[Ord. No. 2010-06 §1(15.01), 2-8-2010]
A.
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.
B.
Requirements — Minimum Standards.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
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.
9.
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.
10.
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.
11.
Structural members. All structural members shall
be maintained structurally sound and capable of supporting the imposed
loads.
12.
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.
13.
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.
14.
Accessory structures. All accessory structures,
including detached garages, fences and walls shall maintained structurally
sound and in good repair.
15.
Basement hatchways. Every basement hatchway shall
be maintained to prevent the entrance of rodents, rain and surface
drainage water.
16.
Yards. All yards must be graded to prevent accumulations
of stagnant water and must be free of accumulated junk, debris and
refuse.
17.
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.
18.
Gutters and downspouts. Gutters and downspouts,
where installed, must be kept in good functional repair and be free
from rust, decay or peeling paint.
19.
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.
20.
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.
21.
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.
22.
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]
A.
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]
A.
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:
1.
The name, address and phone number of the owner of the structure
and his or her agent as designated.
2.
The type of business to be operated at this address.
3.
Any other information so provided on the form as necessary to complete
the application.
4.
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]
A.
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:
1.
A formal request for a hearing.
2.
A photocopy of the inspection findings.
3.
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.
B.
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.
C.
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.
D.
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]
A.
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.
B.
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.
