[Ord. No. 604 §1, 1-13-2014]
This Chapter shall be referred to as the "Occupancy Permit Ordinance"
of the City of Ironton, Missouri. The terms of this Chapter shall
become effective and enforceable on and after July 1, 2014.
[Ord. No. 604 §2, 1-13-2014]
A.
Relevant terms within this Chapter shall be defined as set out in Subsection (B) of this Section.
B.
BASEMENT
BUILDING INSPECTOR
CELLAR
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
HABITABLE ROOM
INFESTATION
MULTIPLE DWELLING
OCCUPANT
OPERATOR
ORDINARY MINIMUM WINTER CONDITIONS
OWNER
1.
a.
b.
2.
a.
b.
c.
d.
e.
PLUMBING
REFUSE
REMODEL
SUPPLIED
TEMPORARY HOUSING
General. Whenever the words "dwelling," "dwelling unit," or "premises" are
used in this Chapter, they shall be construed as though they were
followed by the words "or any part thereof."
A portion of a building located partly or wholly underground,
contained by the building foundation, and having a concrete floor.
The person or persons so lawfully appointed by the City of
Ironton.
A portion of a building located partly or wholly underground,
but not contained by the building foundation and/or not having a concrete
floor.
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants; provided that temporary
housing shall not be regarded as a dwelling.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that serve as their food; by poisoning, spraying,
fumigating, or trapping; or by any other recognized legal pest control
methods.
The animal and vegetable waste resulting from the handling,
transportation, preparation, cooking and consumption of food.
A room of enclosed floor space used or intended to be used
by human occupants for living, sleeping, cooking or eating purposes;
provided, however, that "habitable room" shall not include a bathroom,
water-closet compartments, laundries, pantries, foyers or communicating
corridors, closets, storage spaces or basement rooms used only for
recreational purposes.
The presence, within or around a dwelling, of any insects,
rodents or other pests.
Any dwelling containing more than two (2) dwelling units.
Any person over one (1) year of age living, sleeping, cooking
or eating in, or having actual possession of, a dwelling or dwelling
unit.
Any person who has charge, care or control of a building
or premises, or part thereof, in which dwellings or dwelling units
are let.
The temperature fifteen degrees Fahrenheit (15° F.) above
the lowest recorded temperature for the previous ten-year period.
A person who, either alone or jointly and severally
with others, shall:
Have legal title to any dwelling or dwelling unit
with or without accompanying actual possession thereof;
Have charge, care or control of any dwelling or
dwelling unit as owner or agent of the owner, or as executor, executrix,
administrator, administratrix, trustee, or guardian of the estate
or trust of the owner. Any such person representing the owner shall
be bound to comply with the provisions of this Chapter and of rules
and regulations adopted pursuant thereto, to the same extent as if
he or she were the owner.
In the event the owner of any such dwelling or
dwelling unit is:
A corporation, then the president of said corporation
shall be deemed an owner and, therefore, personally obligated to ensure
that all provisions contained within this Chapter are complied with;
A limited liability company, then the managing
member, or all members if a managing member has not been so designated
pursuant to an appropriate provision contained within the limited
liability company's Articles of Organization or by resolution,
shall be deemed an owner and, therefore, personally obligated to ensure
that all provisions contained within this Chapter are complied with;
A partnership, then the managing partner, or all
partners if a partnership agreement or resolution has not been executed
designating the managing partner, shall be deemed an owner and, therefore,
personally obligated to ensure that all provisions contained within
this Chapter are complied with;
A trust, whether revocable or irrevocable, the
trustee, trustees or successor trustee then having the duty and responsibility
of controlling the trust assets shall be deemed an owner and, therefore,
personally obligated to ensure that all provisions contained within
this Chapter are complied with; or
An estate, whether a decedent's estate or
a guardian and conservatorship estate, then the personal representative,
executor, executrix, administrator or administratrix of a decedent's
estate and the guardian or conservator of the guardian and conservatorship
estate shall be deemed an owner and, therefore, personally obligated
to ensure that all provisions contained within this Chapter are complied
with.
All of the following supplied facilities and equipment: gas
pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, showers, installed clothes-washing machines, catch basins,
drains, vents and other similar supplied fixtures, together with all
connections to water, sewer and gas lines.
Combustible and noncombustible waste materials, except garbage.
The term shall include the residue from the burning of wood, coal,
coke and other combustible material, paper, rags, cartons, boxes,
wood, excelsior, rubber, tree branches, yard trimmings, tin and aluminum
cans, metals, mineral matter, glass, crockery and dust.
Removal and/or addition of one (1) or more exterior and/or
interior walls of a dwelling or dwelling unit.
Paid for, furnished or provided by or under the control of
the owner or operator.
Any tent, trailer, or other structure used for human shelter
which is designed to be transportable and which is not attached to
the ground, to another structure or to any utilities system on the
same premises for more than thirty (30) consecutive days.
[Ord. No. 604 §3, 1-13-2014]
A.
Occupancy And Inspection. This Chapter shall be applicable to all dwellings, dwelling units, premises, or any parts thereof now in existence or hereafter constructed within or incorporated into the City. The construction of new dwellings or dwelling units and the remodeling of existing dwellings or dwelling units in the City shall comply with the provisions of this Chapter and with provisions of all other applicable codes and ordinances of the City. No owner shall occupy or let to any other occupant any vacant dwelling or dwelling unit unless it is clean, sanitary and fit for human occupancy and unless it complies with all provisions of this Chapter and a fee as set forth in Section 155.010 of this Code has been paid for inspection. For each reinspection, an additional fee as set forth in Section 155.010 of this Code shall be paid. The City Building Inspector shall ensure that before a building permit is issued for a new dwelling or a major remodeling of an existing dwelling or dwelling unit and during the construction of such new dwelling or dwelling unit or remodeling, that all plans and construction comply with this Chapter and other applicable City ordinances.
B.
Inspection Report. The Building Inspector
shall utilize the attached form, marked "Exhibit A" and incorporated
herein by reference,[1] when conducting all inspections or reinspections. Said
form may be amended or updated from time to time with prior approval
of the Board of Aldermen.
[1]
Editor's Note: Exhibit A is on file in the City offices.
[Ord. No. 604 §4, 1-13-2014]
A.
Application.
1.
Prior to any person occupying a dwelling or dwelling
unit, or any owner or agent thereof permitting the occupation of same,
application by the owner or his or her agent shall be made to the
City Collector, or other City employee so designated by the City,
for the issuance of an occupancy permit. Rental property owners may
apply for an occupancy permit within ten (10) days before an anticipated
occupancy change.
2.
Said application shall be on a form provided by
the City Collector and shall include the following minimum information:
3.
All applications shall be signed by the owner,
or his or her designated agent, and submitted to the City Collector's
office, accompanied by the occupancy permit fee. It shall be unlawful
for any person to knowingly make any false statement in his or her
application for an occupancy permit.
B.
Inspection. The City Collector shall not
issue an occupancy permit until the premises have been inspected by
the Building Inspector and he or she has certified that said premises
meet the standards set forth in this Chapter.
C.
No Inspection. Premises presently occupied
by the owner, being leased, or rented, shall not require an occupancy
permit until such time as there is a change in the present occupant.
D.
Vacancy. Rental property, which becomes
vacant and reoccupied within twelve (12) months of inspection, will
not be reinspected.
E.
Fee. An initial inspection fee as set forth in Section 155.010 of this Code shall be submitted with each occupancy permit application. If a reinspection becomes necessary, before the initial issuance of an occupancy permit, then an additional fee as set forth in Section 155.010 of this Code shall be paid for each such reinspection.
F.
Time Of Inspection Or Reinspection. The
initial inspection shall be completed within five (5) business days
after an occupancy permit application and fee is tendered to the City
Collector. Each reinspection shall be completed within five (5) business
days of the applicant's notification to the City Collector that
all corrections necessary have been completed and payment of the reinspection
fee is tendered to the City Collector.
G.
Revocation Of Occupancy Permit. If an
occupancy permit is issued for a dwelling or dwelling unit with minor
defects, the defects must be resolved within thirty (30) days. If
the defects remain unresolved, the occupancy permit shall be revoked.
The dwelling or dwelling unit shall be vacated until the defects are
resolved, the dwelling or dwelling unit has been reinspected, and
a new occupancy permit has been issued.
H.
Continuing Duty To Comply With Ordinances. After an occupancy permit has been issued, the owner shall have
the continuing duty to ensure that the building, dwelling, dwelling
unit or premises remains in compliance with this Chapter.
[Ord. No. 604 §5, 1-13-2014]
A.
Compliance With Section. No person shall
occupy as owner-occupant or let to another for occupancy any dwelling
or dwelling unit, for the purpose of living, sleeping, cooking or
eating therein, which does not comply with the requirements of this
Section.
B.
Kitchen Sink. Every dwelling or dwelling
unit shall contain a kitchen sink in good working condition and properly
connected to the public water system and to the public sewer system;
provided that until such sewer connections are available, septic tanks
constructed according to the standards required by the State and properly
functioning, shall not be construed as in violation of this Section.
C.
Toilet Facilities Required. Every dwelling
or dwelling unit shall contain a room which affords privacy to a person
within the room and which is equipped with a flush water closet and
lavatory basin in good working condition and properly connected to
the public water system and to the public sewer system; provided that
until such sewer connections are available, septic tanks constructed
according to the standards required by the State and properly functioning,
shall not be construed as in violation of this Section.
D.
Bathroom Or Showers Required. Every dwelling
or dwelling unit shall contain, within a room which affords privacy
to a person within such room, a bathtub or shower in good working
condition and properly connected to the public water system and to
the public sewer system; provided that until such sewer connections
are available, septic tanks constructed according to the standards
required by the State and properly functioning, shall not be construed
as in violation of this Section.
E.
Sharing Of Bath And Toilet Facilities. The occupants of not more than two (2) dwelling units may share
a single bath or toilet facility if:
1.
Neither of the two (2) dwelling units contains
more than two (2) rooms; provided, that for the purposes of this Section,
a kitchenette or efficiency kitchen with not more than sixty (60)
square feet of floor area shall not be counted as a room;
2.
The habitable area of such dwelling units shall
equal not more than two hundred fifty (250) square feet of floor area;
3.
Such water closet, lavatory basin, and bathtub
or shower is located so that the occupants of neither dwelling unit
are required to pass through any room of the other dwelling unit to
reach the facilities;
4.
Such water closet, lavatory basin and bathtub
and/or shower shall be in good working condition and properly connected
to the public water system and to the public sewer system; provided
that until such sewer connections are available, septic tanks constructed
according to the standards required by the State and properly functioning,
shall not be construed as in violation of this Section;
5.
Such dwelling units are in the same building,
arranged so that the occupants of neither unit are required to go
outdoors to reach the facilities; and
6.
Every lavatory basin and bathtub and/or shower required under the provisions of Subsection (E)(1), (2), (3), and (4) of this Section shall be properly connected with supplied water-heating facilities, which are properly installed and maintained in safe and good working condition, and are capable of heating water to such temperature as to permit an adequate amount of hot water to be drawn at every required lavatory and bathtub and/or shower, even when the heating facilities required by this Chapter are not in operation.
F.
Water-Heating Facilities. Every dwelling or dwelling unit shall be supplied with water heating facilities which are properly installed, are maintained in a safe and good working condition, are properly connected with the hot water lines and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub and/or shower at a temperature of not less than one hundred twenty degrees Fahrenheit (120° F.). The water heater shall be supplied with a temperature/pressure relief valve and a three-quarter-inch drip leg pipe. Such supplied water heater facilities shall be capable of meeting the requirements of this Section when the dwelling or dwelling unit heater facilities required under the provisions of Section 520.060(H) are not in operation.
G.
Connection Of Sinks, Basins, Etc. With Hot And
Cold Water Lines. Every kitchen sink, lavatory basin and
bathtub or shower required under the provisions of this Section shall
be properly connected with both hot and cold water lines.
H.
Means Of Egress. Every dwelling or dwelling
unit shall have one safe, unobstructed means of egress leading to
a safe and open space at ground level which is accessible to a public
street or alley as required by the laws of this State and this City.
I.
Garbage Disposal Or Storage Facilities. Every dwelling or dwelling unit shall have adequate garbage disposal
facilities or garbage storage containers, the type and location of
which are approved by the City Building Inspector.
J.
Refuse Storage Facilities. Every dwelling
or dwelling unit shall be supplied with adequate refuse storage facilities,
the type and location of which are approved by the City Building Inspector.
K.
Smoke/Fire Detector. Every dwelling or
dwelling unit shall contain at least two (2) smoke/fire detectors
in operating condition for each floor of living area. Where possible,
smoke/fire detectors shall be located on the ceiling or wall, in the
immediate vicinity of bedrooms.
L.
Gas Appliances. Every gas appliance shall
have its own gas shutoff valve, which is properly installed, and maintained
in a safe and good working condition.
[Ord. No. 604 §6, 1-13-2014]
A.
Compliance With Section. No person shall
occupy as owner-occupant or let to another for occupancy any dwelling
or dwelling unit, for the purpose of living, sleeping, cooking or
eating therein, which does not comply with the requirements of this
Section.
B.
Ventilation Generally. Every habitable
room shall have at least one (1) window or skylight which can easily
be opened or such other device as will adequately ventilate the room.
C.
Windows Or Skylight Facing Outdoors. Every
habitable room shall have at least one (1) window or skylight facing
directly to the outdoors.
D.
Screening Of Windows, Doors, Etc. During
the period from April 1 to October 31, every door opening directly
from a dwelling unit to outdoor space, used or intended to be used
for ventilation, shall have supplied screens and a self-closing device.
Every window or other device with openings to outdoor space, used
or intended to be used for ventilation, shall have supplied screens.
Screens shall not be less than sixteen (16) mesh per inch.
E.
Prevention Of Entry Of Rodents Through Ventilation
Openings Into Basements Or Cellars. Every basement or cellar
window, used or intended to be used for ventilation, and every other
opening to a basement or cellar which might provide an entry for rodents,
shall be supplied with a screen or such other device as will effectively
prevent their entrance.
F.
Light And Ventilation Requirement For Bathrooms
And Water Closet Compartments. Every bathroom and water closet
compartment in new dwellings or dwelling units, and every remodeled
bathroom and water closet shall comply with the light and ventilation
requirements for habitable rooms contained in this Chapter, except
that no window or skylight shall be required in adequately ventilated
bathrooms and water closet compartments equipped with ventilation
and approved by the City Building Inspector. Ventilated bathrooms
and water closets shall be vented to the outside of the building.
G.
Lighting Of Public Halls And Stairway. Every public hall and stairway in every multiple dwelling containing
five (5) or more dwelling units shall be adequately lighted at all
times. Every public hall and stairway in structures devoted solely
to dwelling occupancy and containing not more than four (4) dwelling
units may be supplied with conveniently located light switches controlling
an adequate lighting system which may be turned on when needed, instead
of full-time lighting.
H.
Heating Facilities. Every dwelling and
dwelling unit shall have heating facilities which are installed in
an approved manner, are maintained in safe and good working condition,
and are capable of safely and adequately heating all habitable rooms,
bathroom and toilet rooms located therein to a temperature of at least
seventy degrees Fahrenheit (70° F.), at a distance three (3) feet
above floor level, under ordinary minimum winter conditions.
[Ord. No. 604 §7, 1-13-2014]
A.
Compliance With Section. No person shall
occupy as owner-occupant or let to another for occupancy any dwelling
or dwelling unit, for the purpose of living, sleeping, cooking or
eating therein, which does not comply with the requirements of this
Section.
B.
Electric Service. Every dwelling or dwelling
unit shall be supplied with electricity. Minimum electrical service
shall be sixty-ampere two-wire. The fuse/circuit breaker panel shall
be properly installed, shall be maintained in good and safe working
condition, and all fuses/circuit breakers shall be properly labeled
to designate which section(s) of the dwelling they provide service
to. Every habitable room of any existing dwelling shall contain at
least two (2) separate wall-type electric convenience outlets or one
(1) such wall-type convenience outlet and one (1) ceiling electric
light fixture. Every toilet room, bathroom, laundry room, furnace
room, and public hall shall contain at least one (1) ceiling or wall
type electric light fixture. Every such 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.
There shall be no uninsulated and/or exposed electric wires.
C.
Remodeled Dwellings. When a dwelling or
dwelling unit is remodeled, minimum electrical service is to be three-wire
for the newly remodeled portion of the dwelling and all new electrical
wiring. Remodeled bathrooms and kitchens shall be supplied with ground
fault circuit interrupters (GFCI).
D.
New Dwellings. All new dwellings must
be two-hundred-ampere, three-wire, and must have an outside shutoff
main. Bathrooms and kitchens in new dwellings shall be supplied with
ground fault circuit interrupters (GFCI).
E.
Ground Fault Circuit Interrupter (GFCI) Placement
In Remodeled And New Dwellings. In bathrooms and water closets,
all receptacles shall have GFCI protection. In kitchens, all receptacles
that serve countertop surfaces and all receptacles that are installed
within six (6) feet of the outside edge of the sink shall have GFCI
protection. (Per NEC 210.8)
[Ord. No. 604 §8, 1-13-2014]
A.
Compliance With Section. No person shall
occupy as owner-occupant or let to another for occupancy any dwelling
or dwelling unit, for the purpose of living, sleeping, cooking or
eating therein, which does not comply with the requirements of this
Section.
B.
Exterior Walls And Roof. Every foundation,
floor, wall, ceiling and roof shall be reasonably watertight, weathertight,
and rodentproof, and shall be kept in sound condition and good repair;
provided that all wood composition and metal siding shall be surface-coated
as required to prevent deterioration.
C.
Interior Walls And Ceilings. Every floor,
interior wall, and ceiling shall be kept in sound condition and good
repair, and constructed of a building material recognized for that
purpose.
D.
Lead-Based Paint. All exterior and interior
surfaces, previously surface-coated with lead-based paint, shall be
surface-coated with latex paint or otherwise covered with wall paper
or wall paneling. Any flaking or peeling paint shall be removed and
the surface recoated with latex paint or otherwise covered with wallpaper
or wall paneling.
E.
Windows And Doors. Every window, exterior
door and basement door or hatchway shall be reasonably weathertight,
watertight and rodentproof, and shall be kept in sound working condition
and good repair.
F.
Stairs And Porches. Every inside and outside
stair, every porch, patio, deck, and/or balcony and every appurtenance
thereto, shall be capable of supporting the load that normal use may
cause to be placed thereon; and shall be kept in sound condition and
good repair. Structurally sound handrails shall be provided on any
steps containing four (4) risers or more. Porches, patios, decks,
and/or balconies located more than thirty (30) inches higher than
the adjacent area shall have structurally sound protective guards
or hand rails.
G.
Plumbing, Fixtures, And Pipes. Every plumbing
fixture and water and waste pipe shall be properly installed and in
good sanitary working condition, free of leaks and obstruction.
H.
Bathroom And Floor Surfaces. Every toilet
room floor surface and bathroom floor surface shall be constructed
and maintained so as to be reasonably impervious to water and so as
to permit such floor to be easily kept in a clean and sanitary condition.
In the event these areas are covered by carpet, evidence of properly
constructed and maintained subfloor must be provided.
I.
Driveways And Parking. No owner or occupant
shall construct, enlarge, extend or otherwise increase the area of
any driveway or parking area with materials other than asphalt, concrete,
or gravel.
J.
Supplied Facilities, Equipment And Utilities. Every supplied facility, piece of equipment, or utility shall be
so constructed and installed that it will function safely, effectively
and shall be maintained in satisfactory working condition.
K.
Discontinuance, Removal, Or Suspension Of Required
Facilities, Services Or Utilities Prohibited; Exception. No
owner, operator, or occupant shall cause any service, facility, equipment
or utility, which is required under this Section, to be removed from
or shut off from or discontinued for any occupied dwelling or dwelling
unit let or occupied by him or her, except for such repairs or alterations
as are in process, or during temporary emergencies when discontinuance
of service is approved by the City Building Inspector.
L.
Occupying Or Leasing Of Unsanitary Dwelling Prohibited. No owner shall occupy or let to any other occupant any vacant dwelling
unit unless it is clean, sanitary and fit for human occupancy.
M.
Improper Discharge Into Public Sewer.
1.
No person shall make connection of roof downspouts, interior and exterior foundation drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. (Per Ironton City Code, Section 705.150)
2.
No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. (Per Ironton City Code, Section 705.170)
3.
Sump pumps and air conditioners/heat pumps shall
not discharge water directly or indirectly to a public sanitary sewer.
[Ord. No. 604 §9, 1-13-2014]
A.
Compliance With Section. No person shall
occupy as owner-occupant or let to another for occupancy any dwelling
or dwelling unit, for the purpose of living, sleeping, cooking or
eating therein, which does not comply with the requirements of this
Section.
B.
Floor Space Requirements, Generally. Every
dwelling or dwelling unit shall contain at least one hundred fifty
(150) square feet of floor space for the first occupant thereof and
at least one hundred (100) additional square feet of floor space for
every additional occupant thereof, the floor space to be calculated
on the basis of total habitable room area.
C.
Floor Space For Bedrooms. In every dwelling
or dwelling unit of two (2) or more rooms, every room occupied for
sleeping purposes by one (1) occupant shall contain at least seventy
(70) square feet of floor space, and every room occupied for sleeping
purposes by more than one (1) occupant shall contain at least fifty
(50) square feet of floor space for each occupant thereof.
D.
Access To Bedrooms And Bathrooms. In all
new dwellings and dwelling units, no such dwelling or dwelling unit
containing two (2) or more sleeping rooms shall have such room arrangement
that access to a bathroom or water closet compartment intended for
use by occupants of more than one (1) sleeping room can be had only
by going through another sleeping room; nor shall room arrangement
be such that access to a sleeping room can be had only by going through
another sleeping room or a bathroom or water closet compartment.
E.
Cellar Space Not To Be Used As Habitable Room. No cellar space shall be used as a habitable room or dwelling unit.
F.
Use Of Basement Space For Habitable Room. No basement space shall be used as a habitable room or dwelling
unit unless:
1.
The floor and walls are impervious to leakage
of underground and surface runoff water and are insulated against
dampness;
2.
In all new dwellings and dwelling units, every
habitable room shall have at least one (1) window or skylight facing
directly to the outdoors; and
3.
Such required window area, in all new dwellings
and dwelling units, is located entirely above the grade of the ground
adjoining such window area.
[Ord. No. 604 §10, 1-13-2014]
A.
Compliance With Section. No person shall
occupy as owner-occupant or let to another for occupancy any dwelling
or dwelling unit, for the purpose of living, sleeping, cooking or
eating therein, which does not comply with the requirements of this
Section.
B.
Litter, Trash And Junk Prohibited. Every
occupant of a dwelling containing a single dwelling unit shall be
responsible to keep the premises free of litter, trash, salvage materials,
junk, and unless stored properly, building materials. The occupant
shall keep such premises reasonably free of breeding, harboring and
feeding places for rodents and insects and shall maintain such premises
free of weed nuisance.
C.
Shared Public Areas. Every owner of a
dwelling containing two (2) or more dwelling units shall be responsible
for maintaining in a clean and sanitary condition the shared or public
areas of the dwelling and premises thereof. The owner shall keep the
shared or public areas of the premises free of litter, trash, salvage
materials, junk, and unless stored properly, building materials. The
owner shall keep such premises reasonably free of breeding, harboring
and feeding places for rodents and insects and shall maintain such
premises free of weed nuisance.
D.
Disposal Of Garbage. Every occupant of a dwelling or dwelling unit shall dispose of his or her garbage and any other organic waste which might provide food for rodents, in a clean and sanitary manner by placing it in the garbage disposal facilities or garbage storage containers required by Section 520.050(I). It shall be the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing more than four (4) dwelling units and for all dwelling units located on premises where more than four (4) dwelling units share the same premises. In all other cases, it shall be the responsibility of the occupant to furnish such facilities or containers.
E.
Disposal Of Refuse. Every occupant of a dwelling or dwelling unit shall dispose of all his or her refuse in a clean and sanitary manner by placing it in the refuse containers required by Section 520.050(J).
F.
Extermination Of Insects And Rodents. Every
occupant of a dwelling containing a single dwelling unit shall be
responsible for the extermination of any insects, rodents, or other
pests therein or on the premises. Every occupant of a dwelling unit
in a dwelling containing more than one (1) dwelling unit shall be
responsible for such extermination whenever the dwelling unit is the
only one infested. Notwithstanding the foregoing provisions of this
Section, whenever infestation is caused by failure of the owner to
maintain a dwelling in a rodentproof or reasonably insectproof condition,
extermination shall be the responsibility of the owner. Whenever infestation
exists in two (2) or more of the dwelling units in any dwelling, or
in the shared or public parts of any dwelling containing two (2) or
more dwelling units, extermination thereof shall be the responsibility
of the owner.
G.
Plumbing Fixtures. Every occupant of a
dwelling unit shall keep all plumbing fixtures therein in a clean
and sanitary condition and shall be responsible for the exercise of
responsible care in the proper use and operations thereof.
H.
Screens And Storm Doors. Every owner of
a dwelling or dwelling unit shall be responsible for providing all
screens and double or storm doors and windows whenever the same are
required under the provisions of this Chapter or of any rule or regulation
adopted pursuant thereto. Every occupant of a dwelling or dwelling
unit shall be responsible for hanging all screens and double or storm
doors and windows whenever the same are required under the provisions
of this Chapter or of any rule or regulation adopted pursuant thereto,
except where the owner has agreed to supply such service.
[Ord. No. 604 §11, 1-13-2014]
A.
Notice. Whenever the City Building Inspector determines that there has been a violation of any provision of this Chapter, except as has been provided for in Section 520.040(G), he or she shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall:
1.
Be in writing;
2.
Particularize the violation alleged to exist or
to have been committed;
3.
Allow a reasonable time for the correction of
the violation particularized;
4.
Be addressed to and served upon the owner of the
property and/or the operator of the dwelling or dwelling unit, or
the occupant of the dwelling or dwelling unit concerned. Such notice
shall be deemed to be properly served upon such owner, operator, or
occupant if a copy thereof is served upon him or her personally or
if a copy thereof is sent by certified mail to his or her last known
address. If the notice cannot be served by the aforesaid, service
of the notice may be made upon such person or persons by posting the
notice in a conspicuous place on or about the dwelling affected by
the notice in which event the City Building Inspector shall make a
statement for inclusion in the record as to why such posting was necessary;
and
5.
State that occupancy will not be permitted, or
will be revoked, unless the alleged violation is corrected.
B.
Posting. In addition to giving notice
of alleged violations, as herein provided, the City Building Inspector
may appropriately placard such dwellings or dwelling units that have
been determined to be in violation of any provisions of this Chapter.
The placard shall include, but not be limited to, a statement that
the dwelling or dwelling unit is in violation of the provisions of
the Minimum Standards for Dwellings of the City of Ironton, Missouri.
The City Building Inspector shall remove such placard whenever the
violations particularized in the notice have been corrected. No unauthorized
person shall deface, remove or obscure any placard affixed under the
provisions of this Subsection. If the dwelling or dwelling unit is
vacant at the time of placarding, it shall not be used for human habitation
until the violations particularized in the notice have been corrected
and written approval secured from, and the placard removed by, the
City Building Inspector.
C.
Emergency Order. Whenever the City Building
Inspector or his or her designated representative finds that an emergency
exists which requires immediate action to protect the public health,
safety or welfare, he or she may without notice or hearing issue an
order reciting the existence of such an emergency and requiring that
such action be taken as he or she deems necessary to meet the emergency.
Notwithstanding the other provisions of this Chapter, such order shall
be effective immediately, and any person to whom such order is directed
shall comply therewith immediately.
D.
Variance. A property owner may request
a variance by the Board of Aldermen from the literal provisions of
this Chapter in instances where strict enforcement would cause undue
hardship due to circumstances unique to the individual property under
consideration. The property owner shall file in the office of the
City Clerk a written petition requesting such variance and setting
forth a brief statement of the grounds therefor, within ten (10) days
after the notice was served. Upon receipt of such petition, the Board
of Aldermen shall set a time and place for a meeting and shall give
the petitioner notice that he or she shall be given an opportunity
to be heard and to show why such variance should be granted. The Board
of Aldermen will only grant variances when it is demonstrated that
such action will be in keeping with the spirit and intent of the provisions
of this Chapter. The Board of Aldermen may impose conditions in the
granting of a variance to ensure compliance with this Chapter. Variances,
granted by the Board of Aldermen, will perpetuate with the property,
and remain in effect should the property be transferred to a different
owner.
E.
Variance Prior To Inspection Or Notice. Whenever a property owner is aware that his or her dwelling or dwelling
unit may, if inspected and prior to the issuance of a notice of violation
or inspection by the Building Inspector, request a variance from the
literal provisions of this Chapter in instances where strict enforcement
would cause undue hardship due to circumstances unique to the individual
property under consideration. The property owner shall file in the
office of the City Clerk a written petition requesting said variance
and setting forth a brief statement of the grounds therefor. Upon
receipt of such petition, the Board of Aldermen shall set a time and
place for a meeting and shall give the petitioner notice that he or
she shall be given an opportunity to be heard and show cause why such
variance should be granted. Said hearing shall be conducted within
a reasonable time of the date of the filing of the petition but not
later than thirty (30) days after the date said petition has been
filed with the City Clerk. The Board of Aldermen will only grant variances
when it is demonstrated that such action will be keeping with the
spirit and intent of the provisions of this Chapter. The Board of
Aldermen may impose conditions in the granting of a variance to ensure
compliance with this Chapter.
F.
Hearing.
1.
Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this Chapter, except as has been provided for in Section 520.040(G), who is aggrieved thereby, and who believes the same to be contrary to the policies or regulations of this Chapter, may request and shall be granted a hearing, before the Board of Aldermen, provided that such person shall file in the office of the City Clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor, within the ten (10) days after the notice was served. Upon receipt of such petition, the Board of Aldermen shall set a time and place for such hearing and shall give the petitioner notice that he or she shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.
2.
After such hearing, the Board of Aldermen may
sustain, modify or withdraw the notice, depending upon its finding
as to whether the provisions of this Chapter have been complied with.
If the Board of Aldermen sustains or modifies such notice, it shall
be deemed to be an order. Any notice served pursuant to this Chapter
shall become an order if a written petition for a hearing is not filed
in the office of the City Clerk within ten (10) days after such notice
is served.
3.
The proceedings at such hearing before the Board
of Aldermen shall be recorded and the findings and decision of the
Board of Aldermen shall be reduced to writing, and entered as a matter
of public record in the office of the City Clerk. Such record shall
also include a copy of every notice of order issued in connection
with the matter.
G.
Revocation Of Permit. When, after a hearing
in the case of any notice suspending any permit required by this Chapter
and such notice has been sustained by the Board of Aldermen, the permit
shall be deemed to have been revoked. Any such occupancy permit which
has been suspended by notice shall be deemed to be automatically revoked
if a petition for hearing is not filed in the office of the City Clerk
within ten (10) days after such notice is served.
H.
Penalty. Any property owner who allows
a dwelling or dwelling unit to be occupied without an occupancy permit
issued by the Building Inspector, or any person failing to comply
with an order of the Board of Aldermen shall be guilty of an ordinance
violation and, upon conviction of such, shall be fined not exceeding
three hundred dollars ($300.00) for each offense and each and every
day of such allowance or failure to comply shall be deemed a separate
offense.
I.
Right To Appeal. Any owner, occupant, lessee, mortgagee, agent or any other person(s) having an interest in an inspected property as shown by the land records of the Recorder of Deeds of Iron County may appeal such decisions to the Circuit Court of Iron County as provided for in Sections 536.100 to 536.140, RSMo., if a proper record as defined in Section 536.130, RSMo., is maintained of the hearing provided for in Subsections (C), (D), (E) or (F) hereof. Otherwise, the appeal shall be made pursuant to the procedures provided for in Section 536.150, RSMo.
[Ord. No. 604 §11, 1-13-2014]
In any case where a provision of this Chapter is found to be
in conflict with a provision of any zoning, building, fire, safety,
or health regulation or code of the City, the provision which establishes
the higher standard for the promotion and protection of the health
and safety of the people shall prevail. In any case where a provision
of this Chapter is found to be in conflict with a protection of any
other regulation or code of the City which establishes a lower standard
for the promotion and protection of the health and safety of the people,
the provisions of this Chapter shall be deemed to prevail, and such
other regulations or codes are hereby declared to be repealed to the
extent that they may be found in conflict with this Chapter.