[CC 1990 § 7-6; Ord. No. 1932 § 1, 5-5-2003]
A.
To protect, provide for and promote the public safety, health, comfort,
morals and general welfare of the residents of the City of Chesterfield,
Missouri, by establishing minimum requirements for safe and sanitary
exterior maintenance of the structure/buildings and accessory structures.
These general objectives include, among others, the following specific
purposes:
1.
To protect the character and stability of all residential and
non-residential properties within the City.
2.
To provide minimum standards for the exterior maintenance of
the residential and non-residential property within the City.
3.
To prevent the creation of any blighting conditions by preventing
the deterioration of any residential and non-residential property
and thereby preserving the value of land and buildings throughout
the City.
4.
To provide the means for the administration and enforcement
of this Article to ensure that the above purposes are accomplished.
[CC 1990 § 7-7; Ord. No. 1932 § 1, 5-5-2003]
Every residential and non-residential building/structure within
the City, whatever the nature of its use, whether vacant or occupied,
whether existing or hereafter constructed, shall be maintained in
accordance with the applicable requirements of this Article. In any
case where a provision of any Zoning, Building, Fire, Safety or Health
Code of the municipality existing on the effective date of this Article
or hereafter established is found to be in conflict with the provisions
contained herein, the provision that establishes the more restrictive
standard shall prevail.
[CC 1990 § 7-8; Ord. No. 1932 § 1, 5-5-2003]
As used in this Article, the following terms shall have the
respective meanings ascribed to them:
A detached subordinate structure located on the same lot
as the main structure. Where a part of the wall of an accessory structure
is part of a main structure or where an accessory is attached by a
roof, such accessory structure shall be considered as part of the
main structure. The use of said structure is customarily incidental
to the main structure.
Approved as applied to a material, device or method of construction
shall mean approved by the Building Code adopted by the City or approved
by other authority designed by law to give approval in the matter
in question.
A floored and wall substructure of a building at least fifty
percent (50%) below the average finished grade of the building.
A portion of a separate structure not part of a dwelling
building located partly or wholly underground and having one-half
(1/2) or more of its clear floor-to-ceiling height below the average
grade of the adjoining ground.
Property as described in Chapter 448, RSMo., and all amendments
thereto. (See definition of "owner.")
The condition or appearance of a building, or part thereof,
characterized by evidence of physical decay, neglect or lack of maintenance.
Any building, or portion thereof, which is designed or used
or intended to be used as a living or sleeping facility for human
occupants.
A self-sufficient living area for one (1) family having its
own permanently installed cooking and sanitary facilities.
An element or feature present on the exterior of a building
including such objects as flagpoles, light fixtures and other semipermanently
fixed structures.
A building or portion thereof designed for or occupied exclusively
by three (3) or more families living independently of each other in
individual dwelling units.
The person, firm, partnership, corporation or other entity
that has possession of any part of the space within the building.
Any person, firm, partnership, corporation or other entity
who alone, jointly or severally with others, shall be in actual possession
of, or have charge, care or control of any dwelling unit within the
City. When the owner is represented by an employee, agent, trustee,
guardian of the estate or person of the title holder, such person
shall be bound to comply with the provisions of this Article to the
same extent as the owner. In all cases of condominiums, the board
of managers shall be responsible for complying with all provisions
of this Article, if within the common elements, as defined by the
specific declaration and bylaws.
Any person, firm, partnership, corporation or other entity
who alone, jointly or severally with others shall be the titled owner
or, shall be in actual possession of, or have charge, care or control
of any building or part of a building within the City or the right
to take charge, care or control of any building or part of a building
within the City. When the owner is represented by an employee, agent,
trustee, guardian of the estate or person of the title holder, such
person shall be bound to comply with the provisions of this Article,
including the common elements, as defined by the specific declaration
and bylaws of the particular property or building.
A corporation, firm, partnership, association, organization
and any other group acting as a unit, as well as any individual. It
shall also include any executor, administrator, trustee, receiver
or other representative appointed according to law. Whenever the word
"person" is used in any Section of this Article, prescribing a penalty
or fine, as to partnerships or associations, the word shall include
the individual partners or individual members thereof, and as to corporations,
shall include the individual officers, agents or members thereof who
are responsible for any violation of such Section.
A lot, plot or parcel of land or any part thereof, including
the buildings or structures thereon.
To restore to a good and sound condition, state of operation,
appearance or serviceability and free from defect or decay. All repairs
to be made with materials similar to the undamaged area and designed
to last approximately as long as would replacement by new materials.
To remove an existing item or portion of an item that cannot
be restored, or in lieu of the repair of an item, to a good and sound
state of operation, appearance or serviceability so as to be free
from decay or defect and to construct or install any item with an
item of improved quality or of similar quality as the existing item
when new. Replacement will ordinarily take place when the item is
not repairable.
Anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having a
permanent location on the ground, including, but without limiting,
the generality of the foregoing: pergolas, radio towers, memorials
and ornamental structures. The word "structure" includes the word
"building" in addition to the foregoing.
An open space on the same lot with a structure.
[CC 1990 § 7-9; Ord. No. 1932 § 1, 5-5-2003]
The Director of Planning is hereby designated to exercise the
powers prescribed by this Article. In addition to the authority which
may be specifically provided in this Article, the Director may exercise
such powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this Article. The Director of Planning
may appoint and fix the duties of such officers, agents and employees
as the Director deems necessary to carry out the purposes of this
Article and may delegate any of the aforementioned functions or powers
to another officer, agent and/or employees.
[CC 1990 § 7-10; Ord. No. 1932 § 1, 5-5-2003]
A.
General. The exterior of a building, including any exterior lighting
mounted on the building, shall be maintained in a structurally sound
and sanitary condition.
B.
Foundations. Every foundation shall be reasonably weathertight and
in good repair. The foundation elements shall adequately support the
building at all points. All foundation walls shall be maintained so
as to carry the safe design and operating dead and live loads.
C.
Roofs. The roof shall be sufficiently weathertight, without loose
shingles, missing or unsecured roofing materials.
D.
Stairs, Porches, Railings And Decks. No porch, stairway, railing
or deck shall have rotting, loose or deteriorating supports. All stairs,
porches, handrails and decks shall be maintained in such a manner
as to be capable of supporting the load for which it was intended.
E.
Windows, Doors, Screens And Garage Doors. Every window, screen and
door shall fit reasonably tight within its frame and shall be in good
repair, operable, capable of being easily opened and held in position
by hardware. They shall be substantially tight without cracks, breaks
or holes.
F.
Hardware And Fixtures. All exterior hardware and fixtures, including
decorative fixtures, shall be well anchored and without loose or unsecured
elements that pose a safety hazard.
G.
Driveways And Sidewalks. Driveways and sidewalks shall be maintained
in such a manner as to remain reasonably free of holes, cracks and
other signs of deterioration, wide or uneven ridges that may impede
the safety of pedestrians.
H.
Fences And Retaining Walls. Fences and retaining walls shall be anchored
firmly and be intact without loose or missing pieces, holes or breaks
in materials that would cause a failure of the fence or retaining
wall to support the uses for which it is intended.
I.
Accessory Buildings, Structures Or Appurtenances. All accessory buildings
or structures, including, but not limited to, tie walls, retaining
walls, antennas, towers, etc., shall be subject to all requirements
of this Article.
J.
Structural Members. All supporting structural members of a structure
shall be kept in a structurally sound condition, free of deterioration
and maintained in such manner as to be capable of safely bearing the
dead and live loads imposed upon them.
K.
Exterior Walls. Every exterior structural or architectural wall shall
be free of holes, breaks, loose or rotting boards or timber or any
other condition which might admit rain or dampness to the interior
portions of the walls or to the occupied spaces of the building. All
exterior surface materials, including wood, composition or metal siding,
shall be maintained in a weatherproofed condition and shall be properly
surface coated to prevent deterioration. Where an existing painted
wall surface has areas of chipping, peeling, scaling or missing paint
equal to or greater than twenty-five percent (25%) of the painted
area, then such surface shall be repainted or stripped of all paint
and given a water-resistant coating if necessary.
L.
Decorative Features. All cornices, moldings, belt courses, corbels,
trim, wall facings and similar decorative features shall be maintained
in good repair with proper anchorage and in safe condition.
M.
Canopies, Marquees, Awnings And Overhangs. All canopies, marquees,
awnings and any overhead extension shall be maintained in good repair
and be properly anchored, shall be protected from the elements and
against decay and rust by the periodic application of weather-coating
materials such as paint or other protective treatment.
N.
Chimneys. All chimneys, smokestacks, cooling towers and similar appurtenances
shall be maintained in a structurally safe and sound condition and
in good repair.
O.
Basement Hatchways. Every basement or cellar hatchway shall be constructed
and maintained in a safe and effective condition to prevent the entrance
into the building of rodents, rain or surface drainage.
P.
Gutters And Downspouts. Rain gutters and downspouts or other means
of water diversion that are provided to collect/conduct and discharge
all water from the roof shall be anchored securely so as to discharge
the water from the roof in the direction and manner intended.
[Ord. No. 3104, 5-18-2020]
The placement of any container on or adjacent to residential
property shall require approval of a Municipal Zoning Approval (MZA).
Said permit shall be issued for a period not to exceed thirty (30)
days. Extensions may be granted by the Director of Planning for an
additional thirty (30) days. The container must be wholly on the permittee's
property.
[1]
Editor's Note: Former Section 500.150, Registering Allegations,
was repealed 1-22-2020 by Ord. No. 3085.
[CC 1990 § 7-12; Ord. No. 1932 § 1, 5-5-2003]
A.
Any authorized officer or agent of the City, pursuant to this Article,
shall be allowed onto any land within the City limits to investigate
violations of this Article, provided that such entries shall be made
in such a manner as to cause the least possible inconvenience to the
persons in possession and said officer shall obtain an order for this
purpose from a court of competent jurisdiction in the event entry
is denied or resisted.
B.
Any authorized officer or agent of the City pursuant to this Article
shall be allowed to enter onto any land within the City limits to
abate violations of this Article.
C.
It shall be unlawful for any person to interfere with a Public Officer
or agent of the City in performing his/her duties pursuant to this
Article whether investigating or abating violations.
[CC 1990 § 7-13; Ord. No. 1932 § 1, 5-5-2003]
A.
Whenever it comes to the attention of the City, or the City becomes
aware of the existence of a violation, the City shall investigate
the violation. If the City's representative discovers a basis for
determining that one (1) or more Sections of this Article have been
violated, they shall issue a notice of violation. Said notice shall
be left with any adult person occupying or in possession of such property,
whether such person is the owner, renter or lessee thereof, by delivering
such warning notice to such person, or if no one is present in the
property or refuses to accept the notice, by posting the warning notice
on the front or side or rear entrance to the residence or building.
B.
The notice provided in Subsection (A) shall contain:
1.
The address or legal description of the property;
2.
The ordinance number of the ordinance being violated;
3.
The nature of the violation and the date by which such violation
shall be removed or abated;
4.
A notice of the penalty for failure to remove or abate the violation,
stating that if the violation reoccurs by the same occupier, owner
or person in charge, a summons will be issued without further notice.
5.
The date that a hearing will be held before the Director of
Planning or a designated agent at a place and time fixed not less
than ten (10) days or more than thirty (30) days after the service
or mailing of said notice.
6.
Such notice shall also state that the owner, mortgagee and the
parties in interest shall be given the right to file an answer to
the allegations and to appear in person, or otherwise with or without
legal counsel, and give testimony at the place and time fixed in the
notice. Said notice shall also state that the rules of evidence prevailing
in courts of law or equity shall not be controlling in hearings before
the hearing officer.
C.
During said hearing, the hearing officer shall have the power and
authority to administer oaths and affirmations, examine witnesses
and receive evidence. The rules of evidence utilized by courts in
Missouri shall not be controlling in hearings before the public officer.
D.
If the violation occurs on property where a residence or building is unoccupied, the warning notice may be posted as provided for in Subsection (A). If the violation occurs on unimproved property, the warning notice may be posted upon a tree or other object upon the property.
E.
In addition, a notice in writing containing the same information as provided on the warning notice provided in Subsection (B) shall be sent to the last known address of owner of record as identified by the St. Louis County tax records or any other person having control of the property and any mortgage of record, by ordinary mail, postage prepaid.
[CC 1990 § 7-14; Ord. No. 1932 § 1, 5-5-2003]
Within thirty (30) days of any hearing held pursuant to Section 500.170, the hearing officer shall issue a written order containing findings of fact and stating the officer's determination. Such order shall be directed to the owner and served in a manner prescribed in Section 500.170 upon the owner and all other persons entitled to notice according to the provisions of Section 500.170(A). If the hearing officer determines that a violation has occurred, the order shall require the repair, alteration or improvement to be made and shall specify a time for the repair, alteration or improvement to be completed so as to correct the violation.
[CC 1990 § 7-15; Ord. No. 1932 § 1, 5-5-2003]
Once a notice has been given as required by Section 500.170 on a lot or tract of land in or on which a violation has been created or maintained and, after abatement thereof, the same violation recurs in or on the same lot or tract of land by the same person or persons responsible therefor within one (1) year of the abatement, no further notice as set forth in Section 500.170 need be given. Thereafter, such responsible person or persons may be summoned into Municipal Court to answer to the charges against him/her. In addition to the court costs normally assessed in all such cases, there shall be added thereto all costs incurred by the City in abating the violation as set out in Sections 500.170 and 500.180.
[CC 1990 § 7-16; Ord. No. 1932 § 1, 5-5-2003]
A.
Upon neglect or failure to act upon the order of the hearing officer,
the City shall issue a summons as follows:
1.
Summons, Service Of. If a notice is given as provided in Section 500.170, and if after the time for removal or abatement has lapsed the property is reinspected and the Inspecting Officer finds and determines that the violation has not been removed or abated, the Inspecting Officer shall fill out and sign as the complainant a complaint and information form, hereinafter referred to as a summons, directed to the same individuals as set forth in Section 500.170 and delivered in the same manner as set forth in Section 500.170 and specifying the Section of the Article which is being violated and setting forth in general the nature of the violation. The summons shall contain a date on which the case will be on the Municipal Court docket for hearing. The City Prosecuting Attorney or Assistant City Prosecuting Attorney will review and approve the summons and then shall sign the original copy of all such summons, and the original thereof shall be forwarded to the Clerk of the Municipal Court for inclusion on the court's docket for the date shown on the summons.
2.
Abatement By City — Costs Assessed To Person Responsible. If the condition violating this Article is not corrected, after the occupant, owner or person in charge of property for which a warning notice has been given to remove or abate a violation fails to remove or abate the violation in the time specified in the notice, whether residential or non-residential, then the City may remove the same and thereby abate the violation and, if necessary, may lawfully enter upon the property on which the violation remains unabated to remove or abate such violation at the costs of the person or persons responsible for creating or maintaining the violation or by any persons as defined in Section 500.120.
3.
Payment Of Costs — Special Tax Bill Or Judgment. All costs
and expenses incurred by the City in removing or abating any violation
on any residential or non-residential property may be assessed against
the property in the form of a special tax bill, which special tax
bill shall become a lien on the property. Alternatively, the cost
of removing or abating the violation may be made a part of the judgment
by the Municipal Judge, in addition to any other penalties and costs
imposed, if the person charged either pleads guilty or is found guilty
of causing, creating or maintaining a violation on residential or
non-residential property.
