[R.O. 1993 § 502.030; Ord. No. 2820 § 1, 4-9-2014]
A. Occupancy Permit Required For Residential Rental Property Dwelling
Unit. No owner of a residential rental property shall rent, lease,
or sublease, and no person shall occupy as a tenant, any dwelling
unit within residential rental property located within the City of
Charleston, Missouri, without a valid current occupancy permit issued
for such dwelling unit by the City of Charleston, Missouri, as hereinafter
provided.
B. Exemptions. The provisions of this Chapter shall not apply to public
housing owned or operated by or under contract with the United States
Department of Housing and Urban Development (HUD), the State of Missouri
(e.g., Missouri Department of Corrections), the Mississippi County
jail facility, and hotels and motels which rent only sleeping rooms
to transient guests; provided, however, that residential rental property
that qualifies for and receives federal rent subsidy under the federal
program known as "Section 8" shall not be exempt from this Chapter.
[R.O. 1993 § 502.040; Ord. No. 2820 § 1, 4-9-2014; Ord. No. 2913, 9-12-2017]
All residential rental property and all dwelling units located
therein must conform to all applicable Federal, State and City of
Charleston housing codes and regulations, including but not limited
to the City of Charleston's building, plumbing and electrical
codes, property maintenance code and the residential rental property
inspection criteria approved, adopted and amended from time to time
by the Charleston City Council which shall be on file with the City
Clerk.
[R.O. 1993 § 502.050; Ord. No. 2820 § 1, 4-9-2014]
A. Registration Deadline. All residential rental property and each dwelling
unit located therein shall be registered by the owner thereof with
the City of Charleston by not later than December 31, 2014. Thereafter,
all newly constructed residential rental property and dwelling units
located therein and all other houses, buildings or structures whose
use is converted to residential rental property and dwelling units
located therein, shall be registered within thirty (30) days after
such construction or conversion is completed and before the property
is offered or made available for rent or lease.
B. Registration Required Information. The registration shall state the
name(s), address and telephone number of each owner, the street address
of the residential rental property, and the number of dwelling units
contained therein, and the name(s) and address(es) of each tenant
then occupying said property. The registration shall be dated and
signed by the owner(s) or his authorized agent or representative who
shall also provide documentary proof of the agent or representative's
legal authority to act on behalf of the owner (e.g., power of attorney
or other legal document).
C. Consent To Entry For Inspection. The registration shall state the owner consents to City officials entering upon the residential rental property and each dwelling unit located therein during regular business hours for the purpose of conducting the inspections required by Section
510.060 below.
D. Methods Of Registration. Registration may be made by means of completing
and filing with the City either a printed form or an online registration
form on the City's official website. The City Manager shall develop
appropriate registration forms and procedures to administer this requirement.
E. Delinquent Taxes Not A Bar To Registration. Residential rental property
upon which delinquent real property taxes are owed may be registered.
However, no inspections will be scheduled or performed and no occupancy
permit issued therefor until such delinquent taxes and applicable
penalties and interest are paid in full.
F. Re-registration Not Required; Exceptions. Once a residential property and all dwelling units located therein are properly registered hereunder, it will not be necessary for the owner to register said property and dwelling units again unless the property ceases to be used as residential rental property for a period of one (1) year or more and thereafter the owner wishes to once again use the property as residential rental property, or unless there is a change in ownership in which event the property shall be re-registered to provide the information required in Subsection
(B) above for each new owner.
G. No Registration Fee. No fee shall be charged by the City for such
registration.
[R.O. 1993 § 502.060; Ord. No. 2820 § 1, 4-9-2014]
A. Inspection For Occupancy Permit. No occupancy permit shall be issued for any dwelling unit located within a residential rental property until such dwelling unit has been the subject of an on-site inspection by the City's Code Enforcement Official or his designee and found to be in compliance with all residential rental housing standards and criteria as set forth in Section
510.040 above. However, no inspections shall be required for any residential rental property or dwelling unit until May 1, 2015, and thereafter.
B. Change Of Tenancy. A separate on-site inspection shall be required
whenever a dwelling unit is leased, subleased or assigned to a different
tenant. The owner shall notify the City of each change of tenancy
and request a new on-site inspection and occupancy permit.
C. Additional Inspections Required; When. The Code Enforcement Official
also may require additional on-site inspections when any of the following
occur:
1.
A drive-by inspection of the exterior of the residential rental
property reveals conditions which indicate said residential rental
property or any dwelling unit therein likely has a condition that
violates the City's rental housing standards and criteria;
2.
The City receives a credible complaint from a tenant, occupant,
police or government agency, or citizen which indicates said residential
rental property or any dwelling unit therein likely has a condition
that violates the City's rental housing standards and criteria;
or
3.
The residential rental property suffers casualty loss or damage
from wind, fire, water, earthquake or other natural causes which indicate
said residential rental property or any dwelling unit therein likely
has a condition that violates the City's rental housing standards
and criteria.
D. Inspection Procedures. The owner of any residential rental property
or dwelling unit located therein shall request the City to inspect
such property for compliance with the provisions of this Chapter before
allowing any tenant to occupy such property, and with each change
of tenants of such property. Upon receipt of said request and payment
of the required inspection fee set forth below, the City Code Enforcement
Official shall make a reasonable effort to schedule, perform and complete
the inspection within two (2) business days after receipt of the owner's
request for inspection. However, the owner or his designated agent
or representative must also be present for the inspection, provide
accurate and complete information regarding the premises as requested
by the City, and permit the Enforcement Official to have entry and
unfettered access to all parts of the residential rental property
and dwelling unit that is the subject of the inspection.
E. Inspection Fees. An owner filing a request for an inspection hereunder
also shall submit with said request full payment of the following
fees in the form of cash, check or money order payable to the City
of Charleston:
1.
Fifty dollars ($50.00) for a full inspection to be conducted
during regular business hours;
2.
One hundred dollars ($100.00) for a full inspection to be conducted
after regular business hours;
3.
Thirty dollars ($30.00) for a reinspection of repairs or improvements
made during regular business hours; and
4.
Sixty dollars ($60.00) for a reinspection of repairs or improvements
made after regular business hours.
F. Failure To Pass Inspection. If a residential rental property or dwelling
unit therein fails to pass inspection, the Code Enforcement Official
shall provide the owner with written notice thereof, delivered in
person or by first class mail, which shall include a description of
all violations and required repairs or improvements. The owner shall
be given a reasonable period of time to make necessary repairs or
improvements to comply with the City's rental housing standards
and criteria. Upon completion of such repairs or improvements, the
owner shall request the City Code Enforcement Official to reinspect
the residential rental property or dwelling unit therein.
[R.O. 1993 § 502.070; Ord. No. 2820 § 1, 4-9-2014]
A. Occupancy Permit; Issuance. An occupancy permit shall be issued for
each dwelling unit located within a residential rental property only
when such property has been properly registered with the City, inspected
by the City Code Enforcement Official and found to be in compliance
with all rental housing standards and criteria as set forth above,
and the owner is in compliance with all provisions of this Chapter,
including payment of the required inspection fee. The occupancy permit
shall be dated and signed by the Code Enforcement Official and shall
specify the names of the owner(s) and the proposed tenant(s) of such
property, the street address of the residential rental property, the
apartment number or other identification of the dwelling unit contained
therein if the residential rental property contains more than one
(1) dwelling unit, and the number of bedrooms contained within the
dwelling unit [e.g., one (1) bedroom, two (2) bedrooms, three (3)
bedrooms, etc.]. Each bedroom shall contain a minimum of eighty (80)
square feet with a functional ceiling height of at least seven (7)
feet.
B. Effective Date Of Permit. An occupancy permit shall be effective
from the date of issuance by the City of Charleston and shall continue
in effect until the lease expires (unless renewed by the parties)
or is terminated by the owner or by the tenant, or until the occupancy
permit is revoked or suspended by the City as provided below.
C. Delinquent Tax, Fee Or Debt Owed To City Bar Issuance Of Permit.
Residential rental property upon which delinquent real property taxes
are in arrears may be registered but no inspections will be scheduled
or performed and no occupancy permit shall be issued therefor until
such delinquent taxes and applicable penalties and interest are paid
in full. In addition, the City shall not schedule or perform any inspections
and shall not issue any occupancy permit pursuant to this Chapter
if the owner of residential rental property owes any delinquent unpaid
license fee, fine, municipal user fees (e.g., utility bill), or other
debt, interest or penalty to the City of Charleston.
D. No City Utility Connections Until Permit Issued. The City shall not
permit connection to City water and sewer services, nor shall the
City provide City utility services such as water service, sewer service,
and solid waste disposal, to any residential rental property or dwelling
unit located therein until a valid, current occupancy permit has been
issued by the City for such property.
E. Suspension/Revocation Of Permit.
1.
The City may suspend temporarily or revoke an occupancy permit
for the following reasons:
a.
False Or Concealed Information. The Code Enforcement Official
may suspend temporarily or revoke an occupancy permit if an owner
provided false, misleading or incomplete information, or concealed
material facts upon the registration form or inspection of the residential
rental property or dwelling unit located therein, and such false,
misleading or incomplete information, or concealed facts, if known
by the Code Enforcement Official, would have resulted in denial of
the occupancy permit. The permit shall be revoked if the Code Enforcement
Official determines the owner acted intentionally and the owner shall
be disqualified from applying for a new occupancy permit for said
residential rental property or dwelling unit for a period of thirty
(30) days for the first such offense and for such period of time as
the Code Enforcement Official deems reasonable for each subsequent
offense. The permit may be suspended if the Code Enforcement Official
determines the owner did not act intentionally, and such suspension
shall be for the time period reasonably necessary to correct the information
and to make any necessary repairs or improvements to correct any violation
of the rental housing standards or inspection criteria.
b.
Violation Of Rental Housing Standards Or Criteria. The Code
Enforcement Official may revoke or suspend an occupancy permit upon
finding the residential rental property or dwelling unit located therein
for which the permit was issued no longer complies with the City's
rental housing standards and criteria as set forth in this Chapter
and said residential rental property or dwelling unit is no longer
fit for human occupancy.
2.
The Code Enforcement Official shall give written notice of the
suspension or revocation of the occupancy permit to the owner and
to the tenant by delivering the same in person or by first class mail,
and by posting a copy of the same in a conspicuous place on the front
of the residential rental property or dwelling unit for which the
occupancy permit was issued.
[R.O. 1993 § 502.080; Ord. No. 2820 § 1, 4-9-2014]
An owner may appeal a decision or action of the Code Enforcement
Official to the City Manager of the City of Charleston, Missouri,
within ten (10) days after notice thereof by filing a written appeal
with the City Manager, dated and signed by the owner, specifically
describing the decision or action being appealed and stating the reasons
for the owner's appeal with citations to the provisions of this
Chapter as authority for the owner's position. The City Manager
shall hold a hearing upon said appeal in accordance with the Administrative
Procedures and Review Act (Chapter 536, RSMo.) after giving due notice
of the date, time and place of said hearing to all parties. After
the conclusion of said hearing, the City Manager shall issue a decision
in writing stating his findings of fact and conclusions of law which
shall be served upon all parties as provided by law.