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City of O'Fallon, MO
St. Charles County
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Table of Contents
Table of Contents
[Ord. No. 5551 §1, 1-14-2010]
This Chapter is intended to protect the public health, safety and welfare of the community of residents of the City of O'Fallon; assure occupants of rental property of a safe living environment that meets minimum health and safety standards; maintain the safety and quality of the City's housing stock and property values; deter conditions which lead to neighborhood blight and deterioration; prevent the construction of additions or alterations to existing dwelling units that could be injurious to the life, health, safety or general welfare of occupants or neighboring properties and to preserve the habitable condition of rental residential dwellings throughout the City.
[Ord. No. 5551 §1, 1-14-2010]
For the purpose of this Chapter, the following definitions shall apply:
The adopted Property Maintenance Code for the City of O'Fallon.
The Code Official designated in the Code.
Residential occupancies containing two (2) or more dwelling units.
A separate living facility for one (1) or more persons which includes permanent provisions for living, sleeping, eating, cooking and sanitation which is rented, leased or otherwise not occupied by the owner thereof.
[Ord. No. 5551 §1, 1-14-2010]
The Code Official is hereby authorized to make inspections of all rental dwelling units within the City of O'Fallon for the purpose of carrying out and enforcing the requirements and standards of this Chapter and to determine whether dwelling units and common areas, if any, conform to the health and safety requirements of the Property Maintenance Code of the City in force at the time of the inspection.
[Ord. No. 5551 §1, 1-14-2010]
It shall be unlawful for any person, owner or agent to occupy or use or to permit the occupancy, re-occupancy or use of any rental dwelling, structure or unit for any purpose, including the movement of furniture or other personal property into said premises, until the Code Official shall have issued a permit to occupy the dwelling attesting that the occupancy complies with all of the provisions of the Code as far as can be determined by a visual inspection of the premises. This requirement shall not apply to any occupancy in existence at the time of the adoption of this Chapter until a change of occupancy occurs.
[Ord. No. 5551 §1, 1-14-2010]
An application for a rental occupancy permit may be submitted by the property owner, agent or prospective tenant and shall be on forms provided for that purpose by the Code Official. No action shall be taken with respect to an application until it is complete and all required fees have been paid. It shall be unlawful for any person to knowingly make any false statement on an application.
[Ord. No. 5551 §1, 1-14-2010]
The Code Official shall examine or cause to be examined all premises for which applications for permits have been filed within a reasonable time after filing. No occupancy permit shall be issued until an inspection of the premise has been completed and a property maintenance inspection report has been filed. Approved property maintenance inspections shall be valid for twelve (12) months.
[Ord. No. 5551 §1, 1-14-2010]
If all fees are paid and the Code Official is satisfied that the premise and its occupancy are in compliance with the Code and all laws and ordinances applicable thereto, the Code Official shall issue the rental occupancy permit as soon as practical. The permit shall state the maximum number of persons who may be more persons than specified in the occupancy permit.
[Ord. No. 5551 §1, 1-14-2010]
Occupancy may be permitted on a temporary conditional basis when, in the judgment of the Code Official, practical difficulties interfere with completing all repairs required to bring the premises into full compliance with the Code prior to permitting occupancy and there are no conditions on the premises which threaten the health or safety of an occupant or the general public and the Code Official is satisfied that the premises will be brought into compliance with the requirements of the Code within a ninety (90) day period. No temporary conditional permit shall be issued when, in the judgment of the Code Official, there is a condition on the premises which poses an undue risk to the health or safety of an occupant and until an escrow has been established with an approved financial institution which guarantees that the premises will be brought into full compliance within ninety (90) days. Temporary conditional occupancy permits may be extended for up to one (1) additional ninety (90) day period, when in the opinion of the Code Official practical difficulties prevent complete compliance within the first ninety (90) day period. The escrow amount shall be determined by the Code Official in an amount up to the amount necessary to complete the work by a licensed contractor at prevailing prices, but in no case less than two hundred fifty dollars ($250.00).
[Ord. No. 5551 §1, 1-14-2010]
Upon written notice to the holder of a permit and a hearing before the Director of Community Development or his designee, a permit issued hereunder may be revoked in case of:
Any false statement or misrepresentation of facts in the application on which a permit was based; or
If the rental dwelling has been allowed to no longer comply with standards required by the Code; or
If a nuisance is found to exist on the premises and not abated within the time allowed; or
If a structure or part thereof is condemned as unsafe or for being in violation of the Code; or
If the rental dwelling is occupied by more persons than specified in the occupancy permit.
[Ord. No. 5551 §1, 1-14-2010; Ord. No. 6622, 11-14-2019]
Fees related to Rental Occupancy Permits shall be as set forth in Section 500.470, Permit and Plan Review Fees, Subsection (D).
[Ord. No. 5551 §1, 1-14-2010]
Any violation of the provisions of this Chapter shall be punished as provided in Section 100.010 of this Code of Ordinances. In addition to any penalties under Section 100.010, equitable relief shall also be available to enforce compliance pursuant to Section 100.011 of this Code or Ordinances. The restrictions of Section 100.012 of this Code of Ordinances with respect to delinquent applicants shall also be applicable to owners of rental dwellings for which an occupancy permit is sought.