[Ord. No. 2582 § 1, 6-28-2016]
For purposes of this Division, the terms below shall be defined
as follows:
The Building Official as established by Section 120.070 of the Municipal Code.
Any person, partnership, limited liability company or corporation
hired or retained by the owner or the owner's employee, representative
or agent to perform any service governed or regulated by this Chapter.
Any person, agent, firm or corporation having legal or equitable
interest in the property.
[Ord. No. 2582 § 1, 6-28-2016]
A.
No owner shall construct, enlarge, alter or demolish any building
or structure in which such owner has a legal or equitable interest;
change the occupancy of any such building or structure requiring greater
strength, exitway or sanitary provisions; change the use of such building
or structure; install or alter any equipment at such building or structure;
or cause any act for which provision is made or which is regulated
by the Building Code, including all amendments and additions thereto,
without first obtaining a permit thereafter from the Building Official,
except that ordinary repairs as defined in the Building Code which
do not involve violation thereof shall be exempt from this requirement.
B.
No contractor shall commence any work for which provision is made
or which is regulated by the Building Code, including all amendments
and additions thereto, by the Electrical Code or by the Plumbing Code
prior to the issuance of all required permits. Any contractor who
shall commence or continue any such work prior to the issuance of
all required permits shall be deemed guilty of a misdemeanor and upon
conviction therefor shall be fined not less than five hundred dollars
($500.00) nor more than one thousand dollars ($1,000.00) for each
such offense. Each day that such violation continues shall be deemed
a separate offense.
[Ord. No. 2582 § 1, 6-28-2016]
If the Code Official determines that a person has commenced
work before obtaining a construction permit required by law, the Code
Official shall issue a stop work order and no additional work shall
be authorized until an application for a building permit is received
(including all required construction documentation), the building
permit application is reviewed, the building permit application is
approved and all required permit fees are paid in full. Any person
who commences any work before obtaining the necessary permit(s) shall
be subject to an enhancement of one hundred percent (100%) of the
usual permit fee, in addition to the required permit fee, to defray
the City's additional costs of code enforcement. The Director of Public
Services may reduce the enhanced fee if circumstances so require.
[Ord. No. 2582 § 1, 6-28-2016]
Notwithstanding any other provision of the Municipal Code, no
permit required under the Building Code, the Electrical Code or the
Plumbing Code shall be issued in respect of any property on which
taxes, including, without limitation, special taxes, special assessments
or other fees owed to the City of Olivette, are delinquent, until
satisfaction of such delinquency. For purposes of this Section, the
term "delinquent" with respect to property taxes, special taxes and
special assessments shall have the same meaning and use as that term
is used in Section 140.010, RSMo., or successor enactments; the term
"delinquent" with respect to fees shall mean any fee due and remaining
unpaid.
[Ord. No. 2582 § 1, 6-28-2016; Ord.
No. 2729, 7-27-2021]
A.
Work authorized by a permit shall be performed between the hours
of 7:00 A.M. and 7:00 P.M., Monday through Saturday, unless the permittee
obtains written consent from the Building Official to do the work
at an earlier or later hour. Such permission shall be granted only
in case of an emergency.
B.
In the event the National Weather Service issues a heat advisory
for the St. Louis Metropolitan Area, work authorized by a permit may
be performed between the hours of 6:30 A.M. and 7:00 P.M.; Monday
through Saturday.
[Ord. No. 2582 § 1, 6-28-2016]
A.
Before issuance of a building permit, a permit fee shall be paid
in accordance with the appropriate following schedule based on the
total cost of construction.
1.
Determining total cost of construction. The
total cost of construction shall be calculated by one (1) of the following
ways:
a.
Whenever practical, by multiplying the total floor area of the
structure in square feet by an appropriate square foot cost rate;
or
b.
By utilizing current, commonly accepted unit cost figures to
the various components in a commonly accepted manner; or
c.
By submitting to the Code Official a bona fide contract or any
affidavit of the owner of the building structure or project, in which
the total cost of construction, including site improvements related
to the permit, is verified by the applicant and owner. The Code Official
is authorized to accept a bona fide cost amount of subcontract for
each specialized trade or discipline of construction.
2.
Residential construction permit fees. Fees for a building permit and inspections of residential construction, of new structures, alterations and additions to one- and two-family residential structures, residential swimming pools, accessory structures and all other miscellaneous residential construction not otherwise specified in this Chapter shall be determined by the fee rates under Schedule I, Fees of Chapter 500, Building Regulations of Title V, Building and Construction of the Olivette Municipal Code based on the total estimated cost of construction as described within.
3.
Commercial and industrial construction permit fees. The fee for a building permit and inspections of commercial and industrial construction, including signage, shall be determined by the fee rates under Schedule I, Fees of Chapter 500, Building Regulations of Title V, Building and Construction of the Olivette Municipal Code based on the total estimated cost of construction as described within.
[Ord. No. 2582 § 1, 6-28-2016]
Fees for administrative activities necessary for the enforcement of the following duties of the Building Department of the City of Olivette shall be charged as listed under the Schedule I, Fees of Chapter 500, Building Regulations of Title V, Building and Construction of the Olivette Municipal Code:
A.
Deposit Required. Each applicant for a building permit for the construction, alteration or repair of any building or structure shall be required by the Director of Public Services, before such permit is issued, to make a cash deposit with the City with respect to the proposed work to insure completion of the work and compliance with all codes, approved plans and other building requirements as provided herein. The amount of said deposit shall be listed under Schedule I, Fees of Chapter 500, Building Regulations of Title V, Building and Construction of the Olivette Municipal Code:
B.
Use And Release Of Deposit.
1.
All such funds shall be deposited by the City and the City shall
document the use, replacement or release of such funds, as deposited
by each applicant, according to generally accepted accounting principles.
2.
The City may use an applicant's deposited funds to ensure compliance
with all codes, approved plans or building or other legal requirements
applicable to the applicant, the owner or the property, including,
but not limited to:
a.
When a residential construction site has been substantially
inactive for a period of thirty (30) consecutive days, then the deposited
funds may be used to secure the structure, to remove debris and construction
materials from the exterior of the structure and to remediate any
threat to public health or safety; and
b.
To pay any outstanding obligations, taxes or special assessments
owed to the City. Prior to using such funds, the City shall provide
the applicant with written notice identifying the deficiency and the
City's intent to correct or address the deficiency through the use
of the deposited funds and the City shall allow the applicant a minimum
of seven (7) days within which to cure the deficiency. If the City
so utilizes the deposited funds, the applicant shall be obligated
to deposit a sum equal to the amount so used so as to maintain full
funding of the required deposit.
3.
Upon final inspection by the City and satisfactory completion
of all required work by the applicant, the deposit shall be released
in favor of the applicant.
4.
Failure of the applicant to make a timely request for a final
inspection and obtain final approval shall result in forfeiture to
the City of any funds deposited in escrow in connection with the permit
if the failure continues after thirty (30) days' written notice sent
by certified mail to the last known address of the applicant.
5.
Unless the applicant applies in writing for segregated investment
of a completion deposit at the time of permit application, an escrow
deposit may be invested by the City with other municipal funds and
any income derived therefrom may be used for general revenue purposes
at any time. If the applicant applies by timely signed writing for
segregated investment of its escrow deposit, the City shall segregate
such funds and invest them in the same manner as allowed for municipal
funds, to the extent practicable given the amount of the escrow; however,
no return is assured and the City shall have no liability whatsoever
other than to pay any income actually derived from such investment
in the event of return of such escrow deposit. In the event of a forfeiture
of an escrowed completion deposit, any income from the segregated
investment shall also be forfeited.
C.
Appeals.
1.
Any applicant aggrieved by the administration of this program
shall file a written appeal to the City Manager within ten (10) days
of the decision appealed from. The City Manager shall issue a written
determination of the appeal within five (5) business days of the applicant's
appeal, unless circumstances prevent a timely determination, in which
case the determination shall be made as soon as reasonably possible.
2.
In the event the applicant believes that the City Manager improperly
denied such an appeal, the applicant must make a written notice of
appeal to the City Council. The Council shall hold a hearing, affording
the applicant notice and an opportunity to be heard and to offer evidence.
The City Council shall determine the merits of the appeal, in writing,
within thirty (30) days of the hearing.
[Ord. No. 2582 § 1, 6-28-2016]
A.
Any new construction or major structural renovation, all buildings
upon which construction was begun after January 1, 1994, for which
leases are executed by political subdivisions of the State of Missouri
and all buildings upon which construction was begun after January
1, 1994, for which leases are executed by the State of Missouri or
any institution of higher education shall comply with the standards
for seismic design and construction of the latest editions of the
Building Officials and Code Administrators Code or of the Uniform
Building Code.
B.
As used in this Section, the term "major structural renovation" shall
mean any reconstruction, rehabilitation, addition or other improvement
of an existing structure, the cost of which equals or exceeds fifty
percent (50%) of the market value of the structure before the start
of construction of the major structural renovation.
C.
This Section shall not apply to any building owned by the State of
Missouri, any institution of higher education or any political subdivision
upon which construction was begun or finished before August 28, 1991,
or to any single-family or duplex residence.
[Ord. No. 2582 § 1, 6-28-2016]
Except as otherwise provided by law, any person found guilty
of violating any provision of the technical codes adopted herein shall
be punishable by a fine not exceeding one thousand dollars ($1,000.00)
or by imprisonment for a period not to exceed ninety (90) days, or
by both such fine and imprisonment.
