City of O'Fallon, MO
St. Charles County
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Table of Contents
Table of Contents
[R.O. 2007 § 500.070; Ord. No. 1884 § 2, 2-7-1991; Ord. No. 3531 § 2, 5-22-1997; Ord. No. 4096 § 2, 7-31-2000; Ord. No. 4801 § 1, 4-14-2005; Ord. No. 4821 § 1, 5-13-2005; Ord. No. 4841 § 1, 5-16-2005; Ord. No. 5669 § 1, 2-10-2011; Ord. No. 6250 § 2, 9-8-2016]
That certain document, a copy which is on file in the office of the City Clerk of the City of O'Fallon, Missouri, being marked and designated as the International Property Maintenance Code, 2015 Edition including Appendix A, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of O'Fallon, in the State of Missouri, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of said Property Maintenance Code on file in the office of the City Clerk of the City of O'Fallon, Missouri are hereby referred to, adopted, and made a part hereof, as if fully set out in this Article, with the additions, insertions, deletions, and changes, if any, prescribed in Section 500.070 of this Article.
[R.O. 2007 § 500.090; Ord. No. 1884 § 4, 2-7-1991; Ord. No. 3531 § 4, 5-22-1997; Ord. No. 4096 § 4, 7-31-2000; Ord. No. 4801 § 2, 4-14-2005; Ord. No. 4841 § 2, 5-16-2005; Ord. No. 5087 § 2, 11-1-2006; Ord. No. 5669 § 1, 2-10-2011; Ord. No. 6250 §2, 9-8-2016; Ord. No. 6250 § 1, 9-8-2016; Ord. No. 6497, 9-13-2018]
The following numbered subsections of the International Property Maintenance Code, 2015 Edition, including Appendix A, as published by the International Code Council, Inc., are hereby amended by additions, insertions, deletions and changes so that such section and subsections read as follows:
(CHAPTER 1 ADMINISTRATION)
(SECTION 101 GENERAL)
101.1 Title. These regulations shall be known as the International Property Maintenance Code of O'Fallon, hereinafter referred to as "this code."
(SECTION 102 APPLICABILITY)
102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, International Plumbing Code and NFPA 70. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Municipal Code, City of O'Fallon, Missouri.
(SECTION 103 DEPARTMENT OF PROPERTY MAINTENANCE INSPECTION)
103.1 General. Wherever the term "jurisdiction" is used, it is deemed to mean the "City of O'Fallon, Missouri" and whenever the expression or term "Code Official" is used, it is deemed to mean "Building Official or his/her designee."
103.5 Fees. Fees related to administration of this code shall be as set forth elsewhere in this Chapter of the Municipal Code.
(SECTION 111 MEANS OF APPEAL)
111.2 Application for appeal. For the purposes of this code, all appeals shall be in accordance with the procedure established for the Building Code of the City of O'Fallon, Missouri.
111.2 Appeals board. Delete in its entirety.
111.2.1 Alternate members. Delete in its entirety.
111.2.2 Chairman. Delete in its entirety.
111.2.3 Disqualification of member. Delete in its entirety.
111.2.4 Secretary. Delete in its entirety.
111.2.5 Compensation of members. Delete in its entirety.
111.4 Open hearing. Delete in its entirety.
111.4.1 Procedure. Delete in its entirety.
111.5 Postponed hearing. Delete in its entirety.
111.6 Board decision. Delete in its entirety.
111.6.1 Records and copies. Delete in its entirety.
111.6.2 Administration. Delete in its entirety.
111.7 Court review. Delete in its entirety.
111.8 Stays of enforcement. Delete in its entirety.
(SECTION 112 STOP WORK ORDER)
112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00).
(SECTION 190 INSURANCE PROCEEDS)
(CHAPTER 3 GENERAL REQUIREMENTS)
(SECTION 302 EXTERIOR PROPERTY AREAS)
302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking lots, private streets, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.
302.4 Weeds. Refer to City of O'Fallon Municipal Code Section 220.010, Nuisances Prohibited.
302.7 Accessory structures. Accessory structures, including detached garages, fences, private signs, sheds, exterior storage structures, flag poles and walls, shall be maintained structurally sound and in good repair.
302.8 Motor vehicles. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. [Refer to City of O'Fallon Municipal Code Section 220.010, Nuisances Prohibited regarding derelict vehicles.]
Exception:
A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. [Refer to City of O'Fallon Municipal Code Section 220.010, Nuisances Prohibited regarding graffiti.]
It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. Painting over graffiti shall be a color to match or closely match the existing building.
(SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS)
303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier not less than 48 inches (1,219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is not less than 54 inches (1,372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
Exceptions:
1.
Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this Section.
2.
Where a pool with a chain link fence, a minimum of 42 inches in height, was erected prior to April 5, 1999, the fence shall be allowed to remain as an approved barrier.
(SECTION 304 EXTERIOR STRUCTURE)
304.2 Protective treatment. Exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition and free from mold/algae. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
304.7 Roofs and drainage. The roof and flashing shall be: (1) sound, (2) tight, and (3) not have defects that admit rain. Missing shingles shall be replaced with similar roof covering. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
304.14 Insect screens. During the period from January 1 to December 31, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.
Exception:
Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
(CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS)
(SECTION 602 HEATING FACILITIES)
602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from January 1 to December 31 to maintain a minimum temperature of 68° F. (20° C.) in all habitable rooms, bathrooms and toilet rooms.
Exceptions:
1.
When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.
2.
In areas where the average monthly temperature is above 30° F. (-1° C.), a minimum temperature of 65° F. (18° C.) shall be maintained.
602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from January 1 to December 31 to maintain a minimum temperature of 65° F. (18° C.) during the period the spaces are occupied.
Exceptions:
1.
Processing, storage and operation areas that require cooling or special temperature conditions.
2.
Areas in which persons are primarily engaged in vigorous physical activities.
[R.O. 2007 § 500.100; Ord. No. 1884 § 5, 2-7-1991; Ord. No. 3531 § 5, 5-22-1997; Ord. No. 4096 §§ 5—6, 7-31-2000; Ord. No. 4801 §§ 4—5, 4-14-2005; Ord. No. 4841 §§ 4—5, 5-16-2005; Ord. No. 5669 § 1, 2-10-2011)
A. 
Nothing in this Article or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Article.
B. 
If any Section, Subsection, sentence, clause or phrase of this Article is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Article. The City of O'Fallon, Missouri, hereby declares that it would have passed this Article, and each Section, Subsection, clause or phrase thereof, irrespective of the fact that any one (1) or more Sections, Subsections, sentences, clauses and phrases be declared unconstitutional.
[Ord. No. 5669 § 1, 2-10-2011; Ord. No. 6250 § 2, 9-8-2016]
A. 
Any person, firm, or corporation violating any of the provisions of this Article or the code hereby adopted shall, upon conviction, for each offense be fined not more than five hundred dollars ($500.00) or be punished by imprisonment in jail not to exceed three (3) months, or be punished by both fine and imprisonment. Each day's violation of, or refusal or neglect to comply with, any provision of this Article or the code hereby adopted shall constitute a separate and distinct offense.
B. 
However, any person, firm, or corporation violating Section 110 of the code hereby adopted by failing to demolish or repair a dangerous building within the time prescribed by order of the Building Official, shall be subject to a fine and imprisonment in jail not to exceed three (3) months or both a fine and imprisonment. Such fine may not exceed one thousand dollars ($1,000.00), unless the owner of the property is not also a resident of the property, then such fine may not exceed two thousand dollars ($2,000.00).