[Ord. No. 2017-1246 § 1, 8-21-2017[1]]
The Council adopts the 2015 Edition of the International Existing
Building Code, including Appendixes A, B, and C (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 Existing Building 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 ordinance provided an effective
date of 1-1-2018.
[Ord. No. 2017-1246 § 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 101.1 is amended to read as follows:
101.1 Title. These regulations shall be known as
the "Existing Building Code of the Town of Carrollton, Missouri,"
hereinafter referred to as "this code."
2.
In 101.6.1, Appendixes A, B, and C are hereby adopted as published.
3.
SECTION 103 amended to CODE DEPARTMENT.
a.
Section 103.1 is amended to read as follows:
103.1 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.
b.
Section 103.4 is amended to read as follows:
103.4 Restrictions of employees. An employee connected
with the Code 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.
4.
Section 104.8 is amended to read as follows:
104.8 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.
5.
Section 112.1 is amended to read as follows:
112.1 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.
6.
112.2 through 112.3. Delete.
7.
Section 113.4 is amended to read as follows:
113.4 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 code 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.
8.
Section 114.4 is amended to read as follows:
114.4 Emergency. Where an emergency exists, the
code official shall not be required to give a written notice prior
to stopping the work.
9.
Section 114.5 is amended to read as follows:
114.5 Penalty. Any person who shall continue any
work on the system after having been given notice of 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).
10.
Section 1301.1 is amended to read as follows:
1301.1.3 Permit to move. A permit to move a building
or structure shall not be issued until a bond or other security is
posted with the Town in the amount of five thousand dollars ($5,000.00),
guaranteeing that the building or structure will be made to comply
with IEBC Section 1301.2 within one hundred eighty (180) days from
the date of issuance of the permit.
11.
Section 1301.4 is amended to read as follows:
1301.4 Permit required to use public streets or right-of-way. No building or structure of any nature or description shall be moved
over any street of the Town of Carrollton, Missouri, by any means
whatsoever without first obtaining permission from the Mayor or his
designee. Upon receipt of an application for a permit, the Mayor shall
refer the same to the code official, who shall cause an inspection
to be made to determine whether or not the building or structure is
a public nuisance, as described in the Property Maintenance Code of
Carrollton, Missouri. Upon completion of the inspection, the code
official shall provide written findings to the Mayor. At the same
time the application for a permit is referred to the code official,
the Mayor shall direct the Utility Superintendent to make an inspection
of the route over which the building or structure is proposed to be
moved, to determine whether or not any facilities of the utilities
department could constitute an obstacle to such removal. Upon completion
of the inspection, the Utilities Superintendent shall provide written
findings to the Mayor. After giving consideration to the reports,
and to any other matter involved in such removal which might concern
the safety or welfare of the public, or public or private property,
the Mayor or his designee may grant or deny the application for permit.
12.
Section 1301.5 is amended to read as follows:
1301.5 Not to stand on street longer than six (6) hours. No buildings or structures shall be allowed to stand in the streets
of the Town in one (1) block for a longer period than six (6) hours,
except for the period between sunset and sunrise, when such buildings
or structures shall have flares set about them on every side.
13.
Section 1301.6 is amended to read as follows:
1301.6 Not to injure or take up pavement. No pavement
shall be taken up or removed to assist in any way the moving of any
building or structure, nor shall pegs, stakes, or poles be driven
into paved streets for such purposes.
14.
Section 1301.7 is amended to read as follows:
1301.7 Bond required. Before any permit shall be
issued by the Mayor, the applicant shall furnish a good and sufficient
bond with a corporate surety company as surety, or a cash bond, to
be approved by the Mayor, in a sum to be fixed by the Mayor at not
less than double the estimated damages, conditioned that the applicant
will promptly and fully pay the owner for any public or private property
injured or destroyed by the applicant in the process of moving such
building, and that the applicant will reimburse the Town for costs
and expenses incurred by the Town in removing water, sewer, and electric
department facility obstacles from the route and restoring the same.
15.
Section 1401.2 is amended to read as follows:
1401.2 Applicability. Structures existing prior
to November 1, 2016, in which there is work involving additions, alterations
or changes of occupancy, shall be made to conform to the requirements
of this Section or the provisions of Chapters 5 through 13.
The provisions in sections 1401.2.1 through 1401.2.5 of this
code (previously sections 3412.2.1 through 3412.2.5 of the International
Building Code) shall apply to existing occupancies that will continue
to be, or are proposed to be, in Use Groups A, B, E, F, 1-2, M, R,
and S. These provisions shall not apply to buildings with occupancies
in Use Group H, 1-1, 1-3 or 1-4.
[Ord. No. 2017-1246 § 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. 2017-1246 § 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.
