[Ord. No. 2017-1240 § 1, 8-21-2017[1]]
The Council adopts the International Energy Conservation Code,
2015 Edition, excluding Appendixes RA and RB (as amended), one (1)
copy of which has been on file with the Town Clerk for a period of
ninety (90) days prior to the adoption of this Article, by reference
as if fully set forth in its entirety. At least one (1) copy of the
2015 Edition of the International Energy Conservation Code shall remain
on file in the office of the Town Clerk and shall be kept available
for public use, inspection, and examination.
[1]
Editor Note: Section 6 of this Article provided an effective
date of 1-1-2018.
[Ord. No. 2017-1240 § 2, 8-21-2017]
A.
The Code adopted by this Article is hereby amended by substituting
the following sections in lieu of those sections with corresponding
numbers in the Code, or, where there is no corresponding section in
the Code, the following sections shall be enacted as additions to
the Code:
1.
Section C101.1 is amended to read as follows:
C101.1 Title. These regulations shall be known
as the "Energy Conservation Code of the Town of Carrollton, Missouri,"
hereinafter referred to as "this code."
2.
Section C101.6 is amended to read as follows:
C101.6 Codes Official. The administration and enforcement
of this Article shall be the duty of the Code Enforcement Officer,
who is designated the code official for purposes of this code. The
code official is hereby authorized to take such action as may be reasonably
necessary to enforce the provisions of this code. Such persons may
be appointed and authorized as assistants or representatives of the
code official as may be necessary to carry out the provisions of this
code.
3.
Section C101.7 is amended to read as follows:
C101.7 Liability. Any officer or employee charged
with the enforcement of this code, while acting on behalf of the Town,
shall not thereby render such individual liable personally, and is
hereby relieved from all personal liability for any damage accruing
to persons or property as a result of any act performed in the discharge
of official duties. Any suit instituted against any officer or employee
because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of this code shall be
defended by the legal representative of the Town until the final termination
of the proceedings. The officer or employee shall not be liable for
costs in any action, suit or proceeding that is instituted pursuant
to the provisions of this code; and any officer or employee acting
within the scope of employment and in good faith and without malice
shall be free from liability for acts performed under any of its provisions
or by reason of any act or omission in the performance of official
duties in connection therewith. Nothing contained herein shall be
deemed a waiver of the immunities and protection afforded to the Town
or officers and employees pursuant to State and Federal law.
4.
Section C101.8 is amended to read as follows:
C101.8 Restrictions of employees. An employee connected
with the Codes Department shall not be engaged in, or directly or
indirectly connected with, the furnishing of labor, materials or appliances
for the construction, alteration or maintenance of a building, or
the preparation of construction documents thereof, unless that person
is the owner of the building; nor shall such employee engage in any
work that conflicts with official duties or with the interests of
the Department.
5.
Section C108.4 is amended to read as follows:
C108.4 Failure to comply. Any person who shall
continue any work after having been served with a stop-work order,
except such work as that person is directed to perform to remove a
violation or unsafe condition, shall be liable to a fine of not less
than one hundred dollars ($100.00) or more than five hundred dollars
($500.00). Each day that a violation continues shall be deemed a separate
offense.
6.
Section C108.5 is amended to read as follows:
C108.5 Violation penalties. Any person who shall
violate a provision of this code or shall fail to comply with any
of the requirements thereof shall be guilty of a codes violation and
upon conviction thereof shall be punished by a fine as set forth in
the adopting ordinance. Each day that a violation continues 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.
7.
Section C109.1 is amended to read as follows:
C109.1 Appeals. The owner of a building or structure
or any person directly affected by a decision of the code official
may appeal to the Board of Adjustment from a decision of the official.
The procedure for appeal shall be governed by Section 113 of the Building
Code of Carrollton, Missouri.
8.
Delete Sections C109.2 through C109.3.
9.
Delete Sections C408.2 through C408.3.1.
10.
Section R101.1 is amended to read as follows:
R101.1 Title. These regulations shall be known
as the "Energy Conservation Code of the Town of Carrollton, Missouri,"
hereinafter referred to as "this code."
11.
Section R101.6 is amended to read as follows:
R101.6 Code Official. The administration and enforcement
of this Article shall be the duty of the Code Officer, who is designated
the code official for purposes of this code. The code official is
hereby authorized to take such action as may be reasonably necessary
to enforce the provisions of this code. Such persons may be appointed
and authorized as assistants or representatives of the code official
as may be necessary to carry out the provisions of this code.
12.
Section R101.7 is amended to read as follows:
R101.7 Liability. Any officer or employee charged
with the enforcement of this code, while acting on behalf of the Town,
shall not thereby render such individual liable personally, and is
hereby relieved from all personal liability for any damage accruing
to persons or property as a result of any act performed in the discharge
of official duties. Any suit instituted against any officer or employee
because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of this code shall be
defended by the legal representative of the Town until the final termination
of the proceedings. The officer or employee shall not be liable for
costs in any action, suit or proceeding that is instituted pursuant
to the provisions of this code; and any officer or employee acting
within the scope of employment and in good faith and without malice
shall be free from liability for acts performed under any of its provisions
or by reason of any act or omission in the performance of official
duties in connection therewith. Nothing contained herein shall be
deemed a waiver of the immunities and protection afforded to the Town
or officers and employees pursuant to State and Federal law.
13.
Section R101.8 is amended to read as follows:
R101.8 Restrictions of employees. An employee connected
with the Codes Department shall not be engaged in, or directly or
indirectly connected with, the furnishing of labor, materials or appliances
for the construction, alteration or maintenance of a building, or
the preparation of construction documents thereof, unless that person
is the owner of the building; nor shall such employee engage in any
work that conflicts with official duties or with the interests of
the Department.
14.
Section R108.4 is amended to read as follows:
R108.4 Failure to comply. Any person who shall
continue any work after having been served with a stop-work order,
except such work as that person is directed to perform to remove a
violation or unsafe condition, shall be liable to a fine of not less
than one hundred dollars ($100.00) or more than five hundred dollars
($500.00). Each day that a violation continues shall be deemed a separate
offense.
15.
Section R108.5 is amended to read as follows:
R108.5 Violation penalties. Any person who shall
violate a provision of this code or shall fail to comply with any
of the requirements thereof shall be guilty of a codes violation and
upon conviction thereof shall be punished by a fine of not more than
five hundred dollars ($500.00) or by imprisonment not exceeding ninety
(90) days, or by both such fine and imprisonment. Each day that a
violation continues 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.
16.
Section R109.1 is amended to read as follows:
R109.1 Appeals. The owner of a building or structure
or any person directly affected by a decision of the code official
may appeal to the Board of Adjustment from a decision of the official.
The procedure for appeal shall be governed by Section 113 of the Building
Code of Carrollton, Missouri.
17.
Delete Sections R109.2 through R109.3.
[Ord. No. 2017-1240 § 3, 8-21-2017]
A.
The punishment of a violation of this Article shall be as follows:
1.
The maximum fine combined with the amount of court costs that
can be imposed for the violation of any ordinance violation shall
be 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 municipal
ordinance violation.
3.
A person convicted of an ordinance violation shall not be placed
in confinement for failure to pay a fine unless such non-payment violates
the terms of the person's probation or unless the due process
procedures mandated by Missouri Supreme Court Rule 37.65 or its successor
rule are strictly followed by the court.
4.
Court costs that apply shall be assessed against such person
unless the court finds that the defendant is indigent based on standards
set forth in determining such by the presiding judge of the circuit.
Such standards shall reflect model rules and requirements to be developed
by the Missouri Supreme Court.
[Ord. No. 2017-1240 § 4, 8-21-2017]
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.
