[R.O. 2006 §510.010; CC 1986 §45.010]
The following definitions shall apply in the interpretation
and enforcement of this Chapter:
A portion of a building located partly underground, but having
less than half (½) its clear floor-to-ceiling height below
the average grade of the adjoining ground.
A portion of a building located partly or wholly underground
and having one-half (½) or more than one-half (½) of
its clear floor-to-ceiling height below the average grade of the adjoining
ground.
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants; provided that temporary
housing as hereinafter defined shall not be regarded as a dwelling.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating.
The Mayor or his/her appointed staff assistants who are authorized by Section 510.020 of this Chapter to make inspections to determine the condition of dwellings located within the jurisdiction of this Chapter and who are to generally administer the enforcement of this Code in all respects.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poisoning,
spraying, fumigating, trapping or by any other recognized and legal
pest elimination methods approved by the Enforcement Officer.
The vegetable and animal waste resulting from the handling,
preparation, cooking and consumption of food.
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking or eating purposes, excluding bathrooms,
water closet compartments, laundries, pantries, foyers or communicating
corridors, closets and storage spaces.
The presence, within or around a dwelling, of any insects,
rodents or other pests.
Whenever the words "dwelling", "dwelling
unit", "rooming house", "rooming
unit", "premises" are used in this Chapter,
they shall be construed as though they were followed by the words "or any part thereof".
Any dwelling containing more than two (2) dwelling units.
Any person over one (1) year of age living, sleeping, cooking
or eating in, or having actual possession of, a dwelling unit or rooming
unit.
Any person who has charge, care or control of a building
or part thereof in which dwelling units or rooming units are let.
The temperature fifteen degrees Fahrenheit (15° F) above
the lowest recorded temperature for the previous ten (10) year period.
Any person who, alone or jointly or severally with others:
Shall have legal title to any dwelling or dwelling unit, with
or without accompanying actual possession thereof; or
Shall have charge, care or control of any dwelling or dwelling
unit as owner or agent of the owner or as executrix, administrator,
administratrix, trustee or guardian of the estate of the owner.
Includes any individual, firm, corporation, association or
partnership.
Includes all of the following supplied facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal unit,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes-washing machines, catch
basins, drains, vents and any other similar supplied fixtures, together
with all connections to water, sewer or gas lines.
Any dwelling or that part of any dwelling containing one
(1) or more rooming units in which space is let by the owner or operator
to three (3) or more persons who are not husband or wife, son or daughter,
mother or father or sister or brother of the owner or operator.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking
and eating purposes.
Combustible and non-combustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke and other combustible material; paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery, etc.
Paid for, furnished or provided by or under the control of
the owner or operator.
Any tent, trailer or other structure used for human shelter
which is designed to be transportable and which is not attached to
the ground, to another structure or to any utilities system on the
same premises for more than thirty (30) consecutive days.
[R.O. 2006 §510.020; CC 1986 §45.020]
The Enforcement Officer is hereby authorized and directed to
make inspections to determine the condition of dwellings, dwelling
units, rooming units and premises located within the City of Willow
Springs, Missouri, in order that he/she may perform his/her duty of
safeguarding the health and safety of the occupants of dwellings and
of the general public. For the purpose of making such inspections,
the Enforcement Officer is hereby authorized to enter, examine and
survey at all reasonable times all dwellings, dwelling units, rooming
units and premises. In the event the owner or occupant of any dwelling,
dwelling unit or rooming unit or the person in charge thereof refuses
to give the Enforcement Officer free access to such dwelling, dwelling
unit or rooming unit and its premises at any reasonable time for the
purpose of such inspection, examination and survey, then and in that
event the Enforcement Officer may apply for a search warrant for such
inspection from a court of competent jurisdiction when it is reasonably
believed and probable cause exists that any provision of this Chapter
is being violated.
[R.O. 2006 §510.030; CC 1986 §45.030]
A.
Whenever
the Enforcement Officer determines that there are reasonable grounds
to believe that there has been a violation of this Chapter he/she
shall give notice to the person or persons responsible therefore.
Such notice shall:
1.
Be put in writing;
2.
Include a statement of the reasons why it is being issued;
3.
Allow a reasonable time for the performance of any act it requires;
4.
Be served upon the owner or his/her agent or the occupant, as the
case may require; provided that such notice shall be deemed to be
properly served upon such owner or agent or upon such occupant, if
a copy thereof is served upon him/her personally; or if a copy thereof
is sent by registered mail to his/her last known address; or if a
copy thereof is posted in a conspicuous place in or about the dwelling
affected by the notice; or if he/she is served with such notice by
any other method authorized or required under the laws of this State.
B.
Such
notice may contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this Chapter and with
rules and regulations adopted pursuant thereto.
C.
Any
persons affected by any notice which has been issued in connection
with the enforcement of any provision of this Chapter, or of any rule
or regulation adopted pursuant thereto, may request and shall be granted
a hearing on the matter before the Enforcement Officer; provided that
such person shall file in the office of the Enforcement Officer a
written petition requesting such hearing and setting forth a brief
statement of the grounds therefor within ten (10) days after the notice
was served. Upon receipt of such petition the Enforcement Officer
shall set a time and place for such hearing and shall give the petitioner
written notice thereof. At such hearing the petitioner shall be given
an opportunity to be heard and to show why such notice should be modified
or withdrawn. The hearing shall be commenced not later than ten (10)
days after the day on which the petition was filed; provided that
upon application of the petitioner the Enforcement Officer may postpone
the date of the hearing for a reasonable time beyond such ten (10)
day period, if in his/her judgment the petitioner has submitted a
good and sufficient reason for such postponement.
D.
After such hearing the Enforcement Officer shall sustain, modify or withdraw the notice, depending upon his/her finding as to whether the provisions of this Chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Enforcement officer sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to Section 510.030 of this Chapter shall automatically become an order if a written petition for a hearing is not filed in the office of the Enforcement officer within ten (10) days after such notice is served. After a hearing in the case of any notice suspending any permit required by this Chapter, or by any rule or regulation adopted pursuant thereto, when such notice has been sustained by the Enforcement Officer, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Enforcement Officer within ten (10) days after such notice is served.
E.
The
proceedings at such hearing, including the findings and decision of
the Enforcement Officer, shall be summarized, reduced to writing and
entered as a matter of public record in the office of the Enforcement
Officer. Such record shall also include a copy of every notice or
order issued in connection with the matter. Any person aggrieved by
the decision of the Enforcement Officer may seek relief therefrom
in any court of competent jurisdiction as provided by the laws of
this State.
F.
Whenever
the Enforcement Officer finds that an emergency exists which requires
immediate action to protect the public health, he/she may, without
notice or hearing, issue an order reciting the existence of such an
emergency and requiring that such action be taken as he/she deems
necessary to meet the emergency. Notwithstanding the other provisions
of this Chapter, such order shall be effective immediately. Any person
to whom such order is directed shall comply therewith immediately,
but upon petition to the Enforcement Officer shall be afforded a hearing
as soon as possible. After such hearing, depending upon his/her findings
as to whether the provisions of this Chapter and of the rules and
regulations adopted pursuant thereto have been complied with, the
Enforcement Officer shall continue such order in effect or modify
it or revoke it.
[R.O. 2006 §510.040; CC 1986 §45.040]
The Enforcement Officer is hereby authorized to make and, after
a public hearing has been held in accordance with the laws governing
the conduct of public hearings by the Enforcement Officer of the City
of Willow Springs, Missouri, to adopt such written rules and regulations
as may be necessary for the proper enforcement of the provisions of
this Chapter; provided that such rules and regulations shall not be
in conflict with the provisions of this Chapter. The Enforcement Officer
shall file a certified copy of all rules and regulations which he/she
may adopt with the Clerk of the City of Willow Springs, Missouri.
Such rules and regulations shall have the same force and effect as
the provisions of this Chapter and the penalty for violation thereof
shall be the same as the penalty for violation of the provisions of
this Chapter as hereinafter provided.
[R.O. 2006 §510.050; CC 1986 §45.050; Ord. No. 1316 §1, 4-14-2003]
A.
No
person shall occupy as owner-occupant or let to another for occupancy
any dwelling or dwelling unit which does not comply with the following
requirements:
1.
Every dwelling unit shall contain a kitchen sink in good working
condition and properly connected to a water and sewer system.
2.
Every dwelling unit shall contain a toilet room which affords privacy
to a person within said room and which is equipped with a flush water
closet and a lavatory basin in good working condition and properly
connected to a water and sewer system. The toilet cannot be within
a habitable room.
3.
Every dwelling unit shall contain, within a room which affords privacy
to a person within said room, a bathtub or shower in good working
condition and properly connected to a water and sewer system.
4.
Every required kitchen sink, lavatory basin and bathtub or shower
shall be properly connected with hot and cold water lines.
5.
Every structure is required to have a shut-off valve in place on
their main water supply line for their private control.
6.
If a shut-off valve is not in place and a City employee is required
to turn off the water supply to any structure, there will be a minimum
service charge of fifty dollars ($50.00).
7.
Every dwelling shall have supplied water-heating facilities which
are properly installed and connected with the hot water lines required
under the previous Subsection (4) and are capable of heating water
to such a temperature as to permit adequate amounts of water to be
drawn at every required kitchen sink, lavatory basin, tub or shower
at a temperature of not less than one hundred twenty degrees Fahrenheit
(120°F).
8.
The occupants of every dwelling unit shall supply adequate rubbish
storage facilities, adequate garbage disposal facilities or garbage
storage containers.
9.
Every dwelling unit shall have adequate garbage disposal facilities
or garbage storage containers, type and location of which are approved
by the Enforcement Officer.
10.
Every dwelling unit shall have safe, unobstructed means of egress
leading to safe and open space at ground level.
11.
The occupants of not more than two (2) dwelling units may share a
single flush water closet, a single lavatory basin and a single bathtub
or shower if:
a.
Neither of the two (2) dwelling units contains more than two (2)
rooms; provided that for the purposes of this Subsection, a kitchenette
or an efficiency kitchen with not more than sixty (60) square feet
of floor area shall not be counted as a room; and that
b.
The habitable area of such dwelling units shall equal not more than
two hundred fifty (250) square feet of floor area; and that
c.
Such water closet, lavatory basin and bathtub or shower shall be
in good working condition and properly connected to a water and sewer
system; and that
d.
Such facilities shall be in the same building in which sleeping units
are located and shall be conveniently accessible to the tenants, but
shall not be in any habitable room.
[R.O. 2006 §510.060; CC 1986 §45.060]
A.
No
person shall occupy as owner-occupant or let to another for occupancy
any dwelling or dwelling unit for the purpose of living therein which
does not comply with the following requirements:
1.
Every habitable room shall have at least one (1) window or skylight
facing directly to the outdoors. The minimum total window area for
every habitable room shall be at least ten percent (10%) of the floor
area of such room. Whenever walls or other portions of structures
are located less than three (3) feet from the window and extend to
a level above that of the ceiling of the room, such a window shall
not be deemed to face directly to the outdoors and shall not be included
as contributing to the minimum total window area. Whenever the only
window is the skylight-type window in the top of such room, the total
window area of such skylight shall equal at least twelve and one-half
percent (12½%) of the total floor area of such room.
2.
Every habitable room shall have at least one (1) window or skylight
which can easily be opened or such other device as will adequately
ventilate the room. The total of openable window area in every habitable
room shall be equal to at least forty-five percent (45%) of the minimum
window area size or minimum skylight-type window size as required
in the above Subsection, except where there is supplied some other
device affording adequate ventilation and approved by the Enforcement
Officer.
3.
Every bathroom and water closet compartment shall comply with the
light and ventilation requirements for applicable rooms contained
in the above Subsection, except no window or skylight shall be required
in an adequately ventilated system which is kept in continuous operation
and approved by the Enforcement Officer.
4.
Where there is electric service available from power lines which
are not more than three hundred (300) feet away from a dwelling, every
habitable room of such dwelling shall contain at least two (2) separate
floor or wall-type electric convenience outlets or one (1) such convenience
outlet and one (1) supplied ceiling-type electric light fixture; and
every water closet compartment, bathroom, laundry room, furnace room
and public hall shall contain at least one (1) supplied ceiling or
wall-type electric light fixture. Every such outlet and fixture shall
be properly installed, shall be maintained in good and safe working
condition and shall be connected to the source of electric power in
a safe manner.
5.
Every dwelling shall have heating facilities which are property installed,
are maintained in safe and good working condition and are capable
of safely and adequately heating all habitable rooms, bathrooms and
water closet compartments in every dwelling unit located therein to
a temperature of at least seventy degrees Fahrenheit (70° F),
at a distance three (3) feet above floor level, under ordinary minimum
winter conditions.
6.
Every public hall and stairway in every multiple-dwelling containing
five (5) or more dwelling units shall be adequately lighted at all
times. Every public hall and stairway in structures devoted solely
to dwelling occupancy and containing not more than four (4) dwelling
units may be supplied with conveniently located light switches controlling
an adequate lighting system which may be turned on when needed, instead
of full-time lighting.
7.
During that portion of each year when the Enforcement Officer deems
it necessary for protection against mosquitoes, flies and other insects,
every door opening directly from a dwelling unit to outdoor space
shall have supplied screens and a self-closing device; and every window
or other device with openings to outdoor space, used or intended to
be used for ventilation, shall likewise be supplied with screens;
provided that such screens shall not be required during such period
in rooms deemed by the Enforcement Officer to be located high enough
in the upper stories of buildings as to be free from such insects
and in rooms located in areas of the City of Willow Springs, Missouri,
which are deemed by the Enforcement Officer to have so few such insects
as to render screens unnecessary.
8.
Every basement or cellar window used or intended to be used for ventilation
and every other opening to a basement which might provide an entry
for rodents shall be supplied with a screen or such other device as
will effectively prevent their entrance.
[R.O. 2006 §510.070; CC 1986 §45.070]
A.
No
person shall occupy as owner-occupant or let to another for occupancy
any dwelling or dwelling unit for the purpose of living therein which
does not comply with the following requirements:
1.
Every foundation, floor, wall, ceiling and roof shall be reasonably
weathertight, watertight and rodentproof and shall be kept in reasonably
sound working condition and good repair.
2.
Every inside and outside stair, every porch and every appurtenance
thereto shall be so constructed as to be safe to use and capable of
supporting the load that normal use may cause to be placed thereon
and shall be kept in sound condition and good repair.
3.
Every dwelling unit shall be supplied with electricity and have at
least one (1) electric outlet in each habitable room. Electric wiring
and fixtures shall be properly installed and maintained in safe working
condition.
4.
Every plumbing fixture and water and waste pipe shall be properly
installed and maintained in good sanitary working condition free from
defects, leaks and obstructions.
5.
Every water closet compartment floor surface and bathroom floor surface
shall be constructed and maintained so as to be reasonably impervious
to water and so as to permit such floor to be easily kept in a clean
and sanitary condition.
6.
Every supplied facility, piece of equipment or utility which is required
under this Chapter shall be so constructed or installed that it will
function safely and effectively and shall be maintained in satisfactory
working condition.
7.
No owner, operator or occupant shall cause any service, facility,
equipment or utility which is required under this Chapter to be removed
from or shut off from or discontinued for any occupied dwelling let
or occupied by him/her, except for such temporary interruption as
may be necessary while actual repairs or alterations are in process
or during temporary emergencies when discontinuance of service is
approved by the Enforcement Officer.
8.
No owner shall occupy or let to another occupant any vacant dwelling
unit unless it is clean, sanitary and fit for human occupancy conforming
with the requirements of this Chapter.
[R.O. 2006 §510.080; CC 1986 §45.080]
A.
No
person shall occupy or let to another for occupancy any dwelling or
dwelling unit for the purpose of living therein which does not comply
with the following requirements:
1.
Every dwelling unit shall contain at least one hundred fifty (150)
square feet floor space for the first (1st) occupant thereof and at
least one hundred (100) additional square feet of floor space for
every additional occupant thereof, the floor space to be calculated
on the basis of total habitable room area.
2.
In every dwelling unit of two (2) or more rooms, every room occupied
for sleeping purposes by one (1) occupant shall contain at least seventy
(70) square feet of floor space and every room occupied for sleeping
purposes by more than one (1) occupant shall contain at least fifty
(50) square feet of floor space per each occupant thereof.
3.
No dwelling or dwelling unit containing two (2) or more sleeping
rooms shall have such room arrangements that access to a bathroom
or water closet intended for use by occupants of more than one (1)
sleeping room can be had only by going through another sleeping room
or a bathroom or water closet compartment; nor shall room arrangements
be such that access to a sleeping room can be had only by going through
another sleeping room or a bathroom or water closet compartment.
4.
At least one-half (½) of the floor area of every habitable
room shall have a ceiling height of at least seven (7) feet; and the
floor area of that part of any room where the ceiling height is less
than five (5) feet shall be considered as part of the floor area in
computing the total floor area of the room for the purpose of determining
the maximum permissible occupancy thereof.
5.
No basement and/or cellar space shall be used as a habitable room
or dwelling unit unless:
a.
The floor and walls are impervious to leakage of underground and
surface runoff water and are insulated against dampness.
b.
The total of the window area in each room is equal to at least the minimum window area sizes required under Section 510.050, except where there is supplied some other device affording adequate ventilation and approved by the Enforcement Officer.
c.
The clear inner height is at least six (6) feet eight (8) inches
and no pipes or beams are below six (6) feet from lower level.
[R.O. 2006 §510.090; CC 1986 §45.090]
A.
Every
owner of a dwelling containing two (2) or more units shall be responsible
for maintaining in a clean and sanitary condition the shared or public
areas of the dwelling and premises thereof.
1.
Every occupant of a dwelling or dwelling unit shall keep in clean
and sanitary condition that part of the dwelling, dwelling unit and
premises thereof which he/she occupies and controls.
2.
Every occupant of a dwelling or dwelling unit shall dispose of all
his/her rubbish in a clean and sanitary manner.
3.
Every occupant of a dwelling or dwelling unit shall dispose of all
his/her garbage and any other organic waste which might provide food
for rodents in a clean and sanitary manner.
4.
Every occupant of a dwelling unit shall be responsible for the extermination
of any insects, rodents or other pests therein or on the premises.
Whenever infestation is caused by failure of the owner to maintain
a dwelling in a ratproof or reasonably insectproof condition, extermination
shall be the responsibility of the owner.
5.
Every occupant of a dwelling or dwelling unit shall be responsible
for hanging all screens and double or storm doors and windows whenever
the same are required under the provisions of this Chapter or of any
rule or regulation adopted pursuant thereto, except where the owner
has agreed to supply such service.
6.
Every occupant of a dwelling unit shall keep all plumbing fixtures
therein in a clean and sanitary condition and shall be responsible
for the exercise of reasonable care in the proper use and operation
thereof.
7.
Every owner or operator of a building, who permits to be occupied
any dwelling unit or rooming unit herein under an agreement, expressed
or implied, to the occupants thereof, shall supply heat adequate to
maintain therein from September fifteenth (15th) through May thirtieth
(30th) of the following year a minimum inside temperature of seventy
degrees Fahrenheit (70°F) at three (3) feet above floor level
based on outside design temperature in all habitable rooms, bathrooms,
shower rooms and toilet rooms or compartments between the hours of
6:30 A.M. and 11:00 P.M. and not less than sixty degrees Fahrenheit
(60°F) between the hours of 11:00 P.M. and 6:30 A.M. in all such
rooms. Provisions of this Section shall not apply where the failure
to maintain minimum requirements is caused by a general shortage of
fuel, neglect or malicious act to the occupant, necessary repairs
or alterations or any cause beyond the control of the owner or occupant.
[R.O. 2006 §510.100; CC 1986 §45.100]
B.
No
person shall operate a rooming house unless he/she holds a valid rooming
house permit issued by the Enforcement Officer in the name of the
operator and for the specific dwelling unit. The operator shall apply
to the Enforcement Officer for such permit which shall be issued by
the Enforcement Officer upon inspection and upon compliance by the
operator with the applicable provisions of this Chapter and of any
rules and regulations adopted pursuant thereto. The Enforcement Officer
shall charge a minimum fee of five dollars ($5.00) yearly for each
permit. Each permit shall be displayed in a conspicuous place within
the rooming house at all times. No such permit shall be transferable.
Every person holding such a permit shall give notice in writing to
the Enforcement Officer within twenty-four (24) hours after having
sold, transferred, given away or otherwise disposed of ownership or
interest in or control of any rooming house. Such notice shall include
the name and address of the person succeeding to the ownership or
control of such rooming house. Every rooming permit shall be dated
May first (1st) and shall expire on April thirtieth (30th) of the
year following, unless sooner suspended or revoked as hereinafter
provided. Permits not renewed by May thirty-first (31st) shall be
charged a penalty of one dollar ($1.00) per month for each month overdue.
C.
Any person whose application for a permit to operate a rooming house has been denied may request and shall be granted a hearing on the matter before the Enforcement Officer under the procedure provided by Section 510.030 of this Chapter.
D.
Whenever
the inspection of any rooming house indicates that conditions or practices
exist which are in violation of any provision of this Chapter or of
any rule or regulation adopted pursuant thereto, the Enforcement Officer
shall give notice in writing to the operator of such rooming house
that unless such conditions or practices are corrected within a reasonable
period, to be determined by the Enforcement Officer, the operator's
rooming house permit will be suspended. At the end of such period,
the Enforcement Officer shall reinspect such rooming house and if
it finds that such conditions and practices have not been corrected,
it shall give notice in writing to the operator that the latter's
permit has been suspended. Upon receipt of notice of suspension, such
operator shall immediately cease operation of such rooming house and
no person shall occupy for sleeping or living purposes any rooming
unit therein.
E.
Any person whose permit to operate a rooming house has been suspended or who has received notice from the Enforcement Officer that his/her permit is to be suspended unless existing conditions or practices at his/her rooming house are corrected may request and shall be granted a hearing on the matter before the Enforcement Officer under the procedure provided by Section 510.030.
Provided that no petition for such hearings filed within ten
(10) days following the day on which permit was suspended, such permit
shall be deemed to have been automatically revoked.
F.
At
least one (1) flush water closet for each ten (10) male persons; at
least one (1) flush water closet for each eight (8) female persons;
at least one (1) urinal for each twenty-five (25) male persons; optional
for females; at least one (1) lavatory basin for each twelve (12)
male persons; at least one (1) lavatory basin for each twelve (12)
female persons; at least one (1) bathtub or shower for each eight
(8) male persons; and at least one (1) bathtub or shower for each
eight (8) female persons. All such facilities shall be so located
within the dwelling as to be reasonably accessible from a common hall
or passageway to all persons sharing such facilities. Every lavatory
basin and bathtub or shower shall be supplied with hot water at all
times. No such facilities shall be located in a basement except by
written approval of the Enforcement Officer.
G.
The
operator of every rooming house shall change supplied bed linen and
towels therein at least once each week and prior to the letting of
any room to any occupant. The operator shall be responsible for the
maintenance of all supplied bedding in a clean and sanitary manner.
H.
Every
room occupied for sleeping purposes by one (1) person shall contain
at least seventy (70) square feet of floor space and every room occupied
for sleeping purposes by more than one (1) shall contain at least
fifty (50) square feet of floor space for each occupant thereof.
I.
Every
rooming unit shall have safe, unobstructed means of egress leading
to safe and open space at ground level, as required by the laws of
the State of Missouri and the City of Willow Springs.
J.
The
owner or operator of every rooming house shall be responsible for
the sanitary maintenance of all walls, floors and ceilings and the
maintenance of a sanitary condition in every other part of the rooming
house; and he/she shall be further responsible for the sanitary maintenance
of the entire premises where the entire structure or building is leased
or occupied by the operator.
K.
Every
provision of this Chapter which applies to rooming houses shall also
apply to hotels, except to the extent that any such provision may
be found in conflict with the laws of the State of Missouri or with
the lawful regulations of any State board or agency.
[R.O. 2006 §510.110; CC 1986 §45.110]
A.
The
designation of dwellings or dwelling units as unfit for human habitation
and the procedure for the condemnation and placarding of such unfit
dwellings or dwelling units shall be carried out in compliance with
the following requirements.
1.
Any dwelling or dwelling unit which shall be found to have any of
the following defects shall be condemned as unfit for human habitation
or required to be brought up to standards of this Chapter and shall
be so designated and placarded by the Mayor or his/her designated
agents.
a.
One which is so damaged, decayed, dilapidated, unsanitary, unsafe
or vermin-infested that it creates a serious hazard to the health
or safety of the occupants or of the public.
b.
One which lacks illumination, ventilation or sanitation facilities
adequate to protect the health or safety of the occupants or of the
public.
c.
One which because of its general condition or location is unsanitary
or otherwise dangerous to the health or safety of occupants or of
the public.
2.
Any dwelling or dwelling unit condemned as unfit for human habitation
and so designated and placarded shall be vacated within a reasonable
time as ordered by the Enforcement Officer. Failure to comply with
such vacation order shall be deemed a violation of this Chapter.
3.
No dwelling or dwelling unit which has been condemned and placarded
as unfit for human habitation shall again be used for human habitation
until written approval is secured from and such placard is removed
by the Enforcement Officer. The Enforcement Officer shall remove such
placard whenever the defect or defects upon which the condemnation
and placarding action were based have been eliminated.
4.
No person shall deface or remove the placard from any dwelling or
dwelling unit which has been condemned as unfit for human habitation
and placarded as such, except as provided in the preceding Subsection.
[R.O. 2006 §510.120; CC 1986 §45.120]
[R.O. 2006 §510.130; CC 1986 §45.130]
In any case where a provision of this Chapter is found to be
in conflict with a provision of any zoning, building, fire, safety
or health ordinance or code existing on the effective date of this
Chapter, the provision which establishes the higher standard for the
promotion and protection of the health and safety of the people shall
prevail. In any case where a provision of this Chapter is found to
be in conflict with provisions of any other ordinance or code of existing
ordinance on the effective date of this Chapter which establishes
a lower standard for the promotion and protection of the health and
safety of the people, the provisions of this Chapter shall be deemed
to prevail and such other ordinances or codes are hereby declared
to be repealed to the extent that they may be found in conflict with
this Chapter.
