[Ord. No. 1147, 4-1-2019]
The City Council of the City of Scott City, Missouri, has found
it to be in the best interest of its citizens to preserve the quality
of its housing inventory and to protect its neighborhoods from neglect
and deterioration which act as a threat to health, safety and the
welfare of its people and places.
[Ord. No. 1147, 4-1-2019]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Any visual inspection of a rental property performed by appropriate
City staff that occurs primarily from the road or street directly
in front or adjacent to the relevant rental property.
Any person living or sleeping in a building or having possession
of a space within a building.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy, including the owner
of any lot or real estate on which the housing unit, such as a mobile
home, mini home or other structure intended as a residence is placed.
[Ord. No. 1158, 8-5-2019]
See "Property Owner."
An individual, corporation, partnership or any other group
acting as a unit.
A lot, plot or parcel of land including any structures thereon.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the State, County or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
Any premises that is not occupied by the owner including
those premises that are subject to agreements providing for contracts
for deed.
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit, including the owners of any mobile homes, mini homes or
other buildings intended for use as a residence located on lots or
parcels of real estate leased to said person.
[Ord. No. 1158, 8-5-2019]
[Ord. No. 1147, 4-1-2019; Ord.
No. 1233, 4-5-2021]
A.
All
rental units identified for compliance herewith must conform to Housing
Quality Standards (HQS) established by the U. S. Department of Housing
and Urban Development as from time to time amended, in effect upon
adoption of this Chapter. Those standards are found in the Federal
regulations at 24 CFR §982.401.
B.
All
rental units identified for compliance herewith must also conform
to the International Property Maintenance Code (IMPC), and the International
Residential Code (IRC) established by the International Code Council
(ICC).
[Ord. No. 1147, 4-1-2019]
A.
Type
1. Newly constructed units shall be those rental units constructed
within the most recent five (5) year time period.
B.
Type
II. Rental units shall be those rental units constructed and in rental
service for a period greater than five (5) years.
C.
Units
which are subject to contracts for deeds shall be treated as Type
II rental units.
[Ord. No. 1196, 8-3-2020]
A.
Notwithstanding Section 540.040 above, the following units may be exempted from the provisions of the rental property minimum housing quality standards, including inspections under the following circumstances:
B.
If the City Administrator determines a unit may be exempted under Subsection (A) above, he/she may waive compliance with Chapter 540, provided the owner executes a release and hold harmless agreement releasing and holding the City harmless from any claims for personal injury or property damages occasioned by any defect in the unit, which a City inspection would have revealed.
C.
Any
person aggrieved by the decision of the administrator may request
a review by the Council, whose decision will be binding.
[Ord. No. 1147, 4-1-2019]
A.
Inspections
of rental property shall be conducted by designated City staff to
insure compliance with the Housing Quality Standards (HQS).
B.
The
City Administrator is directed to develop appropriate forms, applications
and listings in order to accommodate this Chapter and the Housing
Quality Standards (HQS) herein referenced.
[Ord. No. 1147, 4-1-2019]
A.
For
purposes of this Chapter, the following designators shall mean:
1.
To accommodate the purposes of this Chapter, property owners shall
be required to pay an inspection fee of fifty dollars ($50.00) per
unit. Property owners will not be charged for a second inspection
to verify that deficiencies discovered during the first inspection
have been corrected. Property owners will be charged fifty dollars
($50.00) for all subsequent inspections that are needed as a result
of uncorrected deficiencies discovered during the initial inspections.
2.
In the event a unit fails to pass the drive-by inspection in keeping
with the Guidelines of the Housing Quality Standards or in keeping
with the existing City ordinances of the City of Scott City, the unit
shall be subject to a full interior inspection at any time.
3.
The owner thereof shall have thirty (30) days within which to make
minor corrections necessary to qualify the unit. Major corrections
shall be deemed those violations that represent health and safety
issues and which require immediate correction. Failure to remedy violation
notices shall result in the filing of a complaint. Convictions on
said charges will result in such fines and imprisonment as allowed
by the Code. An occupancy permit shall only be issued by the Building
Inspector upon the property's compliance.
4.
Owners of all rental units, including those which are subject to
agreements providing for contracts of deeds, shall, by July First
(1st) of each year, submit a listing of all property, whether occupied
or vacant, which discloses the address and location of each rental
unit and whether it is a freestanding unit or one which is connected
to other structures and the name(s) of each tenant(s) thereof. In
the event the owner of the rental property fails to submit said listing
to the Building Inspector or his/her designee on or before July First
(1st) of each year, said owner shall be subject to such fines as allowed
by ordinance. Owners shall register all individual tenants with the
Building Inspector or his/her designee prior to said tenant's occupancy.
In the event the owner fails to register tenants prior to occupancy,
said owner shall be subject to fines and imprisonment as permitted
by the Code.
[Ord. No. 1147, 4-1-2019]
The City retains the right to conduct Drive-by Inspections at
the City's discretion or as a result of formal complaints.
[Ord. No. 1147, 4-1-2019]
A.
Inspections
shall be conducted as follows:
1.
Type I. Rental units shall be exempt from inspections during the five (5) year exemption period set forth in Section 540.040 unless: (A) formal complaints are received by designated City officials which disclose conditions which subjects the owner of the premises to violation of the nuisance and/or substandard building codes, or (B) the property fails a drive-by inspection, or (C) the City receives a formal complaint by a tenant alleging that unsafe or unsanitary conditions exist at the said rental unit in said realty shall be reclassified as Type II rental property and be eligible for an immediate inspection. A Type I unit having exhausted the five (5) year exemption term shall be subject to an inspection at any time during the 12-month period beginning the day after the exemption term expires. Properties shall be inspected no later than twelve (12) months following expiration of the exemption term.
2.
Type II. All non-exempted rental housing units shall be inspected
every forty-eight (48) months.
3.
Owners of units which fail to successfully pass the inspection shall
be notified of such failure and shall have thirty (30) days within
which to bring said unit to the standards required by the Guidelines
of the Housing Quality Standards.
4.
The time for performing work necessary to successfully pass an inspection
may be extended by the office of the Building Inspector upon cause
therefore being demonstrated.
5.
Failure of an owner of a unit to correct any deficiencies found therein
or thereon in either an examination or a drive-by inspection within
thirty (30) days of notification shall result in the landlord being
found in violation of this Chapter and subject to such fine as allowed
by ordinance.
6.
An occupancy permit shall only be issued by the Building Inspector
upon the property's compliance with the Guidelines for Housing Quality
Standards.
7.
Enforcement of Section 540.080 shall not commence until January 1, 2020, unless the City of Scott City receives a formal complaint regarding a specific rental property, or a drive-by inspection reveals the need for an immediate inspection.
8.
Notification to the owner of non-compliance by personal service,
regular or certified mail.
[Ord. No. 1147, 4-1-2019]
Type I and II rental housing units may not have public utility
connections until they have successfully passed inspection by the
Building Inspector.
[Ord. No. 1158, 8-5-2019]
This Chapter shall be binding on all owners of real estate who lease real estate for placement of a mobile home, mini home or other building intended for use as a residence. The owner of the real estate, not the tenant owning the mobile home, mini home or other building, is subject to all provisions placed upon owners under Chapter 540 relating to rental property minimum housing quality standards.
[Ord. No. 1147, 4-1-2019]
Upon receipt of an appeal filed with the City Clerk's office,
the appeal will be reviewed by the City Council at its next regularly
scheduled meeting or at a special meeting called by the Mayor or two
(2) members of the Council. The City Council may overrule, modify,
or sustain the decision of the Building Inspector upon a vote of the
majority of the members of the Council.
[Ord. No. 1147, 4-1-2019]
The owner aggrieved by the decision of the City Council as set forth in Section 540.100 may, within thirty (30) days from receipt of the order of the City Council, appeal such decision to the Circuit Court of the County where the land is located, pursuant to the procedures established in Chapter 536, RSMo.
