[Ord. No. 3121, 4-18-2016]
The Building Inspector of the City of Malden is hereby authorized
and directed to enforce all the provisions of this Chapter and for
such purpose he shall have the powers of a Police Officer, except
the power to make an arrest. His duties shall include inspecting premises
and issuing building permits and certificates of occupancy for buildings
and uses that meet the requirements of this Chapter.
[Ord. No. 3121, 4-18-2016; Ord. No. 3263, 8-15-2022]
A.
Building permits shall be issued in accordance with the following
provisions:
1.
Building Permit Required. It shall be unlawful to commence the
excavation or filling of any lot for any construction of any building,
or to begin construction of any building, or to commence the moving
or alteration of any building or to commence the development of land
for a use not requiring a building, until the Building Official has
issued a building permit for such work.
2.
Plat Required. All applications for building permits shall be
accompanied by a plat in duplicate for dimensioned sketch or to-scale
plan signed by the owner or his/her authorized agent, showing the
actual dimensions of the lot to be built upon, the location and size
of the building or structure to be erected, the location of adjoining
or surrounding buildings or structures, and such other information
as may be required by the Building Official, which is necessary to
provide for the enforcement of this Chapter.
3.
Time Limitation. Any building permit shall be valid for a period
of one (1) year from its date of issuance unless:
B.
Expired
Permit, Reapplication. Any expired permit may be extended for one
(1) additional year upon application to the Building Official and
demonstration of substantial compliance with the original permit.
C.
Appeal
Of Denial Of Reapplication. The denial of the extension of an expired
building permit may be appealed to the City Council upon written application
made within ten (10) days of the denial.
[Ord. No. 3121, 4-18-2016]
A.
No vacant land shall be occupied or used until a certificate of occupancy
shall have been issued by the Code Enforcement Officer.
B.
No premises shall be used, and no building hereafter erected or structurally
altered shall be used, occupied, or changed in use until a certificate
of occupancy and compliance shall have been issued by the Code Enforcement
Officer, stating that the building or proposed use of a building or
premises complies with the building laws and the provisions of these
regulations.
C.
Certificates of occupancy and compliance shall be applied for coincident
with the application for a building permit and shall be issued within
ten (10) days after the erection or structural alteration of such
buildings shall have been completed in conformity with the provisions
of these regulations. A record of all certificates shall be kept on
file in the office of the Code Enforcement Officer.
D.
No permit for excavation for any building shall be issued before
application has been made for certificate of occupancy and compliance.
E.
A certificate of occupancy shall be required of all non-conforming
uses. Application for a certificate of occupancy for non-conforming
uses shall be filed within twelve (12) months from the effective date
of this Chapter (April 18, 2016), with the Code Enforcement Officer.
F.
Denials. A certificate of occupancy shall not be issued unless the
proposed use of a building or land conforms to the applicable provisions
of this Chapter, or unless the building, as finally constructed, complies
with the sketch or plan upon which the building permit was issued.
[Ord. No. 3121, 4-18-2016]
A.
In
case any building or structure is erected, constructed, reconstructed,
altered, converted, or maintained, or any building, structure, or
land is used in violation of this Chapter, the City, in addition to
other remedies, may institute any appropriate action or proceedings
to prevent such unlawful erection, construction, reconstruction, alteration,
conversion, maintenance, or use, to restrain, correct, or abate such
violation, to prevent the occupancy of such building, structure, or
land, or to prevent any illegal act, conduct, business, or use in
or about such premises. Such regulations shall be enforced by the
Code Enforcement Officer who is empowered to cause any building, structure,
place, or premises to be inspected and examined and to order, in writing,
the remedying of any condition found to exist therein or thereat in
violation of any provision of the regulations made under authority
of this Chapter.
B.
The
owner or general agent of a building or premises where a violation
of any provisions of this Chapter has been committed or shall exist,
or the lessee or tenant of an entire building or entire premises where
such violation has been committed or shall exist, or the owner, general
agent, lessee or tenant of any part of the building or premises in
which such violation has been committed or shall exist, or the general
agent, architect, builder, contractor or any other person who commits,
takes part or assists in any such violation that exists, shall be
guilty of an ordinance violation punishable by a fine of not less
than ten dollars ($10.00) and not more than two hundred fifty dollars
($250.00) for each and every day that such violation continues, or
by imprisonment for ten (10) days for each and every day such violation
shall continue, or by both such fine and imprisonment in the discretion
of the court. Notwithstanding the provisions of Section 82.300, RSMo.,
for the second and subsequent offenses involving the same violation
at the same building or premises, the punishment shall be a fine of
not less than one hundred dollars ($100.00) and not more than five
hundred dollars ($500.00) for each and every day that such violation
shall continue, or by imprisonment for ten (10) days for each and
every day such violation shall continue, or by both such fine and
imprisonment in the discretion of the court.
C.
Any
such person who, having been served with an order to remove any such
violation, shall fail to comply with said order within ten (10) days
after such service or shall continue to violate any provision of this
Chapter in the respect named in such order shall also be subject to
a civil penalty of two hundred fifty dollars ($250.00).
[1]
Editor's Note: Sections 479.350 and 479.353, RSMo., may affect
the application of these penalties.
