[Ord. No. 2010-06 §1(15.01), 2-8-2010]
The purpose of this Chapter is to promote the health, safety, and general welfare of the City of Bonne Terre, to protect property values and provide for orderly, appropriate development and growth of the community.
Requirements — Minimum Standards.
Bathrooms. If an electrical outlet is present, it shall be protected by a GFCI type outlet. All fixtures must be in good working order. Sinks must have both hot and cold water and be able to produce one hundred ten degrees Fahrenheit (110°F) from the hot side. All plumbing fixtures shall drain to an approved sewage disposal system.
Laundry area. All laundry areas, if present, shall have a grounded outlet for the washing machine, with the ground being functional. If ground is not available, a GFCI outlet shall be required.
Kitchens. A GFCI outlet shall be installed in all kitchens where the outlets are installed to serve the countertop surfaces and are located within six (6) feet of the outside edge of the sink, this also pertains to mop sinks, wet bars and any other open water sources, and the above GFCIs shall be maintained in good working order. All kitchens shall have hot and cold running water and all fixtures shall be maintained in good working order.
Electrical. All electrical splices shall be in a box with proper covers and connectors and wires entering furnaces, water heaters, garbage disposals, signs and other appliances or equipment shall be secured with proper connectors. Every switch, outlet and fixture shall be properly installed and be repaired with the proper plugs to secure these openings. Any other hazardous condition must be remedied when threatening to human life or safety.
Heating. Every building office, kitchen, bathroom or showroom shall have heating facilities capable of maintaining a temperature of sixty-eight degrees Fahrenheit (68°F) or greater when the outside temperature is zero degrees (0°). Such heating equipment must be connected safely to the heat source and properly vented, if necessary. This does not pertain to storage areas and shop areas not intended to be heated.
Foundations, walls and roofs. Every foundation, wall and roof shall be maintained in weather-tight, water-tight and rodent-proof condition and kept in good repair.
Plumbing. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than one hundred ten degrees Fahrenheit (110°F). Water heaters shall have an approved combination temperature and pressure relief valve and a relief valve discharge pipe of three-quarter (¾) inch diameter to be installed to a height of six (6) inches above the floor. All plumbing fixtures shall be properly installed and maintained in good working order and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which the said plumbing fixtures are designed.
All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. All food preparation and dishwashing sinks shall be connected to a properly installed and maintained grease trap which shall be inspected yearly by the City or its designee.
Doors and windows. All windows shall be kept in good repair, weather-tight, free from cracks and holes, with proper glazing materials free of defects to hold the glass in place. Every door, frame and hardware shall be kept in good repair, sound condition and free from holes and defects.
Sidewalks and driveways. All sidewalks, driveways, walkways, stairs, parking spaces and similar areas shall be kept in a proper state of repair and maintained free of hazardous conditions.
Stairways, handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Every exterior and interior flight of stairs having more than four (4) risers and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than thirty (30) inches above the floor or grade below shall have guards. Handrails shall not be less than thirty (30) inches nor more than forty-two (42) inches high, measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than thirty (30) inches high above the floor of the landing or walking surfaces. Guards shall not be less than thirty (30) inches high above the floor of the landing, balcony, porch, deck, ramp or other walking surface. All stairs, decks, porches and appurtenances shall be maintained in a safe condition and in good repair.
Structural members. All structural members shall be maintained structurally sound and capable of supporting the imposed loads.
Interior surfaces. All interior surfaces shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.
Access by owner or operator. Every occupant, renter or lessee of a building, structure or premises shall give the owner or operator thereof, or agent or employee, access to any part of such structure or its premises at reasonable time for the purpose of making such inspection, maintenance, repairs or alterations as necessary to comply with the provisions of this Code.
Accessory structures. All accessory structures, including detached garages, fences and walls shall maintained structurally sound and in good repair.
Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
Yards. All yards must be graded to prevent accumulations of stagnant water and must be free of accumulated junk, debris and refuse.
Protective coatings. All wood or metal exterior surfaces including, but not limited to, window frames, cornices, porches and trim shall be maintained in good condition. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted, applied in an appropriate and workmanlike manner.
Gutters and downspouts. Gutters and downspouts, where installed, must be kept in good functional repair and be free from rust, decay or peeling paint.
Fire safety. In the interest of fire safety, one (1) working fire alarm must be installed at the highest level of each room or area and each floor of any multi-story building for each six hundred (600) feet of space. This does not pertain to large open shop areas where welding and other smoke-producing applications would hinder smoke alarm operation.
Building address numbers. Address numbers of at least three (3) inches in height shall be affixed to the exterior of the building facing the street in front and shall be larger if necessary to be able to read by emergency personnel from the street in front of the building.
Signs. All signs shall comply with Sections 405.460 — 405.630, Signs and Billboards, of the Municipal Code of the City of Bonne Terre, Missouri 63628 and the electrical part (Subsection (B)(4)) of this Section. All outside wiring to signs shall be protected by flexible, water-tight or acceptable conduit. In the event a business goes out, all signs having that business name displayed shall be removed immediately.
Dumpsters. All commercial businesses will have a dumpster sized for the type of business being operated. All dumpsters will be enclosed with a fence constructed of masonry, vinyl or wood with gate. Enclosure shall be kept in good condition at all times. (i.e., no broken hinges, rotted boards, missing or damaged materials of any kind).
[Ord. No. 2010-06 §1(15.01.10), 2-8-2010]
Owners of commercial buildings such as strip malls or buildings that share common roofs and walls shall be responsible for keeping the exterior of the entire complex in good repair.
[Ord. No. 2010-06 §1(15.01.20), 2-8-2010]
[Ord. No. 2010-06 §1(15.01.30), 2-8-2010]
The City Code Enforcement Officer will make all necessary inspections for the enforcement of this Chapter and to authorize or disapprove of the issuance of occupancy permits for commercial use based on compliance with the terms of this Chapter.
[Ord. No. 2010-06 §1(15.01.40), 2-8-2010]
It is unlawful for any person to hereafter occupy, or for any owner or agent thereof to permit the occupation of, any commercial structure for any purpose until certificate of occupancy has been issued by the City. The certificate of occupancy so issued shall state that the occupancy complies with all the provisions of this Chapter. Any owner, occupant or agent that permits the occupation of the structure before an occupancy permit has been issued shall have the water and sewer services terminated and other penalties as provided by this Chapter.
[Ord. No. 2010-06 §1(15.01.50), 2-8-2010]
Prior to any person occupying a commercial structure of any owner or agent thereof permitting the occupation of said structure, the owner or his or her agent shall make application to the City for an occupancy permit. The application shall be on a form provided by the City and shall include the following minimum information:
The name, address and phone number of the owner of the structure and his or her agent as designated.
The type of business to be operated at this address.
Any other information so provided on the form as necessary to complete the application.
The application shall be signed by the owner or his designated agent and submitted to City Hall accompanied by a fee of fifty dollars ($50.00). It is unlawful for any person to knowingly make a false statement in his or her application for an occupancy permit.
[Ord. No. 2010-06 §1(15.01.60), 2-8-2010]
The initial inspection shall be carried out within fourteen (14) days of the date the application is submitted. When the inspection authority determines there are one (1) or more items of non-compliance with the remedial action necessary to correct the non-compliance. This notice shall be in writing. All items must be corrected prior to the issuance of an occupancy permit. If adverse weather affects any outside painting issues, the inspection authority will give a date the issues must be corrected by and a temporary occupancy permit will be issued and will expire upon that date and the business shall be terminated until a permanent occupancy permit is acquired. One (1) reinspect will be made at no cost to determine compliance with the items in the original inspection report, any other reinspections will be done at a cost of twenty-five dollars ($25.00). Inspections shall no longer be valid after ninety (90) days. If the structure does not become occupied within ninety (90) days of being found to be in compliance, another inspection with the required fee to be paid will be necessary.
[Ord. No. 2010-06 §1(15.01.70), 2-8-2010]
Any person affected by any notice or order related to denial of issuance of an occupancy permit may request and shall be granted a hearing on the matter before the City Council. To request a hearing to appeal, the owner or agent must file a request in writing to the City Clerk stating the following:
A formal request for a hearing.
A photocopy of the inspection findings.
A brief statement why the person affected feels the actions by the inspection authority are unjustified, unwarranted or otherwise invalid or unenforceable. Such appeal proceedings shall stay all proceedings in furtherance of the matter until a final decision by the City Council.
Appeal proceedings will be open to the public and shall be held no longer than thirty (30) days from the date of the request received in writing. Notice of the date and time and location of the hearing will be posted in the usual place for posting of public notices.
The City Council will render their decision after hearing comments from the aggrieved party and the inspection authority. The City Council may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from, make such order, requirement, decision of termination as ought to be made under the provisions of this Chapter.
Variances may be granted by the City Council when strict enforcement of this Chapter would cause an undue hardship or be impossible to comply. However, in no case, may the City Council award a variance when immediate human health or safety is involved. Decisions of the City Council shall be made by a majority vote and recorded in the minutes and shall be final.
[Ord. No. 2010-06 §1(15.01.70), 2-8-2010]
All vacant commercial buildings shall be posted with a sticker stating that a permit must be obtained to occupy. It is unlawful to remove this sticker.
[Ord. No. 2010-06 §1(15.01.80, 2-8-2010]
Each individual commercial business shall be metered separately. It is unlawful to tamper with the water meter or any of the parts owned by the City pertaining to water service. The City is responsible from the main line to and including the meter. The owner is responsible from the meter to and including the building.
Any person convicted of a violation of any provision of this Chapter shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment. Each day that such violation continues may be considered a separate offense.