[Ord. No. 8748, 11-22-2021]
A. Applicability. This Section shall not apply to any occupancy in existence
at the time of the adoption of this Chapter and until a change of
occupancy occurs as defined in the Property Maintenance Code.
B. Requirements. Except as otherwise provided, it shall be unlawful for any person, corporation, business or family to occupy or for any owner or agent thereof to permit the occupancy of any building, tenant space, structure, dwelling, dwelling unit or addition thereto or part thereof for any purpose until an occupancy permit has been issued by the Enforcement Official. The occupancy permit which is issued will allow the natural growth of a single family but requires that no dwelling unit shall be occupied by more than a single family, as defined in this Chapter, plus not more than two (2) other persons all living together in the dwelling unit as a single housekeeping unit. The occupancy permit shall not be issued until all violations of this Chapter have been brought into compliance, except as provided in Subsection
(F) and its issuance shall be subject to the following occupancy limitations:
1.
Single-Family Occupancy. No dwelling unit, other than a group
home permitted under the provisions of the Zoning Code, shall be occupied
by more than a single family, as defined in this Chapter, plus not
more than two (2) other persons all living together as a single housekeeping
unit and shall be subject to square footage.
2.
Overcrowding. Dwelling units and group homes shall not be occupied
by more occupants than permitted by the minimum area requirement set
forth in the Florissant Property Maintenance Code.
C. Fee. Occupancy related fees shall be as follows:
Type of Application or Permit
|
Fee
|
---|
One- and two-family dwellings, application and two (2) inspections.
|
$100.00
|
Apartment unit application and two (2) inspections.
|
$50.00
|
Occupancy permit update (except as a result of the natural growth
of a family).
|
$40.00
|
Commercial application and inspection less than three thousand
(3,000) square feet building/tenant space.
|
$100.00
|
Commercial application and inspection between three thousand
(3,000) and fifty thousand (50,000) square feet building/tenant space.
|
$200.00
|
Commercial application and inspection over fifty thousand (50,000)
square feet building/tenant space.
|
$300.00
|
Commercial or residential occupancy permit issuance.
|
$50.00
|
Occupancy permit extension after review and approval.
|
$50.00
|
Conditional or temporary occupancy permit after review and approval.
|
$50.00
|
Extra inspections over and above the application allowance of
two (2) inspections.
|
$50.00
|
The above fees shall also cover the first reinspection in the
event a reinspection is necessary following the initial inspection.
In the event further reinspections are necessary to secure an occupancy
permit or to comply with the terms of a conditional occupancy permit,
each such reinspection after the first reinspection shall require
an additional fee of fifty dollars ($50.00) per reinspection.
|
D. Report Change Of Occupancy. Every building, structure, tenant space
or dwelling unit in which a change of occupancy is to occur must be
reported by the owner to the Building Official so that the Enforcement
Official may inspect the structure according to the provisions of
this Chapter. Failure to make such a report shall constitute a violation
of this Chapter and the person responsible for the failure shall be
subject to the penalties of this Chapter.
E. Responsibilities Of Real Estate Brokers. All real estate brokers
and agents and similar businesses and owners of buildings, structures,
tenant spaces, dwelling units or multiple-family dwelling units shall
report each change of occupancy as defined in this Chapter so that
the Enforcement Official may inspect the unit according to the provisions
of this Chapter. Failure to register or make such a report shall constitute
a violation of this Chapter and the person responsible for the failure
shall be subject to the penalties of this Chapter.
F. Conditional Occupancy Permit. A conditional occupancy permit may
be issued by the Enforcement Official if, in his/her judgment, any
deficiencies in structures covered by this Chapter would not demonstrate
a visual blight or seriously endanger the health or safety of the
occupants or of the community and provided that in the case of an
owner-occupant an affidavit stating that he/she will correct deficiencies
within a specific time and in the case of an owner-non-occupant an
affidavit stating that the owner will correct deficiencies within
a specified time and thus bring the structure into compliance with
the provisions of this Chapter. The occupant, who may be the owner
or a renter as the case may be, may occupy the space while repairs
are being made. At such time and within the period covered by the
affidavit furnished as the space complies with all the provisions
of this Chapter an occupancy permit will be issued as provided above.
In the event that repairs are not completed within the specified time
the City may revoke the occupancy permit and peruse further action
allowable by this Chapter. The fee for a conditional or temporary
occupancy permit shall be fifty dollars ($50.00).
G. Inspection Of Occupancy Records. Every owner and managing agent of
a multiple-family dwelling shall, upon request of the Enforcement
Official, make available for inspection by the Enforcement Official
its records of occupancy and all changes of occupancy of the dwelling
units within such multiple-family dwelling.
H. Notice Of Requirement Of Occupancy Permit To Be Posted. The Enforcement
Official shall provide to the owner or managing agent of every multiple-family
dwelling a sign specifying that an occupancy permit is required to
be issued prior to the occupation of any dwelling unit. Upon receipt
of such sign, the owner or managing agent shall post and maintain
the sign in a conspicuous place in the rental office of such multiple-family
dwelling and if such rental office is not at the same location as
the multiple-family dwelling, such owner or managing agent shall also
post the sign in the common entry area of each multiple-family dwelling.
Failure to post and maintain this sign shall constitute a violation
and the person responsible for such failure shall be subject to the
penalties of this Chapter.
I. Occupancy Permits, Non-Residential Structures. It shall be unlawful
for any person, owner or operator to occupy or use or to permit occupancy
or use of any premises for any purpose until an occupancy permit has
been issued by the Building Official. No such permit shall be issued
unless said premises has been inspected by the Building Official or
his/her designee and the premises is in compliance with this Code.
All commercial occupancy permits shall require the review and approval
of the local Fire Marshal. All commercial occupancy permits must be
reviewed and approved for use and classification according to the
Building Code and Existing Building Code as well as the Florissant
Zoning Code.
J. Inspections Required By A Home Improvement Program. Where an inspection
is a requirement of a specific home improvement program, the Building
Official is authorized and directed to make inspections to determine
whether dwellings, dwelling units, rooming units, accessory structures
and premises located within the City conform to the requirements of
this Chapter. This inspection shall not constitute a requirement for
occupancy. For the purpose of making such inspections, the Building
Official is authorized at reasonable times to enter, examine and survey
all dwellings, dwelling units, rooming units, accessory structures
and premises with the consent of the owner or occupant thereof. The
inspection contemplated under this subsection shall remain valid for
a period of one hundred twenty (120) days from the date of initial
inspection provided that there is no change in occupancy or the building
has remained vacant during the one hundred twenty (120) day period.
Extensions of time may be granted at the discretion of the Building
Official or his/her designated representative.
K. Expiration Of Occupancy Inspection And Permit. Any occupancy permit
process shall become invalid one hundred twenty (120) days after the
initial inspection date. The occupancy permitting process must be
completed and permit obtained within this timeframe unless an extension
is granted after review by the Building Official. Fees for extensions
shall be fifty dollars ($50.00).
[Ord. No. 8748, 11-22-2021]
A. When any dwelling unit has become so damaged by fire, wind or other
causes or has become so unsafe, unhealthful or unsanitary that, in
the opinion of the Enforcement Official, life or health is immediately
endangered by the occupation of the dwelling unit, the Enforcement
Official is hereby authorized and empowered to revoke without notice
any occupancy permit for such dwelling unit and to order and require
the occupants to vacate the dwelling unit forthwith and to order the
owner or agent to proceed immediately with the corrective work and
repairs required to make the dwelling unit safe and fit for human
habitation, whether or not a notice of violation has been given as
described in this Chapter and whether or not legal procedures described
by City ordinances have been instituted.
B. If the Enforcement Official determines that there is an immediate
danger to the health, safety or welfare of any person, he/she may
take emergency measures to vacate and repair the structure or otherwise
remove the immediate danger.
C. Written notice shall be given to the owner, occupant, lessee, mortgagee,
agent and all other persons having an interest in such building or
structure as promptly as possible. The cost of any such emergency
work shall be collected in the same manner as provided by this Chapter.