[R.O. 2008 § 500.060; 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. 2008 § 500.070; 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:
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(CHAPTER 1 ADMINISTRATION)
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(SECTION 101 GENERAL)
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101.1 Title. These regulations
shall be known as the International Property Maintenance Code of O'Fallon,
hereinafter referred to as "this code."
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(SECTION 102 APPLICABILITY)
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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.
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(SECTION 103 DEPARTMENT OF
PROPERTY MAINTENANCE INSPECTION)
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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."
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103.5 Fees. Fees related
to administration of this code shall be as set forth elsewhere in
this Chapter of the Municipal Code.
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(SECTION 111 MEANS OF APPEAL)
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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.
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111.2 Appeals board. Delete in its entirety.
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111.2.1 Alternate members. Delete in its entirety.
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111.2.2 Chairman. Delete
in its entirety.
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111.2.3 Disqualification of
member. Delete in its entirety.
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111.2.4 Secretary. Delete
in its entirety.
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111.2.5 Compensation of members. Delete in its entirety.
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111.4 Open hearing. Delete
in its entirety.
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111.4.1 Procedure. Delete
in its entirety.
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111.5 Postponed hearing. Delete in its entirety.
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111.6 Board decision. Delete in its entirety.
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111.6.1 Records and copies. Delete in its entirety.
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111.6.2 Administration. Delete in its entirety.
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111.7 Court review. Delete
in its entirety.
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111.8 Stays of enforcement. Delete in its entirety.
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(SECTION 112 STOP WORK ORDER)
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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).
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(SECTION 190 INSURANCE PROCEEDS)
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(CHAPTER 3 GENERAL REQUIREMENTS)
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(SECTION 302 EXTERIOR PROPERTY
AREAS)
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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.
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302.4 Weeds. Refer to City of O'Fallon Municipal Code Section 220.010, Nuisances Prohibited.
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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.
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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.]
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Exception:
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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.
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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.]
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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.
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(SECTION 303 SWIMMING POOLS,
SPAS AND HOT TUBS)
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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.
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Exceptions:
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1.
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Spas or hot tubs with a safety cover
that complies with ASTM F 1346 shall be exempt from the provisions
of this Section.
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2.
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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.
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(SECTION 304 EXTERIOR STRUCTURE)
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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.
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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.
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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.
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Exception:
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Screens shall not be required where
other approved means, such as air curtains or insect repellent fans,
are employed.
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(CHAPTER 6 MECHANICAL AND ELECTRICAL
REQUIREMENTS)
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(SECTION 602 HEATING FACILITIES)
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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.
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Exceptions:
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1.
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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.
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2.
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In areas where the average monthly
temperature is above 30° F. (-1° C.), a minimum temperature
of 65° F. (18° C.) shall be maintained.
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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.
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Exceptions:
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1.
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Processing, storage and operation
areas that require cooling or special temperature conditions.
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2.
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Areas in which persons are primarily
engaged in vigorous physical activities.
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[R.O. 2008 § 500.075; 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.
[R.O. 2008 § 500.078; 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).
