5.7 square feet; wall plugs and light.
b.
Building exterior.
(1)
Condition of foundation: no major cracks.
(2)
Condition of stairs, rails and porches: must have
handrail on three (3) or more steps.
(3)
Roof should not leak.
(4)
Exterior paint should not be peeling.
(5)
Yard conditions: must be free of debris, trash
and junk, including furniture, appliances and abandoned vehicles,
grass and weeds under eight (8) inches in height.
2.
A property owner, landlord, agent, builder, developer, or other
party involved in the provision of rental housing units shall provide
to the City a list of current tenants for each calendar year, such
list to be provided to the City at the time of each such party's annual
license renewal. That tenant list shall include each tenant's full
legal name and any known aliases, as well as each tenant's address
or room of occupancy. Each such party involved in the provision of
rental housing shall likewise notify the City of any change in occupancy,
such notice to include the status of occupancy of the room or address
as well as the name or names of new tenants, prior to any inspection
pursuant to this Section, or within thirty (30) days of any such change,
whichever date is earlier. As used in this Section, the tenant list
required to be provided shall only need to contain the name(s) of
the person(s) identified in the written lease agreement (regardless
of how it is titled) for the use of the housing unit in the capacity
of lessee or renter, or, in the case of a verbal lease agreement,
the name(s) of the person(s) whom the owner has agreed to lease the
housing unit to in the capacity of lessee or renter. A property owner,
landlord, agent, builder, developer, or other party involved in the
provision of rental housing units shall schedule inspections of all
units upon a change of ownership of the property, or change of occupancy
of an individual unit after any dwelling/unit is vacated and prior
to any new occupancy of the vacated unit unless the individual unit
has satisfactorily passed an inspection within the previous twenty-four
(24) months; but shall schedule inspections of all units no less often
than every two (2) years unless exempt due to continuous occupancy
as provided herein. A property owner, landlord, agent, builder, developer,
or other party involved in the provision of rental housing units may
annually provide a certification of continuous occupancy for units
occupied by the same tenant and for which no inspection is being requested.
If the unit remains occupied by the same tenant, the most recent inspection
shall remain in effect; and no new inspection shall be required.
[Ord. No. 21-02-01, 2-16-2021]
3.
Occupation licenses will not be approved until such time as tenant lists are provided to the City and inspections are completed or continuous occupancy certifications are received. In addition to those provisions set forth in Subsection (C), the City shall have available all remedies to redress any violation of this Section, including those Powers of Council as set forth in Section 77.100, RSMo.
[Ord. No. 21-02-01, 2-16-2021]
C.
Penalty. No property owner, landlord, agent, builder, developer or other party involved in the provision of rental housing units shall allow occupancy of a unit without an inspection required by Subsection (B). Any violation of this Subsection shall be an infraction with a fine of two hundred fifty dollars ($250.00) for each and every day that such violation continues to be assessed against and incurred by the offending party.
