[R.O. 2008 § 525.010; 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.
[R.O. 2008 § 525.020; 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.
[R.O. 2008 § 525.030; 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.
[R.O. 2008 § 525.040; 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.
[R.O. 2008 § 525.050; 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.
[R.O. 2008 § 525.060; 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.
[R.O. 2008 § 525.070; 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.
[R.O. 2008 § 525.080; 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-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-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).
[R.O. 2008 § 525.090; Ord. No. 5551 § 1, 1-14-2010]
A.
Upon written notice to the holder of a
permit and a hearing before the Director of Community Development
or his/her designee, a permit issued hereunder may be revoked in case
of:
1.
Any false statement or misrepresentation
of facts in the application on which a permit was based; or
2.
If the rental dwelling has been allowed
to no longer comply with standards required by the Code; or
3.
If a nuisance is found to exist on
the premises and not abated within the time allowed; or
4.
If a structure or part thereof is
condemned as unsafe or for being in violation of the Code; or
5.
If the rental dwelling is occupied
by more persons than specified in the occupancy permit.
[R.O. 2008 § 525.100; Ord. No. 5551 § 1, 1-14-2010; Ord. No. 6622, 11-14-2019]
[R.O. 2008 § 525.110; 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 of 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.
