[Ord. No. 794-C, 8-21-2017]
A.Â
The general purpose of this Chapter is to protect the public health,
safety and the general welfare of the people of the City of Canton.
These general objectives include, among others, the following specific
purposes:
1.Â
To protect the character and stability of residential property
within the City of Canton.
2.Â
To provide minimum standards for the maintenance of existing
residential buildings and to thus prohibit the spread of slums and
blight.
3.Â
To preserve the property value of land and buildings throughout
the City of Canton.
4.Â
To provide mechanisms for the enforcement and administration
of this Chapter to ensure the above purposes are accomplished.
[Ord. No. 794-C, 8-21-2017]
For the purpose of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
A room affording privacy containing bathing and sanitary
facilities provided within each living unit consisting of a water
closet, a tub or shower, and a lavatory basin; provided, that in the
case of another room containing only a water closet, a lavatory basin
shall be provided, notwithstanding that a lavatory basin is provided
elsewhere within the dwelling unit.
Any shelter designed or intended for the support, enclosure,
shelter or protection of persons or property.
The Building Inspector of the City of Canton, Missouri.
That portion of a building that is partly underground, but
having less than fifty percent (50%) of its ceiling height above the
average grade of the adjoining ground.
Any circumstances wherein the composition of the residents
of a dwelling unit changes, either through the sale, lease, rental
or other provision for the occupancy of any dwelling unit, or by the
addition of one (1) or more persons to the number of residents of
a dwelling unit, except by birth or legal custody of minors.
A vertical masonry shaft of reinforced concrete, or other
approved non-combustible, heat-resisting material enclosing one (1)
or more flues, for the purpose of removing products of combustion
from solid, liquid or gaseous fuel.
The condition of appearance of a building or part thereof,
characterized by evidence of physical decay or neglect, excessive
use or lack of maintenance or any combination of such characteristics.
No longer adequate for the purpose or use for which it was
originally intended.
A building or group of rooms in a building used for institutional
living and sleeping purposes by four (4) or more persons.
Any building, or portion thereof, that is designed or used
exclusively for residential purposes.
An arrangement of exit facilities to assure a safe means
of exit from buildings.
Objects that are added to a structure for aesthetic or functional
purposes. These include, but are not limited to, screens, awnings,
trellises, television antennae, satellite antennae, storm windows
and storm doors.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places, by removing or making
inaccessible materials that may serve as their food, by poisoning,
spraying, fumigating, trapping or by any other recognized and legal
pest elimination methods approved by the Health Commissioner of the
County.
One (1) or more persons occupying a dwelling and living as
a single housekeeping unit, all of whom, or all but two (2) of whom,
are related to each other by birth, adoption or marriage, but if not
related to each other by birth, adoption or marriage, then no more
than three (3) persons, as distinguished from a group occupying a
boarding house, lodging house or hotel.
An independent structure forming a barrier at grade between
lots, between a lot and a street or an alley, or between portions
of a lot or lots. A barrier includes a wall or latticework screen
but excludes a hedge or natural growth, or a barrier less than eighteen
(18) inches in height that is used to protect plant growth.
A toilet bowl that is flushed with water that has been supplied
under pressure and equipped with a water sealed trap above the floor
level.
Food waste from homes, kitchens, apartments, hotels, restaurants,
fraternity houses, sorority houses, stores, markets and similar establishments.
That portion of a building that is partly underground, but
having at least sixty percent (60%) of its ceiling height above the
average grade of the adjoining ground.
The finished ground level adjacent to a required window.
The total of all habitable space in a building or structure.
A trough under an eave to carry off water.
Insects, pests or rodents. Any place where insects, pests
or rodents can live, nest or seek shelter.
The presence within or contiguous to a structure or premises
of insects, rodents, vermin or other pests.
A space that contains a sink and adequate space for installing
cooking and refrigeration equipment and for the storage of cooking
utensils.
Whenever the words "dwelling," "dwelling unit," "rooming
unit," "premises," "structure" are used in this Chapter, they shall
be construed as though they were followed by the words "or any part
thereof." Words used in the singular include the plural and the plural
the singular, the masculine gender includes the feminine and the feminine
the masculine.
A building or portion thereof designed for or occupied by
two (2) or more families.
Shall, when applied to a building or land, include any person
holding a written or oral lease or who occupies the whole or a part
of such buildings or land, either alone or with others.
That part of a window or door that is available for unobstructed
ventilation and open directly to the outdoors.
Operator shall mean any person who has charge, care or control
of a building or part thereof that is let or offered for occupancy.
Any person who, alone or jointly with others, or any firm
or corporation who:
Shall have legal title to any premise, dwelling or dwelling
unit, with or without accompanying actual possession thereof; or
Shall have charge, care or control of any premise, dwelling
or dwelling unit, as owner or agent of the owner, or an executor,
administrator, trustee or guardian of the estate of the owner. Any
such person thus representing the actual 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/she were the owner.
Includes any natural individual, firm, trust, partnership,
association or corporation in his/her or its own capacity, or as administrator,
conservator, executor, trustee, receiver or other personal representative
appointed by the court. Whenever the word "person" is used in any
Section of this Chapter prescribing a penalty or fine, as to partnerships
or associations, the word shall include the partners or members thereof,
and as to corporations, shall include the officer, agents or members
thereof who are responsible for any violation of such Section.
A platted lot or part thereof or unplatted lot or parcel
of land or plat of land, either occupied or unoccupied by any dwelling
or non-dwelling structure, and includes any such building, accessory
structure or other structure thereon.
The existence of conditions that will permit an individual
or individuals to carry out an activity commenced without interruption
or interference, either by sight or sound by unwanted individuals.
Any material furnished, supplied, paid for or under the control
of the owner.
Any conditions or place where rats can live, nest or seek
shelter.
A form of construction that will prevent the ingress or egress
of rats to or from a given space or building, or from gaining access
to food, water or harborage. It consists of the closing and keeping
closed of every opening in foundations, basements, cellars, exterior
and interior walls, ground or first floors, roofs, sidewalk gratings,
sidewalk openings and other places that may be reached and entered
by rats by climbing, burrowing or other methods, by the use of materials
impervious to rat gnawing and other methods approved by the health
commissioner.
All solid wastes, including garbage and rubbish, ashes and
dead animals.
A water tight container that is constructed of metal, or
other durable material impervious to rodents, that is capable of being
serviced without creating unsanitary conditions, or such other containers
as have been approved by the appropriate authority. Openings into
the container such as covers and doors shall be tight fitting.
To restore to a sound and acceptable state of operation,
serviceability or appearance. Repairs shall be expected to last approximately
as long as would the replacement by new items.
To remove an existing item or portion of a system and to
construct to install a new item of similar or improved quality as
the existing item when new. Replacement will ordinarily take place
when the item is beyond repair.
Tin cans, glasses, papers, tree limbs (not exceeding three
(3) feet in length or fifty (50) pounds in weight), grass and weed
cuttings, broken crockery, rags, boxes, small light wood or crafting
materials and sweepings of dust or dirt.
The condition of being reasonably free from danger and hazards
that may cause accidents or disease.
Anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having a
permanent location on the ground, including, but not limited to the
following: signs, swimming pools, backstops or enclosures for tennis
courts, gazebos, sheds and accessory buildings.
All structures that do not conform to the minimum standards
established by this Chapter or any other ordinances.
Paid for, installed, furnished or provided by or under the
control of the owner or operator.
Any chemical product applied on the surface of or incorporated
into any structural or decorative material that constitutes a potential
hazard to human health at acute or chronic exposure levels.
Words not specifically defined in this Chapter shall have
the common definition set forth in a standard dictionary.
The process of supplying and removing air by natural or mechanical
means to or from any space. Ventilation by power-driven devices shall
be deemed mechanical ventilation. Ventilation by opening to outer
air through windows, skylights, doors, louvers or stacks without wind-driven
devices shall be deemed natural ventilation.
Whenever the words "workmanlike manner and good repair" are
used in this Chapter, they shall mean that such maintenance and repair
shall be made in a skillful manner.
An open space, other than a court, on the same lot with a
building, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided in the ordinances
of the City of Canton. In measuring the yard for the purpose of determining
the width of a side yard, the depth of a front yard or the depth of
a rear yard, the mean horizontal distance between a lot line and the
main building shall be used.
[Ord. No. 794-C, 8-21-2017]
Every building or its premises used in whole or in part as a
dwelling or as an accessory structure thereof, shall conform to the
requirements of this Chapter.
[Ord. No. 794-C, 8-21-2017]
Any dwelling or non-dwelling structure or unit that does not
conform to any regulation contained in this Chapter shall have a period
of six (6) months from the date of the adoption of this Chapter to
comply with all the regulations of this Chapter.
[Ord. No. 794-C, 8-21-2017]
This Chapter establishes minimum standards for dwellings, dwelling
units and accessory buildings, and does not replace or modify standards
otherwise established for the construction, replacement or repair
of buildings, except such as are in conflict with the provisions of
this Chapter. 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 ordinance or code of the City of Canton existing
on the effective date of this Chapter, the provision that establishes
the higher standard for the promotion and protection of the safety
and health of the people shall prevail.
[Ord. No. 794-C, 8-21-2017]
If any Section, Subsection, paragraph, sentence, clause or phrase
of this Chapter should be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this Chapter,
which shall remain in full force and effect.
[Ord. No. 794-C, 8-21-2017]
A.Â
Generally. Every owner or occupant of a dwelling unit or non-dwelling
structure shall comply with the following:
1.Â
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 said buildings and premises.
2.Â
Every occupant of a dwelling unit shall keep in a clean and
sanitary condition that part of the dwelling he/she occupies and controls.
3.Â
Every occupant of a dwelling shall dispose of all his/her rubbish
and garbage in a clean and sanitary manner and in conformance to the
Municipal Code of the City of Canton, Missouri.
4.Â
Every occupant of a dwelling shall be responsible for the extermination
of any insects, rodents or other pests therein or on the premises.
Whenever infestation is caused by failure of the owner to maintain
such structure in a rat-proof or insect-proof condition, extermination
shall be the responsibility of the owner.
5.Â
Every owner and occupant of a dwelling shall, with respect to
those parts of the building he/she occupies and controls, be responsible
for the hanging of all screens in the locations and during the period
specified herein.
B.Â
Owners, Owner-Occupants. No person shall occupy as owner-occupant,
or let to another for occupancy, any dwelling or dwelling unit that
does not comply with the following requirements.
1.Â
Every foundation and roof shall be weather-tight, water-tight
and rodent-proof, and kept in good repair.
2.Â
Every window, exterior door and basement hatchway shall be weather-tight,
water-tight and rodent-proof and kept in sound working condition and
good repair.
3.Â
Every outside stair, every porch and every appurtenance thereto
shall be so constructed as to be safe to use and capable of supporting
the load that normal use may cause to be placed thereon, and shall
be kept in sound condition and good repair.
4.Â
All exterior surfaces shall be reasonably protected from the
elements and against decay, by paint or other measures executed in
a workmanlike manner.
[Ord. No. 794-C, 8-21-2017]
A.Â
No person shall occupy as owner-occupant, or let to another for occupancy,
any dwelling or dwelling unit that does not comply with the following
requirements:
1.Â
Every dwelling unit shall be supplied with rubbish and garbage
disposal facilities or containers as required by the Municipal Code
of the City of Canton.
2.Â
Every dwelling unit shall have a safe and unobstructed means
of egress leading to safe and open space at ground level.
3.Â
Every dwelling unit shall have a toilet bowl capable of being
flushed with water, with a water sealed trap.
4.Â
Every dwelling unit shall have heated water, with water heated
to a temperature of not less than one hundred twenty degrees Fahrenheit
(120° F.) measured at faucet outlet.
5.Â
Every dwelling unit shall have a kitchen space that contains
a sink, with counter working space, adequate space for installing
cooking and refrigeration equipment, and adequate space for the storage
of cooking utensils.
6.Â
Any dwelling supplied with any of the following facilities and
equipment must maintain the following facilities and equipment in
working order so that they properly serve the occupants of the dwelling:
[Ord. No. 794-C, 8-21-2017]
A.Â
The City of Canton shall have the following authority with respect
to inspection of dwelling units and non-dwelling structures:
1.Â
It shall be the duty of the Building Official, upon complaint,
to make inspections to determine the condition of any building complained
of that is covered by these regulations.
2.Â
For the purpose of administering this Chapter, the Building
Official is hereby authorized to enter (if necessary), inspect, examine
and survey at all reasonable times all dwellings and non-dwelling
structures within the City. The owner or occupant of every dwelling
or non-dwelling structure, or the person in charge thereof, shall
give the Building Official access to such premises at all reasonable
times for the purpose of such inspection, examination and survey.
3.Â
If access to any premises as set forth in Subsection (A)(2) of this Section is denied the Building Official, the Building Official shall apply to any Judge of the Circuit Court of Lewis County, Missouri, for a warrant directing that said access shall be given. The Chief of Police of the City of Canton shall give the Building Official all necessary assistance in carrying out the inspection pursuant to the warrant thus obtained. Refusal to permit the Building Official access after the obtaining of a warrant authorizing the same shall be a violation of the provisions of this Chapter and subject said owner or occupant to the penalties hereinafter provided in addition to such other penalties as may be levied by the court issuing such warrant.
[Ord. No. 794-C, 8-21-2017]
Whenever the Building Official finds evidence of a violation
of any provision of this Chapter, he/she shall give notice of same
to the person or persons responsible hereunder. Such notice shall
be in writing and shall include a statement of the provisions of this
Chapter being violated, together with a statement of the corrective
action required to cure such violation. Such notice shall specify
the period of time within which such remedial action shall be taken,
which time shall be a reasonable period of time under all the circumstances.
Such notice shall be served by delivering a copy to the owner, or
his/her agent, or the occupant, as the case may require, or, if such
person cannot be found, by sending a copy of the notice by registered
or certified mail with return receipt requested, or, if same cannot
be delivered, by posting a copy of such notice in a conspicuous place
in or about the building affected by the notice. The notice shall
be deemed served on the date served or mailed or posted as herein
provided.
[Ord. No. 794-C, 8-21-2017]
A.Â
Any person affected by a notice issued by the Building Official hereunder
may request and shall, upon such request, be granted a hearing before
the Mayor; provided, however, that such person shall file in the office
of the Mayor a written request seeking such hearing and setting forth
a brief statement of the grounds therefor within ten (10) days after
the date such notice was served. Upon receipt of such request, the
petitioner shall be given written notice of the time and place of
the hearing. At such hearing the petitioner shall be given an opportunity
to be heard and to show cause why the notice should be modified or
withdrawn.
B.Â
Following such hearing, the Mayor shall sustain, modify or withdraw the notice, upon his/her finding as to whether or not the provisions of this Chapter have been observed. If the Mayor sustains or modifies such notice, it shall be entered as an order. The proceedings at such hearing, including the findings and decision of the Mayor, shall be informal. Any notice served pursuant to Section 520.100 of this Chapter shall become an order if a written request for a hearing is not filed in the office of the Mayor within ten (10) days following the service of such notice. All orders shall be served in the manner hereinabove provided for service of notices.
[Ord. No. 794-C, 8-21-2017]
A.Â
In the event the person to whom an order is issued fails to comply
with same within the period specified therein and the Building Official
finds the premises covered in said order constitute a hazard to the
health or safety of its occupants or the public, the Building Official
shall designate such premises as unfit for human occupancy and shall
placard such building or premises. The occupants of such premises
so designated and placarded shall vacate within the time ordered by
the Building Official, which time period shall be reasonable under
all circumstances. Such premises shall not again be occupied until
the violations of this Chapter have been corrected and the Building
Official has given written permission and has removed such placard.
B.Â
In the event the person to whom an order has been issued fails to
comply with same within the period specified therein and the Building
Official finds the premises covered in said order constitute such
a hazard to life or property as to necessitate demolition of said
premises, the Building Official shall make a report thereon to the
Board of Aldermen, and the regulations of the Municipal Code of the
City of Canton relating to demolition of buildings shall be operative
thereafter.
[Ord. No. 794-C, 8-21-2017]
No person shall remove, deface, tear, destroy, mutilate or in
any way tamper with any notice, order or other document posted or
placed by the Building Official on any building or structure under
the provisions of this Chapter.
[Ord. No. 794-C, 8-21-2017]
In addition to the remedies hereinabove provided, any person
violating any of the provisions of this Chapter shall be deemed guilty
of a misdemeanor and shall, upon conviction thereof, be punished by
a fine of not less than ten dollars ($10.00) nor more than five hundred
dollars ($500.00), or by imprisonment for a period not exceeding ninety
(90) days, or by both such fine and imprisonment. Each day a violation
of any of the provisions of this Chapter occurs shall be a separate
violation and punishable as herein provided upon conviction.
