City of Dardenne Prairie, MO Property Maintenance Code

101.1 Title. These regulations shall be known as the "International Property Maintenance Code of the City of Dardenne Prairie, Missouri," hereinafter referred to as "this code."

Section 102 Applicability.

102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, International Plumbing Code and NFPA 70. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Municipal Code, City of Dardenne Prairie, Missouri.

Section 103 Department Of Property Maintenance Inspection.

103.5 Fees. Fees related to administration of this code shall be as set forth elsewhere in this Chapter of the Municipal Code.

Section 110 Dangerous Buildings/Demolition.

110.1 General. The Building Official shall order the owner of any premises on which is located a structure which is found to be detrimental to the health, safety or welfare of the residents of the City of Dardenne Prairie, Missouri, or a structure which in the Code Official's judgment is so damaged, dilapidated or has become so unfit for human habitation or occupancy that it is unreasonable to repair the structure, to raze or remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to raze and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than six (6) months, to raze and remove such structure.

110.2 Notices And orders. Notice shall be deemed to be properly serviced if a copy thereof is: (a) delivered to the owner personally; or (b) sent by certified or registered mail addressed to the owner at the last known address with return receipt requested; or (c) a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice, and then by at least one (1) publication in a newspaper of general circulation in the City. The affected parties shall have not less than thirty (30) days from the date of service to complete demolition or to begin repairs. If (a) or (b) cannot be accomplished, (c) will be used.

110.3 Mandatory demolition or repair of a dangerous building. The following steps shall be taken to effect the mandatory demolition or repair of a structure which is deemed to be detrimental to the health, safety or welfare of the residents of the City of Dardenne Prairie, Missouri, or which is declared a dangerous building.

(4)

110.3.90 Notice of declaration of dangerous building. A notice of declaration of dangerous building and prehearing order shall be prepared and shall comply with Section 110.2.

(5)

110.3.91 Notice of hearing. Upon issuance of the notice of declaration of dangerous building, the Code Official shall call a hearing upon the matter. Notice shall comply with Section 110.2 and shall be provided at least ten (10) days prior to hearing.

(6)

110.3.92 Hearing. The Code Official or duly designated representative of the Code Official shall conduct a full and adequate hearing. Any affected party may be represented by counsel, and all affected parties shall have an opportunity to be heard. After the hearing, if evidence supports a finding that the structure is a dangerous building and detrimental to the health, safety or welfare of the residents of the City of Dardenne Prairie, Missouri, the Code Official shall issue a post-hearing order making specific findings of facts, based on the competent and substantial evidence and ordering the structure to be demolished and removed, or repaired. The post-hearing order shall comply with Section 110.91. The post-hearing order shall contain a date for completion of the required action.

(7)

110.3.93 Failure to demolish or repair as ordered. If the owner of the property has not undertaken the work within the time prescribed by the Code Official's order following the hearing and no proper appeal proceedings are pending, the Code Official may cause such structure to be vacated and repaired or demolished as provided in the post-hearing order. The Code Official shall certify the cost for such action, including all administrative cost, to the City Clerk, who shall cause a special tax bill against the property to be prepared, filed and collected. Said tax bill shall be a lien upon said property; said lien shall bear interest at the rate of ten percent (10%) per annum, until paid. If paid in installments, the tax bill shall be paid over a period of not more than ten (10) years.

(8)

110.90 Insurance proceeds. If there are proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building or other structure caused by or arising out of any fire, explosion, or other casualty loss, and if the covered claim payment is in excess of fifty percent (50%) of the face value of the policy covering a building or other structure, then the following procedures apply:

(a)

The insurer shall withhold from the covered claim payment twenty-five percent (25%) of the covered claim payment, and shall pay such moneys to the City to deposit into an interest-bearing account. Checks shall be made payable to the "City of Dardenne Prairie" and shall not include any co-payees. Any named mortgagee on the insurance policy shall maintain priority over any obligation under this Section. If a special tax bill or assessment is issued by the City for the expense of demolition of such building or structure as a dangerous building or structure, the money held by the City shall be applied toward a payment of special tax bill or assessment. If there is any excess, it shall be paid by the City to the insured or as the terms of the policy and endorsements thereto provide.

(b)

If within thirty (30) days of the receipt of such insurance monies the City has not instituted legal proceedings by issuance of the notice provided for in Section 110, or Section 114.2 of the Building Code of the City of Dardenne Prairie, or by taking emergency measures as provided for in Section 116 of the Building Code of the City of Dardenne Prairie, then the City's Director of Finance shall release such proceeds and any interest which has accrued on such proceeds to the insured under the insurance policy or as the terms of the policy and endorsements thereto provide.

(c)

If such building or structure is repaired or demolished pursuant to this Article as attested to by the Building Official without cost to the City, then any insurance proceeds paid to the City's Director of Finance and any interest thereon shall be paid to the insured under the insurance policy, or as the terms of the policy and endorsements thereto provide.

(d)

When the City takes bids from independent contractors for demolition of a building, bidders shall deduct any salvage value materials of the building or structure may have, from the cost of demolition in arriving at their bid amount. In no case will the net cost of demolition be increased in order to effect salvage of materials.

(e)

Upon presentation of satisfactory proof that the insured has removed or will remove debris, and repair, rebuild or otherwise make the insured premises safe and secure, the Building Official shall issue a notice within thirty (30) days after receipt of such satisfactory proof to permit covered claim payment to the insured without deduction. It shall be the obligation of the insured or other person making claim to provide the insurance company with such notice.

(f)

No provision of this Section shall be construed to make the City a party to any insurance contract.

Section 111 Means Of Appeal.

111.2 Application For appeal. For the purposes of this code, all appeals shall be in accordance with the procedure established for the Building Code of the City of Dardenne Prairie, Missouri.

111.2 Appeals board. Delete in its entirety.

111.2.1 Alternate members. Delete in its entirety.

(4)

111.2.2 Chairman. Delete in its entirety.

(5)

111.2.3 Disqualification of member. Delete in its entirety.

(6)

111.2.4 Secretary. Delete in its entirety.

(7)

111.2.5 Compensation of members. Delete in its entirety.

(8)

111.4 Open hearing. Delete in its entirety.

(9)

111.4.1 Procedure. Delete in its entirety.

(10)

111.5 Postponed hearing. Delete in its entirety.

(11)

111.6 Board decision. Delete in its entirety.

(12)

111.6.1 Records and copies. Delete in its entirety.

(13)

111.6.2 Administration. Delete in its entirety.

(14)

111.7 Court review. Delete in its entirety.

(15)

111.8 Stays of enforcement. Delete in its entirety.

Section 112 Stop-Work Order.

112.4 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).

Section 190 Insurance Proceeds.

Chapter 3 General Requirements.

Section 302 Exterior Property Areas.

302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking lots, private streets, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.

302.4 Weeds. Refer to City of Dardenne Prairie Municipal Code Chapter 215.

302.7 Accessory structures. Accessory structures, including detached garages, fences, private signs, sheds, exterior storage structures, flagpoles and walls, shall be maintained structurally sound and in good repair.

(4)

302.8 Motor vehicles. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. (Refer to City of Dardenne Prairie Municipal Code Chapter 215.)

Exception:

A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.

Section 303 Swimming Pools, Spas And Hot Tubs.

303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than twenty-four (24) inches (610 mm) in depth shall be completely surrounded by a fence or barrier not less than forty-eight (48) inches (1,219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is not less than fifty-four (54) inches (1,372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six (6) inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.

Exceptions:
	1. Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this Section.
	2. Where a pool with a chain link fence, a minimum of forty-two (42) inches in height, was erected prior to April 5, 1999, the fence shall be allowed to remain as an approved barrier.

Section 304 Exterior Structure.

304.2 Protective treatment. Exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition and free from mold/algae. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.

304.7 Roofs and drainage. The roof and flashing shall be: (1) sound, (2) tight, and (3) not have defects that admit rain. Missing shingles shall be replaced with similar roof covering. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.

304.14 Insect screens. During the period from January 1 to December 31, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum sixteen (16) mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

Exception:

Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

Chapter 6 Mechanical And Electrical Requirements.

Section 602 Heating Facilities.

602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one (1) or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from January 1 to December 31 to maintain a minimum temperature of 68° F. (20° C.) in all habitable rooms, bathrooms and toilet rooms.

Exceptions:
	1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required, provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.
	2. In areas where the average monthly temperature is above 30° F. (-1° C.), a minimum temperature of 65° F. (18° C.) shall be maintained.