[R.O. 2011 § 500.290; R.O. 2009
§ 150.090; Ord. No. 00-37, 2-4-2000; Ord. No. 04-254, 11-5-2004; Ord. No. 07-67, 3-13-2007]
The purpose of Sections 500.300 through 500.340 of the Code of Ordinances of the City of Saint Charles, Missouri, as amended, is to provide for the health, safety and general welfare of the residents of the City of Saint Charles through the establishment of a rental inspection program. The rental inspection program shall monitor the general condition of rental units within the City through the establishment of a regularly scheduled inspection procedure. At a minimum, the health and safety occupancy inspection shall review the following areas of potential health and safety concerns to assure that all necessary utility services are provided and functioning properly; all HVAC systems are in working condition; all plumbing fixtures are in proper working condition; no unsafe electrical hazards exist; the structure is structurally sound; all windows are in place, unbroken and function properly; plaster and paint on walls are not peeling or flaking; there is no accumulation of trash, debris, chemicals or fabric which could pose a fire hazard; there are no insect or rodent infestations; and the exterior of the structure meets all property maintenance codes.
[R.O. 2011 § 500.300; R.O. 2009
§ 150.091; CC 1981 § 15-50; Ord. No. 88-38, 3-16-1988; Ord. No. 00-37, 2-4-2000; Ord. No. 04-254, 11-5-2004; Ord. No. 07-67, 3-13-2007]
For the purpose of this Article,
the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
The commission, attempted commission, conspiracy to commit
or the solicitation, coercion or intimidation of another person to
commit any crime which is chargeable by indictment or information
under Missouri law including, but not limited to:
The Director of the Community Development Department or the
Director's designee.
A single unit providing complete, independent living facilities
for one (1) or more persons including permanent provision for living,
sleeping, eating, cooking and sanitation. The term "dwelling unit"
shall not apply to any single-family house which is not rented or
leased in whole or in part.
[R.O. 2011 § 500.310; R.O. 2009
§ 150.092; CC 1981 § 15-51; Ord. No. 88-38, 3-16-1988; Ord. No. 00-37, 2-4-2000; Ord. No. 04-254, 11-5-2004; Ord. No. 07-67, 3-13-2007]
A.
It shall be unlawful after the adoption of this Article for any person to occupy or for any owner or agent thereof to rent or lease any dwelling unit, or any part thereof, for any purpose until the owner or agent has applied for a health and safety occupancy certificate and a certificate has been issued by the Department of Community Development. A certificate shall be valid until such time as an inspection is required pursuant to Sections 500.330(A) or 500.340.
B.
The certificate shall state that the dwelling
unit and any adjacent common area, if applicable, has been inspected
and that the same is in compliance with the provisions of this Article.
The certificate shall also state the name and address of the owner.
C.
It shall be unlawful for any person to
knowingly make any false statement in an application for a certificate.
D.
By issuing a health and safety occupancy
certificate, the City does not intend to and does not warrant, insure
or guarantee to the holder thereof, to his/her assignee or to any
other person that there are no violations of any provision of this
or any other ordinance. The City makes no warranty or representation
whatsoever as to the condition of the unit or building.
[R.O. 2011 § 500.320; R.O. 2009
§ 150.093; CC 1981 § 15-52; Ord. No. 88-38, 3-16-1988; Ord. No. 00-37, 2-4-2000; Ord. No. 04-254, 11-5-2004; Ord. No. 13-135 § 1, 7-16-2013; Ord.
No. 22-160, 12-6-2022]
The fee for the certificate of compliance for each dwelling unit inspected shall be the fee stated in Section 150.030. A twenty-five dollar ($25.00) fee shall be charged if a private inspector conducts the inspection under Section 500.330(F). If a unit must be reinspected, there shall be no reinspection fee.
[R.O. 2011 § 500.330; R.O. 2009
§ 150.094; CC 1981 § 15-53; Ord. No. 88-38, 3-16-1988; Ord. No. 00-37, 2-4-2000; Ord. No. 01-220, 9-21-2001; Ord. No. 04-254, 11-5-2004; Ord.
No. 07-67, 3-13-2007]
A.
The Department of Community Development
is authorized to and may make inspections of all of the dwelling units
and adjacent common areas, if any, upon any change in occupancy thereof
after the adoption of this Article. At the discretion of the Director,
an inspection upon a change in occupancy may be waived if it is found
that the unit in question has at least a one (1) year history of compliance
with these regulations and a limited period of time, generally not
to exceed one (1) year, has expired since the previous inspection
of said unit.
B.
The inspections shall be for the purpose
of determining whether the dwelling unit and the adjacent common areas,
if any, conform to the requirements of this Article. Under this Article,
common areas shall not be subject to independent inspection but shall
only be inspected in conjunction with the inspection of an adjacent
dwelling unit.
C.
For the purpose of making the inspection,
the Director is authorized to enter, examine and survey the premises
by appointment with the knowledge of the owner and tenant if occupied.
D.
The inspection shall determine compliance with the basic health and safety requirements of Section 500.110, maximum occupancy of unrelated persons and the Property Maintenance Code.
E.
If a violation is found, the owner shall
be given a reasonable length of time to make repairs prior to reinspection.
A temporary certificate shall be issued while repairs are being made,
unless a violation renders the premises unfit for human habitation,
as determined in writing by the Department of Community Development.
No final certificate shall be issued until the dwelling unit and the
common area, if applicable, complies or comply with the requirements
of this Article.
F.
For the purpose of issuing a certificate
under this Article, inspections may also be performed by private inspectors
who are not employed by the City of St. Charles. Such inspectors shall
hold a current, valid certification issued by the International Code
Council (ICC) in its Property Maintenance Code and shall utilize official
inspection forms provided by the City. The Department of Community
Development shall verify all inspection forms submitted by such inspectors.
The submission of a materially false inspection form by a private
inspector shall be a violation of this Chapter and the City may revoke
the approval of any private inspector who fails to comply with any
provision of this Article or who fails to perform accurate inspections.
G.
Appeals from decisions of the Department
of Community Development shall be filed with the Board of Appeals.
The procedures for appeal and for the meetings, hearings and decisions
of the Board shall be the same as set forth elsewhere in the Code
of Ordinances of the City of St. Charles. For informational purposes
only, any person appealing under this Section shall forward a copy
of the appeal to the City Council member in whose ward the affected
dwelling unit is located.
[R.O. 2011 § 500.340; R.O. 2009
§ 150.095; Ord. No. 07-67, 3-13-2007]
A.
If a dwelling unit is the site of criminal
activity, then the following procedure shall be used to inspect the
dwelling unit and to determine frequency of re-inspections:
1.
The Chief of Police may request the Director to inspect a dwelling unit which was a site of criminal activity to determine compliance of the property with Section 500.330(D).
2.
Director may immediately inspect the dwelling unit to determine compliance of the property with Section 500.330(D).
3.
After the initial inspection of a
dwelling unit, the Chief of Police and Director are authorized to
determine whether the premises shall be re-inspected and the Director
is authorized to re-inspect the premises.
