[R.O. 1993 § 502.030; Ord. No. 2820 § 1, 4-9-2014]
A. 
Occupancy Permit Required For Residential Rental Property Dwelling Unit. No owner of a residential rental property shall rent, lease, or sublease, and no person shall occupy as a tenant, any dwelling unit within residential rental property located within the City of Charleston, Missouri, without a valid current occupancy permit issued for such dwelling unit by the City of Charleston, Missouri, as hereinafter provided.
B. 
Exemptions. The provisions of this Chapter shall not apply to public housing owned or operated by or under contract with the United States Department of Housing and Urban Development (HUD), the State of Missouri (e.g., Missouri Department of Corrections), the Mississippi County jail facility, and hotels and motels which rent only sleeping rooms to transient guests; provided, however, that residential rental property that qualifies for and receives federal rent subsidy under the federal program known as "Section 8"[1] shall not be exempt from this Chapter.
[1]
Editor's Note: "Section 8" is also known as the "Housing Choice Voucher Program."
[R.O. 1993 § 502.040; Ord. No. 2820 § 1, 4-9-2014; Ord. No. 2913, 9-12-2017]
All residential rental property and all dwelling units located therein must conform to all applicable Federal, State and City of Charleston housing codes and regulations, including but not limited to the City of Charleston's building, plumbing and electrical codes, property maintenance code and the residential rental property inspection criteria approved, adopted and amended from time to time by the Charleston City Council which shall be on file with the City Clerk.
[R.O. 1993 § 502.050; Ord. No. 2820 § 1, 4-9-2014]
A. 
Registration Deadline. All residential rental property and each dwelling unit located therein shall be registered by the owner thereof with the City of Charleston by not later than December 31, 2014. Thereafter, all newly constructed residential rental property and dwelling units located therein and all other houses, buildings or structures whose use is converted to residential rental property and dwelling units located therein, shall be registered within thirty (30) days after such construction or conversion is completed and before the property is offered or made available for rent or lease.
B. 
Registration Required Information. The registration shall state the name(s), address and telephone number of each owner, the street address of the residential rental property, and the number of dwelling units contained therein, and the name(s) and address(es) of each tenant then occupying said property. The registration shall be dated and signed by the owner(s) or his authorized agent or representative who shall also provide documentary proof of the agent or representative's legal authority to act on behalf of the owner (e.g., power of attorney or other legal document).
C. 
Consent To Entry For Inspection. The registration shall state the owner consents to City officials entering upon the residential rental property and each dwelling unit located therein during regular business hours for the purpose of conducting the inspections required by Section 510.060 below.
D. 
Methods Of Registration. Registration may be made by means of completing and filing with the City either a printed form or an online registration form on the City's official website. The City Manager shall develop appropriate registration forms and procedures to administer this requirement.
E. 
Delinquent Taxes Not A Bar To Registration. Residential rental property upon which delinquent real property taxes are owed may be registered. However, no inspections will be scheduled or performed and no occupancy permit issued therefor until such delinquent taxes and applicable penalties and interest are paid in full.
F. 
Re-registration Not Required; Exceptions. Once a residential property and all dwelling units located therein are properly registered hereunder, it will not be necessary for the owner to register said property and dwelling units again unless the property ceases to be used as residential rental property for a period of one (1) year or more and thereafter the owner wishes to once again use the property as residential rental property, or unless there is a change in ownership in which event the property shall be re-registered to provide the information required in Subsection (B) above for each new owner.
G. 
No Registration Fee. No fee shall be charged by the City for such registration.
[R.O. 1993 § 502.060; Ord. No. 2820 § 1, 4-9-2014]
A. 
Inspection For Occupancy Permit. No occupancy permit shall be issued for any dwelling unit located within a residential rental property until such dwelling unit has been the subject of an on-site inspection by the City's Code Enforcement Official or his designee and found to be in compliance with all residential rental housing standards and criteria as set forth in Section 510.040 above. However, no inspections shall be required for any residential rental property or dwelling unit until May 1, 2015, and thereafter.
B. 
Change Of Tenancy. A separate on-site inspection shall be required whenever a dwelling unit is leased, subleased or assigned to a different tenant. The owner shall notify the City of each change of tenancy and request a new on-site inspection and occupancy permit.
C. 
Additional Inspections Required; When. The Code Enforcement Official also may require additional on-site inspections when any of the following occur:
1. 
A drive-by inspection of the exterior of the residential rental property reveals conditions which indicate said residential rental property or any dwelling unit therein likely has a condition that violates the City's rental housing standards and criteria;
2. 
The City receives a credible complaint from a tenant, occupant, police or government agency, or citizen which indicates said residential rental property or any dwelling unit therein likely has a condition that violates the City's rental housing standards and criteria; or
3. 
The residential rental property suffers casualty loss or damage from wind, fire, water, earthquake or other natural causes which indicate said residential rental property or any dwelling unit therein likely has a condition that violates the City's rental housing standards and criteria.
D. 
Inspection Procedures. The owner of any residential rental property or dwelling unit located therein shall request the City to inspect such property for compliance with the provisions of this Chapter before allowing any tenant to occupy such property, and with each change of tenants of such property. Upon receipt of said request and payment of the required inspection fee set forth below, the City Code Enforcement Official shall make a reasonable effort to schedule, perform and complete the inspection within two (2) business days after receipt of the owner's request for inspection. However, the owner or his designated agent or representative must also be present for the inspection, provide accurate and complete information regarding the premises as requested by the City, and permit the Enforcement Official to have entry and unfettered access to all parts of the residential rental property and dwelling unit that is the subject of the inspection.
E. 
Inspection Fees. An owner filing a request for an inspection hereunder also shall submit with said request full payment of the following fees in the form of cash, check or money order payable to the City of Charleston:
1. 
Fifty dollars ($50.00) for a full inspection to be conducted during regular business hours;
2. 
One hundred dollars ($100.00) for a full inspection to be conducted after regular business hours;
3. 
Thirty dollars ($30.00) for a reinspection of repairs or improvements made during regular business hours; and
4. 
Sixty dollars ($60.00) for a reinspection of repairs or improvements made after regular business hours.
F. 
Failure To Pass Inspection. If a residential rental property or dwelling unit therein fails to pass inspection, the Code Enforcement Official shall provide the owner with written notice thereof, delivered in person or by first class mail, which shall include a description of all violations and required repairs or improvements. The owner shall be given a reasonable period of time to make necessary repairs or improvements to comply with the City's rental housing standards and criteria. Upon completion of such repairs or improvements, the owner shall request the City Code Enforcement Official to reinspect the residential rental property or dwelling unit therein.
[R.O. 1993 § 502.070; Ord. No. 2820 § 1, 4-9-2014]
A. 
Occupancy Permit; Issuance. An occupancy permit shall be issued for each dwelling unit located within a residential rental property only when such property has been properly registered with the City, inspected by the City Code Enforcement Official and found to be in compliance with all rental housing standards and criteria as set forth above, and the owner is in compliance with all provisions of this Chapter, including payment of the required inspection fee. The occupancy permit shall be dated and signed by the Code Enforcement Official and shall specify the names of the owner(s) and the proposed tenant(s) of such property, the street address of the residential rental property, the apartment number or other identification of the dwelling unit contained therein if the residential rental property contains more than one (1) dwelling unit, and the number of bedrooms contained within the dwelling unit [e.g., one (1) bedroom, two (2) bedrooms, three (3) bedrooms, etc.]. Each bedroom shall contain a minimum of eighty (80) square feet with a functional ceiling height of at least seven (7) feet.
B. 
Effective Date Of Permit. An occupancy permit shall be effective from the date of issuance by the City of Charleston and shall continue in effect until the lease expires (unless renewed by the parties) or is terminated by the owner or by the tenant, or until the occupancy permit is revoked or suspended by the City as provided below.
C. 
Delinquent Tax, Fee Or Debt Owed To City Bar Issuance Of Permit. Residential rental property upon which delinquent real property taxes are in arrears may be registered but no inspections will be scheduled or performed and no occupancy permit shall be issued therefor until such delinquent taxes and applicable penalties and interest are paid in full. In addition, the City shall not schedule or perform any inspections and shall not issue any occupancy permit pursuant to this Chapter if the owner of residential rental property owes any delinquent unpaid license fee, fine, municipal user fees (e.g., utility bill), or other debt, interest or penalty to the City of Charleston.
D. 
No City Utility Connections Until Permit Issued. The City shall not permit connection to City water and sewer services, nor shall the City provide City utility services such as water service, sewer service, and solid waste disposal, to any residential rental property or dwelling unit located therein until a valid, current occupancy permit has been issued by the City for such property.
E. 
Suspension/Revocation Of Permit.
1. 
The City may suspend temporarily or revoke an occupancy permit for the following reasons:
a. 
False Or Concealed Information. The Code Enforcement Official may suspend temporarily or revoke an occupancy permit if an owner provided false, misleading or incomplete information, or concealed material facts upon the registration form or inspection of the residential rental property or dwelling unit located therein, and such false, misleading or incomplete information, or concealed facts, if known by the Code Enforcement Official, would have resulted in denial of the occupancy permit. The permit shall be revoked if the Code Enforcement Official determines the owner acted intentionally and the owner shall be disqualified from applying for a new occupancy permit for said residential rental property or dwelling unit for a period of thirty (30) days for the first such offense and for such period of time as the Code Enforcement Official deems reasonable for each subsequent offense. The permit may be suspended if the Code Enforcement Official determines the owner did not act intentionally, and such suspension shall be for the time period reasonably necessary to correct the information and to make any necessary repairs or improvements to correct any violation of the rental housing standards or inspection criteria.
b. 
Violation Of Rental Housing Standards Or Criteria. The Code Enforcement Official may revoke or suspend an occupancy permit upon finding the residential rental property or dwelling unit located therein for which the permit was issued no longer complies with the City's rental housing standards and criteria as set forth in this Chapter and said residential rental property or dwelling unit is no longer fit for human occupancy.
2. 
The Code Enforcement Official shall give written notice of the suspension or revocation of the occupancy permit to the owner and to the tenant by delivering the same in person or by first class mail, and by posting a copy of the same in a conspicuous place on the front of the residential rental property or dwelling unit for which the occupancy permit was issued.
[R.O. 1993 § 502.080; Ord. No. 2820 § 1, 4-9-2014]
An owner may appeal a decision or action of the Code Enforcement Official to the City Manager of the City of Charleston, Missouri, within ten (10) days after notice thereof by filing a written appeal with the City Manager, dated and signed by the owner, specifically describing the decision or action being appealed and stating the reasons for the owner's appeal with citations to the provisions of this Chapter as authority for the owner's position. The City Manager shall hold a hearing upon said appeal in accordance with the Administrative Procedures and Review Act (Chapter 536, RSMo.) after giving due notice of the date, time and place of said hearing to all parties. After the conclusion of said hearing, the City Manager shall issue a decision in writing stating his findings of fact and conclusions of law which shall be served upon all parties as provided by law.