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Town of Carrollton, MO
Carroll County
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Table of Contents
Table of Contents
[Ord. No. 2018-1260 § 1, 10-16-2017]
A. 
The general purpose of this Article of the Municipal Code is to protect the public health, safety, comfort, morals and the general welfare of the people of the Town who are residing in rental properties. These general objectives include, among others, the following specific purposes:
1. 
To protect the character and stability of residential areas within the Town.
2. 
To provide minimum standards for cooking, heating and sanitary equipment necessary to the health and safety of occupants of rental dwellings.
3. 
To provide facilities for light and ventilation, necessary to health and safety.
4. 
To prevent additions or alterations to existing rental dwellings that would be injurious to the life, health, safety or general welfare of the occupants of such dwellings or neighboring properties.
5. 
To prevent the overcrowding of rental dwellings by providing minimum space standards per occupant of each dwelling unit.
6. 
To provide minimum standards for the maintenance of existing residential rental dwellings and to prohibit the spread of slums and blight.
7. 
To preserve the taxable value of land and buildings throughout the Town.
[Ord. No. 2018-1260 § 1, 10-16-2017]
A. 
This Article establishes minimum standards for rental dwelling units and accessory buildings and does not replace or modify standards otherwise established for the construction, replacement or repair of rental dwellings except such as are in conflict with the provisions of this Article.
B. 
Any inconsistency or conflict between the provisions of this Article or any existing ordinance shall not repeal such provision or ordinance; but the provisions of this Article shall be cumulative thereto.
[Ord. No. 2018-1260 § 1, 10-16-2017]
Every building or its premises used in whole or in part as a rental home or rental residence or as an accessory structure thereof of a single-family or person, and every building used in whole or in part as a home or residence of two (2) or more persons or families living in separate apartments or living quarters, (collectively all of these types of dwellings are called "rentals" or a "rental" in this Article) shall conform to the requirements of the International Property Maintenance Code, as adopted and amended by the Town, irrespective of the class to which such buildings may otherwise belong, and irrespective of when such buildings may have been constructed, altered or repaired. The term "rentals" shall include dwellings that are rented for occupancy, dwellings that are rented with an option to purchase, and dwellings being occupied under rent-to-own arrangements.
[Ord. No. 2018-1260 § 1, 10-16-2017]
A. 
The Mayor or his/her designate is authorized and directed to make inspections to determine whether Rentals, accessory structures and premises located within the Town conform to the requirements of this Chapter. For the purpose of making such inspections, the Mayor or his/her designate is authorized to enter, examine and survey at all reasonable times all Rentals, accessory structures and premises. The owner or occupant of all Rentals and its premises shall give the Mayor or his/her designate free access thereto at all reasonable times for the purpose of such inspection, examination and survey.
B. 
After the initial inspection, a Rental shall only be required to be inspected the last to occur of every twenty-four (24) months or until a change in occupancy occurs, except that an inspection may be made at any time upon receipt by the Town of a complaint that the Rental is not in compliance with this Article.
[Ord. No. 2018-1260 § 1, 10-16-2017]
A. 
It shall be unlawful for any person to occupy or for any owner or agent thereof to permit the occupation of any Rental, or addition thereto, or part thereof, for any purpose until a certificate of occupancy has been issued by the Mayor or his/her designate. Every owner, agent or manager of any Rental, or addition thereto, shall inform the Mayor or his/her designate whenever any portion of such Rental therein becomes vacant and request an inspection thereof under the provisions of this Article, except that no inspection will be required if the Rental has been inspected within twenty-four (24) months of the date of the request. The certificate of occupancy so issued shall state that the occupancy complies with all the provisions of this Article. This Article shall not apply to any occupancy in existence on March 1, 2018, until a vacancy in the rental unit occurs. If a rental unit is occupied before a certificate of occupancy is issued, an inspection fee in double the amount established by ordinance will be required. If a landlord allows more than one (1) violation of permitting occupancy prior to issues of an occupancy certificate within a one-year period, then a summons to appear in municipal court will be issued.
B. 
The occupancy certificate will be issued for each Rental or portion thereof, occupied. It shall be unlawful for any person to knowingly make any false statement in his application for an occupancy certificate as to the names, ages, relationship or number of occupants who will occupy the premises.
C. 
Effective March 1, 2018, the Code Enforcement Officer shall keep a registry of all rental properties in the Town of Carrollton, and each property owner who owns rental property as described in this Article shall provide to the Code Enforcement Officer the property owner's name and mailing address, and the address for each rental property owned by the property owner.
[Ord. No. 2018-1260 § 1, 10-16-2017]
If the inspected Rental meets Town standards, a certificate of occupancy will be issued. The certificate of occupancy shall be valid as long as the unit is occupied by the current tenant. The tenant must bring the certificate of occupancy to sign up for utilities. Two (2) copies of the inspection list are to be left at the site by the inspector. Utilities will not be transferred into the tenant's name unless the certificate of occupancy accompanies the request.
[Ord. No. 2018-1260 § 1, 10-16-2017]
A. 
A fee in the amount established by ordinance shall be paid to the Town and shall accompany each request for inspection of a Rental, provided that a separate fee shall be paid for each apartment of a multiple dwelling building to be inspected.
B. 
Except as otherwise provided, a fee in the amount established by ordinance for each inspection shall be paid to the Town and shall accompany each request for inspection of a dwelling unit in a multifamily dwelling. A penalty fee in the amount established by ordinance will be charged for each rescheduled inspection if an appointment is scheduled and the inspector is unable to get into the unit as scheduled by the applicant. This fee will be charged even if it is the second or third inspection of the year, which doesn't require the payment. (See Section 515.050 for the fee if the property is occupied before the certificate of occupancy is issued.)
[Ord. No. 2018-1260 § 1, 10-16-2017]
A. 
Whenever the Mayor or his/her designate determines that there are reasonable grounds to believe that there has been a violation of any provision of this Article, he shall give notice of such alleged violation to the person responsible therefor which shall:
1. 
Be in writing.
2. 
Contain a statement of the reason why it is being issued.
3. 
Allow a reasonable time for the performance of any act it requires (thirty (30) days maximum).
4. 
Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Article.
5. 
Be served upon the owner or his agent, or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or on any such occupant, if a copy thereof is:
a. 
Served upon him personally;
b. 
Sent by certified mail to his last known address; or
c. 
Posted in a conspicuous place in or about the dwelling affected by the notice.
[Ord. No. 2018-1260 § 1, 10-16-2017]
A. 
The following may be designated as dwellings or dwelling units unfit for human habitation:
1. 
One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested that it creates a serious hazard to the health or safety of the occupants or the public;
2. 
One which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or of the public;
3. 
One which, because of its general condition or location, is unsanitary or otherwise dangerous to the health or safety of the occupants or of the public; or
4. 
One which does not substantially conform to this Article.
[Ord. No. 2018-1260 § 1, 10-16-2017]
Any Rental unit which shall be found to have any of the defects set out in this Article shall be declared unfit for human habitation and shall be so designated and placarded by the Mayor or his/her designate when the person responsible has failed to correct the condition set forth in a notice issued.
[Ord. No. 2018-1260 § 1, 10-16-2017]
No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as may be provided.
[Ord. No. 2018-1260 § 1, 10-16-2017]
Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter before the Board of Adjustment under the procedure set forth in Article XIX of Chapter 405 of this Code.[1]
[1]
Editor's Note: See Ch. 405, Zoning Regulations, Art. XIX, Board of Adjustment.
[Ord. No. 2018-1260 § 1, 10-16-2017]
A. 
Any Rental unit condemned as unfit for human habitation, and so designated and placarded by the Mayor or his/her designate, shall be vacated within a reasonable time as ordered by the Mayor or his/her designate.
B. 
No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by, the Mayor or his/her designate. The Mayor or his/her designate shall remove such placard whenever the defects upon which the condemnation and placarding action were based have been eliminated.
[Ord. No. 2018-1260 § 1, 10-16-2017]
If a Rental or part thereof is vacant or unfit for human habitation, occupancy, or use and is not in danger of structural collapse, the Mayor or his/her designate may post a placard of condemnation on the premises and may order the structure closed up with plywood so as to prevent that structure from becoming a public nuisance. Upon failure of the owner to close up the condemned structure within the time specified in the order, the Mayor or his/her designate shall cause those premises to be closed up with plywood through any available public agency or by contract or arrangement by private persons, and the cost thereof shall be charged against the real estate upon which the condemned structure is located and shall thereafter become a lien upon that real estate. In addition, any structure which is ordered to be closed up shall have at least one (1) no-trespassing sign posted in a prominent place on each of its outside walls. All closing up with plywood shall be done in accordance with regulations for such work kept on file in the office of the Mayor or his/her designate.
[Ord. No. 2018-1260 § 1, 10-16-2017]
A. 
The owner of any Rental shall have thirty (30) days from the issuance of the notice to remedy the condition therein specified; provided, however, that the Mayor or his/her designate may, at his discretion, extend the time for compliance with any such notice; and provided further, that no owner shall be held responsible for any condition that is not specifically described in such notice.
B. 
The failure of any owner to comply with any order of the Mayor or his/her designate contained in the notice prescribed by Section 515.080 within the time specified shall make such owner subject to the penalties provided for such offense.
[Ord. No. 2018-1260 § 1, 10-16-2017]
A. 
It shall be unlawful for the owner of any Rental unit upon whom a notice of violation or compliance order has been served to sell, transfer, mortgage, lease or otherwise dispose of the Rental to another until the provisions of the notice of violation or compliance order have been complied with, or until such owner shall first furnish to the grantee, lessee or mortgagee a true copy of any notice of violation or compliance order issued by the Mayor or his/her designate. A transferee, lessee, or mortgagee who has received actual or constructive notice of the existence of a notice of violation or compliance order shall be bound by such notice as of the date of the transfer without further service or notice upon him.
B. 
The owner to whom a Rental unit has been transferred may consent to make repairs which have been required by a notice of violation from the Mayor or his/her designate, by signing an agreement with the Town agreeing to make the repairs required by the violation notice on or before a date as determined by the Mayor or his/her designate. Upon receipt of such agreement, the Mayor or his/her designate may issue an occupancy permit to be held by the Town until such time as the repairs are completed by the new owner of the Rental dwelling unit. The form of this agreement shall contain the following:
1. 
Identity of the owner.
2. 
Description and location of the dwelling or dwelling unit.
3. 
List of all required repairs.
4. 
The date upon which repairs will be completed.
5. 
Executed and notarized signatures by both the new owner and the building commissioner.
[Ord. No. 2018-1260 § 1, 10-16-2017]
A. 
Any violation of this Article is punishable by a fine, combined with court costs, for violations committed within a twelve-month period beginning with the first violation: two hundred dollars ($200.00) for the first violation, two hundred seventy-five dollars ($275.00) for the second violation, three hundred fifty dollars ($350.00) for the third violation and four hundred fifty dollars ($450.00) for the fourth and any subsequent violations.
B. 
Every day that a violation continues after the expiration of the reasonable period of time for the completion of the work specified by the Mayor or his/her designee shall be deemed a separate offense; and provided that every day that a violation continues in violation of an order shall be deemed a separate offense. The Town is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did the act which was prohibited or failed to do an act which the defendant was legally required to do.
[Ord. No. 2018-1260 § 1, 10-16-2017]
The portions of this Article shall be severable. In the event that any portion of this Article is found by a court of competent jurisdiction to be invalid, the remaining portions of this Article are valid, unless the court finds the valid portions of this Article are so essential and inseparably connected with and dependent upon the void portion that it cannot be presumed that the Town Council would have enacted the valid portions without the invalid one, or unless the court finds that the valid portions standing alone are incomplete and are incapable of being executed in accordance with the legislative intent.
[Ord. No. 2018-1261 § 1, 2-5-2018]
The Council authorizes rental inspection fees of twenty-five dollars ($25.00) per inspection effective March 1, 2018. In the event that a reinspection is required because a rental failed the initial inspection and the repairs or other required improvements were not made within the time allowed after the initial inspection, then the fee for the reinspection shall be thirty-five dollars ($35.00) per reinspection.