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City of Gerald, MO
Franklin County
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Table of Contents
Table of Contents
[Ord. No. 874, 8-9-2018[1]]
The purpose of the Residential Rental Occupancy Permit Program is to provide for the health, safety and general welfare of the residents of the City of Gerald through the establishment of a permit inspection program. The program shall monitor the general condition of Rental Dwelling Units within the City through the establishment of a regularly scheduled inspection procedure. At a minimum, the health and safety occupancy inspection shall review the following areas of potential health and safety concerns to assure that all necessary utility services are provided and functioning properly: all HVAC systems are in working condition; all plumbing fixtures are in proper working condition; no unsafe electrical hazards exist; the structure is structurally sound; all windows are in place, unbroken and function properly; plaster and paint on walls are not peeling or flaking; there is no accumulation of trash, debris, chemicals or fabric which could pose a fire hazard; there are no insect or rodent infestations; and the exterior of the structure meets all property maintenance codes consistent with Section 500.105 of this Code.
[1]
Editor's Note: Former Article IX, Occupancy Permit Program, containing Sections 500.200 through 500.250, was repealed 8-9-2018 by Ord. No. 874.
[Ord. No. 874, 8-9-2018]
A. 
For the purpose of this Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ADMINISTRATIVE OFFICER
An officer or individual having specific authority to administer the regulations of this Article, to include the City Building Inspector.
CRIMINAL ACTIVITY
The commission, attempted commission, conspiracy to commit or the solicitation, coercion or intimidation of another person to commit any crime which is chargeable by indictment or information under Missouri law, including, but not limited to:
1. 
Chapter 195, RSMo., relating to drug regulations;
2. 
Chapter 570, RSMo., relating to stealing and related offenses;
3. 
Chapter 567, RSMo., relating to prostitution; or
4. 
Chapter 571, RSMo., relating to weapons.
RENTAL DWELLING UNIT
A single unit providing complete, independent living facilities for one (1) or more persons, including permanent provision for living, sleeping, eating, cooking and sanitation, which is rented or leased for fixed or periodic increments of time pursuant to an oral or written agreement.
[Ord. No. 874, 8-9-2018]
A. 
It shall be unlawful after the adoption of this Article for any person to occupy any Rental Dwelling Unit for any purpose until the owner or agent for the occupant has an occupancy certificate issued by the City of Gerald. A certificate shall be valid until such time as an inspection is required. The owner of a Rental Dwelling Unit may receive an occupancy certificate by completing an application, on a form prescribed by the City Clerk, and paying the application fee as provided in Chapter 100.
B. 
The certificate shall state that the dwelling unit and any adjacent common area, if applicable, has been inspected and that the same is in compliance with the provisions of this Article. The certificate shall also state the name and address of the owner and name and address of the prospective or current tenant.
C. 
It shall be unlawful for any person to knowingly make any false statement in an application for a certificate.
D. 
By issuing an occupancy certificate, the City does not intend to and does not warrant, insure or guarantee to the holder thereof, to his/her assignee or to any other person that there are no violations of any provision of this Chapter or any other ordinance. The City makes no warranty or representation whatsoever as to the condition of the unit or building.
[Ord. No. 874, 8-9-2018]
A. 
The City of Gerald is authorized to and may make inspections of structures and of the rental dwelling units and adjacent common areas, if any, upon any change in occupancy thereof after the adoption of this Article. At the discretion of the Administrative Officer, an inspection upon a change in occupancy may be waived if it is found that the structure/unit in question has passed an occupancy inspection within the six (6) months immediately preceding the application/request.
B. 
The inspections shall be for the purpose of determining whether the dwelling structure/unit and the adjacent common areas, if any, conform to the requirements of this Article. Under this Article, common areas shall not be subject to independent inspection but shall only be inspected in conjunction with the inspection of an adjacent dwelling unit.
C. 
For the purpose of making the inspection, the Administrative Officer is authorized to enter, examine and survey the premises by appointment with the knowledge of the owner and tenant if occupied.
D. 
The inspection shall determine compliance with the basic health and safety requirements of the Building Code, maximum occupancy of unrelated persons and the Property Maintenance Code.
E. 
If a violation is found, the owner shall be given a reasonable length of time to make repairs prior to re-inspection. A temporary certificate shall be issued while repairs are being made, unless a violation renders the premises unfit for human habitation, as determined in writing by the City of Gerald. No final certificate shall be issued until the structure/dwelling unit and the common area comply with the requirements of this Article.
F. 
All occupancy inspections, other than those called for by the property owner shall be scheduled by the owner/landlord of the dwelling unit.
G. 
Appeals from decisions of the Administrative Officer shall be filed with the Board of Adjustment. The procedures for appeal and for the meetings, hearings and decisions of the Board shall be the same as set forth elsewhere in the Code of Ordinances of the City of Gerald.
H. 
The Board of Aldermen may, from time to time, enact and amend a "Real Property Inspection Checklist" for guidance and instructional purposes for use by the Building Inspector in an effort to carry out the above described inspection. The checklist shall be made available to the public in the office of the City Clerk, at City Hall.
[Ord. No. 874, 8-9-2018]
A. 
If a rental dwelling unit is the site of criminal activity, then the following procedure shall be used to inspect the dwelling unit and to determine frequency of re-inspections:
1. 
The Chief of Police may request the Administrative Officer/Building Inspector to inspect a dwelling unit which was a site of criminal activity to determine compliance of the property.
2. 
The property owner shall permit the Administrative Officer/Building Inspector to immediately inspect the dwelling unit to determine compliance of the property. If the property owner fails to permit such an inspection the Administrative Officer/Building Inspector may, in his or her discretion, revoke the occupancy certificate.
3. 
After the initial inspection of a unit, the Chief of Police and Administrative Officer/Building Inspector are authorized to determine whether the premises shall be re-inspected and the property owner shall permit the Administrative Officer/Building Inspector to re-inspect the premises. If the property owner fails to permit such an inspection the Administrative Officer/Building Inspector may, in his or her discretion, revoke the occupancy certificate.
[Ord. No. 874, 8-9-2018]
Penalties for violation of this Article shall be as provided in Section 500.190 of this Chapter.