[Ord. No. 328, 9-4-2018]
The following terms shall have the meaning within this Article
as set out herein:
Any dwelling, residential or commercial structure or mobile
home, factory built house, or part thereof, built for the support,
shelter or enclosure of persons, animals, chattels or property of
any kind.
City employee or contractor so designated by the Mayor or
Board of Aldermen shall be inspectors within the scope of this Article.
[Ord. No. 328, 9-4-2018]
A.
It
shall be unlawful for any person, owner, corporation, or agent to
occupy or permit the occupancy of any commercial, industrial or residential
premise or structure in the City of Jonesburg, without first obtaining
an inspection and Certificate of Occupancy. The terms "occupy" or
"occupancy" shall include the movement of furniture, equipment, or
other property into said premise or structure.
1.
For residential dwellings, commercial or industrial structures, an
inspection and Certificate of Occupancy shall be required upon any
change of occupancy.
[Ord. No. 328, 9-4-2018]
It shall be unlawful for any person to knowingly make any false
statement on an application for a Certificate of Occupancy.
[Ord. No. 328, 9-4-2018]
A.
The
Building Inspector or City Official of the City of Jonesburg, Missouri,
shall receive all applications for Certificates of Occupancy. Application
for an occupancy inspection and for a Certificate of Occupancy for
a residential, commercial or industrial structure shall be made by
the owner, buyer, tenant, lessee, operator or manager of said residential,
commercial or industrial structure on forms supplied by the City.
All applicable fees shall be paid at the time of application. The
City will require time to process all applications and will make contact
with the applicant to schedule an inspection.
B.
The
owner, buyer, tenant, lessee, operator or manager of said residential,
commercial or industrial structure shall provide identification in
the form of Drivers Licence, State ID, Passport, Military ID, Birth
Certificate or other accepted identification when completing the inspection/occupancy
request. When applying for residential occupancy the names, ages,
relationship and number of persons requesting to occupy the resident
are required.
C.
If
the Building Inspector or City Official of the City of Jonesburg,
Missouri, finds that the residential, commercial or industrial structure
does not meet the requirements of the ordinance(s), he/she shall notify
the applicant for the occupancy inspection and/or the Certificate
of Occupancy of such deficiencies in writing, informing him/her that
the residential, commercial or industrial structure may not be occupied
until the deficiencies are corrected.
D.
When
the Building Inspector or City Official of the City or Jonesburg,
Missouri, finds that the residential, commercial or industrial structure
does comply with the ordinance(s) he/she shall issue a Certificate
of Occupancy.
[Ord. No. 328, 9-4-2018]
The Building Inspector or City Official of the City of Jonesburg,
Missouri, is authorized to permit occupancy on a conditional basis,
for a term not to exceed ninety (90) days, when serious hardships
interfere with completing all repairs required to bring the residential,
commercial or industrial structure into full compliance with the ordinance(s).
The Building Inspector or City Official of the City of Jonesburg,
Missouri, may extend the expiration date of a conditional Certificate
of Occupancy if, in their opinion, the progress of repairs to date
so warrant. However, no conditional Certificate of Occupancy may be
extended for more than an additional ninety (90) days. No conditional
permit shall be issued for a residential, commercial or industrial
structure where a condition exists which could threaten the health
or safety of the occupant(s) or the general public.
[Ord. No. 328, 9-4-2018]
Any Certificate of Occupancy shall become invalid if the occupancy
is not commenced within one hundred twenty (120) days after it is
issued.
[Ord. No. 328, 9-4-2018]
A.
The
fees for inspections shall be as follows:
1.
Single-family or two-family dwellings: Twenty-five dollars ($25.00).
2.
Multi-family dwellings (Apartments/Condominiums): Twenty-five dollars
($25.00).
3.
Commercial structures: Fifty dollars ($50.00) on change of occupancy.
4.
Industrial structures: Fifty dollars ($50.00) on change of occupancy.
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The inspection fees shall include the initial inspection. All
subsequent re-inspections shall be charged fifteen dollars ($15.00)
per re-inspection. There shall be no inspection fee for inspections
within one (1) year of a prior inspection at which no violations of
the ordinance(s) were found.
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[Ord. No. 328, 9-4-2018]
Any person who feels that an error has been made in an inspection
performed by the Building Inspector or City Official may request a
review by the Board of Aldermen of the City of Jonesburg, Missouri.
If the Board of Aldermen of the City of Jonesburg, Missouri, after
review of the file and inspection of the premises, feels that the
citation of the violation is valid, they shall require that the violation
be corrected. Any decision of the Building Inspector of the City of
Jonesburg, Missouri, may be appealed to the Board of Aldermen by requesting
a hearing, in writing, within ten (10) days after the inspection report.
The Board will contact the party in regards to the date of the hearing
to be held within thirty (30) days.
[Ord. No. 328, 9-4-2018]
In issuing a Certificate of Occupancy, the City does not intend
to, nor does it warrant, insure, or guarantee to the holder thereof,
to his or her assignee or to any other interested person, that there
are no violations of any provision of this Section or any other ordinance.
The City makes no warranty or representation, whatsoever, as to the
condition of any building or its safety or habitability. This inspection
does not replace the purchaser's/occupant's own obligation to be satisfied
with the premises and to undertake private inspections at their own
expense. The City is not liable for any deficiencies or defects on
the premises. The inspection should not be considered a substitute
for the inspections performed by private inspection agencies, which
address the specific interest of a prospective occupant or purchaser.
Neither the inspection nor the inspection report constitutes a guarantee
or warranty expressed or implied regarding the present or future condition
of the house or the premises.
[Ord. No. 328, 9-4-2018]
A.
The
official, officer or employee charged with the enforcement of this
code, while acting for the jurisdiction, shall not thereby be rendered
liable personally, and is hereby relieved from all personal liability
for any damage accruing to persons or property as a result of an act
required or permitted in the discharge of official duties.
B.
The
official or any subordinate shall not be liable for costs in an action,
suit or proceeding that is instituted in pursuance of the provisions
of this code; and any officer of the City, acting 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.
[Ord. No. 328, 9-4-2018]
Any person violating any of the provisions of this Article shall
be deemed guilty of a misdemeanor. Each day of violation shall be
deemed a separate offense. Upon conviction of the provisions hereof
a penalty of no less than five dollars ($5.00) nor more than five
hundred dollars ($500.00) or confinement of from one (1) day to ninety
(90) days in jail, or both such fine and imprisonment shall be imposed
and paid for by such person convicted.
