St. Charles County, MO
 
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Table of Contents
Table of Contents
[1]
Editor’s Note: Section 13 of Ord. No. 17-061 renumbered former Article VIII, Property Maintenance Code, containing Sections 500.090 through 500.096, to now be Article XIII, Property Maintenance Code, containing Sections 500.500 through 500.550. The content of these Sections was only altered to reflect new numbering and update internal references to reflect same.
[Ord. No. 97-223 §1, 12-31-1997; Ord. No. 98-35 §§1—2, 2-25-1998; Ord. No. 98-66 §1, 4-29-1998; Ord. No. 02-035 §1, 3-28-2002; Ord. No. 03-009 §1, 1-29-2003; Ord. No. 04-044 §8, 3-31-2004; Ord. No. 05-046 §1, 4-27-2005; Ord. No. 05-169 §§2—4, 11-29-2005; Ord. No. 06-041 §2, 3-28-2006; Ord. No. 07-016 §2, 1-30-2007; Ord. No. 07-177 §1, 12-27-2007; Ord. No. 08-003 §1, 1-14-2008; Ord. No. 10-040 §2, 6-2-2010]
A. 
St. Charles County hereby adopts the 2009 International Property Maintenance Code, a copy of which shall be deposited in the Office of the County Registrar with this ordinance, with the following amendments:
1. 
Section 101.1 is amended to read as follows (added language in italics, deleted language in [brackets]):
Title. These regulations shall be known as the [International] Property Maintenance Code of St. Charles County [NAME OF JURISDICTION], hereinafter referred to as "this code". This code shall apply to properties in the unincorporated part of the St. Charles County and in municipalities that adopt this code and contract with St. Charles County for its enforcement.
2. 
Section 101.2 is amended to read as follows (added language in italics, deleted language in [brackets]): [Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
Scope. The provisions of this code shall apply to all existing residential structures (including, but not limited to, all manufactured or mobile homes) and nonresidential structures and all existing premises (except as provided below) and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises and for administration, enforcement and penalties.
Exception: Unless because of methamphetamine contamination a structure is subject to Section 500.530, Ordinances of St. Charles County, Missouri, or unless the code official determines, in writing, that a structure poses a danger to the health or safety of persons based on findings by members of the St. Charles County Division of Building and Code Enforcement, the provisions of this code shall not apply to any structure accessory to an active agricultural use of land where:
1.
Such active agricultural use of land is as determined by the St. Charles County Assessor under applicable provisions of Chapter 137, Revised Statutes of Missouri, as amended, and regulations of the State Tax Commission promulgated pursuant to them, or
2.
Such active agricultural use of land is for active conservation and hunting purposes, and
3.
Such structure is not within 500 feet of land subject to residential zoning.
3. 
Section 102.3 Application of other codes, is amended to read as follows (added language in italics, deleted language in [brackets]):
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 Residential Code, International Fuel Gas Code, International Mechanical Code and NFPA 70. Nothing in this code shall be construed to cancel, modify or set aside any provision of the [International Zoning Code or the] Unified Development Ordinance of St. Charles County, Missouri, Chapters 405, 410 and 412, Ordinances of St. Charles County, Missouri.
4. 
Section 103.1 is amended to read as follows (added language in italics, deleted language in [brackets]):
General. The Director of the Department of Community Development or his/her designee shall be known as the Code Official. [The department of property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the code official.]
5. 
Section 103.2 is amended to read as follows (added language in italics, deleted language in [brackets]):
Occupancy permits. Occupancy permits shall be required for all existing structures upon any change in ownership, tenancy or occupancy of such structures. A new owner, tenant or occupant shall submit to the Code Official, on forms supplied by the Code Official, an application for an occupancy permit along with required inspection fees. The Code Official shall promptly schedule and conduct inspections for occupancy permits; shall order the applicant to correct any violations of this code noted at the time of inspection; and shall issue an occupancy permit only after reinspecting to determine that the applicant has complied with that order. It shall be a violation of this code to occupy any structure subject to this provision without an occupancy permit.
Exception: An occupancy permit shall not be required for existing residential structures unless the structure was condemned by the Code Official in accordance with this code. Such condemned structures shall meet all the minimum requirements of all applicable codes and regulations adopted by St. Charles County as a prerequisite to issuance of an occupancy permit.
Exception: The Code Official may issue a temporary occupancy permit for a period not to exceed ninety (90) days, if the Code Official determines that, by type and amount, the violations of this code that must be corrected do not constitute a health or safety risk to occupants or to surrounding properties.
[Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction.]
6. 
Section 103.5 is amended to read as follows (added language in italics, deleted language in [brackets]):
Fees: Any fees for activities or services performed pursuant to this code shall be set by ordinance. [The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule.]
[JURISDICTION TO INSERT APPROPRIATE SCHEDULE.]
7. 
Section 104.6 is amended to read as follows (added language in italics, deleted language in [brackets]):
Records [Department records]: The code official shall keep official records of all business and activities [of the department] specified in the provisions of this code. Such records shall be retained in the official records for the period required for retention of public records.
8. 
Section 105.1 is amended to read as follows (added language in italics, deleted language in [brackets]):
Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases upon written application of the owner or owner's representative on forms provided by the code official, provided the code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files.
9. 
Section 106.4 is amended to read as follows (added language in italics, deleted language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015]
Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Violations of this code are misdemeanors punishable by fines. Fines shall not exceed [exceeding] $200.00. [$1,000.00 or imprisonment not exceeding one year, or both]. Each week [day] that a violation continues after due notice has been served shall be deemed a separate offense.
10. 
Section 108.1 is amended to read as follows (added language in italics, deleted language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
General. When a structure or equipment or premises is found by the [code official] Division of Building and Code Enforcement to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, [such structure shall be condemned] such structure, equipment or premises shall be deemed uninhabitable/unusablepursuant to the provisions of this code.
11. 
Section 108.1.1 is amended to read as follows (added language in italics, deleted language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
Unsafe structures or premises. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. Unsafe premises are premises determined [found] by the code official as provided below to present hazards to owners, occupants, visitors or the public because of such conditions as contamination, outdoor storage or use of explosives, hazardous materials or chemical, unstable ground, subsidence or sinkholes, or falling, fallen or failing trees.
The code official's determination required by this section shall be in writing and based (except in cases of methamphetamine contamination governed by Section 500.530, Ordinances of St. Charles County, Missouri) upon findings by the Division of Building and Code Enforcement.
12. 
Section 108.2 is amended to read as follows (added language in italics, deleted language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
Closing of [condemned] vacant structures that are uninhabitable/unusable: If [the condemned] the uninhabitable/unusable structure is vacant and unfit for human habitation and occupancy or is unsafe, but is not in danger of structural collapse, the Division of Building and Code Enforcement [code official] is authorized to post an "inhabitable/unusable" placard [of condemnation] on the premises and order the structure closed up so as not to be an attractive nuisance. A structure may be closed by securing all [openings] unsecured doors, windows or holes large enough to allow entrance to the structure with locks and/or by screwing them shut and/or by boarding. If boarding is used, it shall be a minimum of one-half-inch plywood or oriented strand board (OSB) securely fastened to the structure with corrosion-resistant screws and painted white or beige or the same color as the structures siding or trim. OSB shall be installed with its smooth side facing out. Upon failure of the owner or agent having charge of a property to comply with a correction order in a notice of violation of this section, that owner or agent shall be subject to prosecution in accordance with Section 106.3 of the International Property Maintenance Code, and the code official may cause the violation to be abated as provided by Section 500.510.
[If the structure is vacant and unfit for human habitation and occupancy and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.]
12a. 
Section 108.3 is amended to read as follows (added language in italics, deleted language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
Notice. Whenever the Division of Building and Code Enforcement [code official] has restricted for use [condemned] a structure or equipment or premises under the provisions of this section, an "uninhabitable/unusable" notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equipment, it shall also be placed on the [condemned] equipment subject to the notice. If the notice pertains to premises it shall be placed on the principal structure, if any, on the same tract. The notice shall be in the form prescribed in Section 107.2.
13. 
Section 108.4 is amended to read as follows (added language in italics, deleted language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the [code official] Division of Building and Code Enforcement may [shall] post on the structure or premises or on defective equipment a placard bearing the words "uninhabitable/unusable" [word "Condemned"] and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. Whether to post a placard shall depend on whether the premises or equipment constitutes an attractive nuisance or is threatened with vandalism.
13a. 
Section 108.4.1 is amended to read as follows (added language in italics, deleted language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
108.4.1 Placard removal. The [code official] Division of Building and Code Enforcement shall remove the condemnation placard whenever the defect or defects upon which the [condemnation and] placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the [code official] Division of Building and Code Enforcement shall be subject to the penalties provided by this code.
13b. 
Section 108.5 is amended to read as follows (added language in italics, deleted language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
Any occupied structure [condemned and] placarded by the [code official] Division of Building and Code Enforcement shall be vacated as ordered by the [code official] Division of Building and Code Enforcement. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy placarded premises or operate placarded equipment shall be liable for the penalties provided by this code.
13c. 
Section 108.6 is amended to read as follows (added language in italics, deleted language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
The owner, operator or occupant of a building, premises or equipment deemed unsafe by the [code official] Division of Building and Code Enforcement shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.
14. 
Section 108.6 is amended by addition of a new subsection 108.6.1 reading as follows (added language in italics):
108.6.1 Mobile homes. Any mobile, manufactured or modular home that has been condemned by any governmental agency (Federal, State, County or Municipal) shall be removed from St. Charles County jurisdiction at owner's expense within thirty (30) days after condemnation has been posted, unless the structure has been repaired in accordance with Section 500.600, Ordinances of St. Charles County, Missouri.
14a. 
Section 108.7 is amended to read as follows (added language in italics, deleted language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
108.7 Record. The [code official] Division of Building and Code Enforcement shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
14b. 
Section 109.1 is amended to read as follows (added language in italics, deleted language in [brackets]:
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
When, in the opinion of the [code official] Division of Building and Code Enforcement, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the [code official] Division of Building and Code Enforcement is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The [code official] Division of Building and Code Enforcement shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the [Code Official] Division of Building and Code Enforcement. It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
The Division of Building and Code Enforcement's findings required by this section shall be in writing and based (except in cases of methamphetamine contamination governed by Section 500.530, Ordinances of St. Charles County, Missouri) upon determinations by the St. Charles Building Commissioner or members of their staff.
14c. 
Section 109.2 is amended to read as follows (added language in italics, deleted language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
Notwithstanding other provisions of this code, whenever, in the opinion of the [code official] Division of Building and Code Enforcement, there is imminent danger due to an unsafe condition, the [code official] Division of Building and Code Enforcement shall cause the necessary work to be done, in the absence of by a property owner or its insurer, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the [code official] Division of Building and Code Enforcement deems necessary to meet such emergency.
14d. 
Section 109.3 is amended to read as follows (added language in italics, deleted language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
When necessary for public safety, the [code official] Division of Building and Code Enforcement shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
14e. 
Section 109.4 is amended to read as follows (added language in italics, deleted language in [brackets]):
[Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
For the purposes of this section, the [code official] Division of Building and Code Enforcement shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
15. 
Section 109.5 is amended to read as follows (added language in italics, deleted language in [brackets]):
Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction, subject to proceedings for their recovery including those authorized in Section 500.510(B), Ordinances of St. Charles County, Missouri. [Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.]
16. 
Section 110.1 is amended to read as follows (added language in italics, deleted language in [brackets]):
General: The code official shall order the owner of any premises upon which is located any structure, which in the code official judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the code official shall order the owner to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the building official. The provisions of Section 500.520, Ordinances of St. Charles County, Missouri, shall apply to notices and orders authorized by this section.
17. 
Section 110.2 is amended to read as follows (added language in italics, deleted language in [brackets]):
Notices and orders. The provisions of Section 500.520, Ordinances of St. Charles County, Missouri, shall apply to notices and orders authorized by the preceding section. [All notices and orders shall comply with Section 107.]
18. 
Section 110.3 is amended to read as follows (added language in italics, deleted language in [brackets]):
Failure to comply. The provisions of Section 500.520, Ordinances of St. Charles County, Missouri, shall apply to failure to comply with notices and orders authorized by Section 110.1. [If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.]
19. 
Section 111.1 is amended to read as follows (added language in italics, deleted language in [brackets]):
[Ord. No. 13-087 §5, 11-25-2013; Ord. No. 15-097 §1, 9-28-2015]
Application for appeal: Except as provided below, any person affected by any notice which has been issued in connection with the enforcement of any provision of this code or of any rule or regulation adopted pursuant thereto may appeal to the Building Commission of St. Charles County, as provided in the International Building Code of St. Charles County, Section 500.100, Ordinances of St. Charles County, Missouri, except that such an appeal shall be heard and ruled on by three-member panels of the Building Commission appointed by its chairperson, and except that an application for appeal under this provision shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. Any person affected by a Notice of Unsafe Structure issued pursuant to Section 110.2. above, may appeal that notice pursuant to Chapter 536, Revised Statutes of Missouri, as amended, as provided in the Section 500.520, Ordinances of St. Charles County, Missouri.
[Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.]
20. 
Sections 111.2 through 111.8 (Membership of the board; Notice of meeting; Open hearing; Postponed hearing; Board decision; Court review; Stays of enforcement) are deleted in their entirety.
21. 
Section 112.4 is amended to read as follows (added language in italics, deleted language in [brackets]):
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 prosecuted and penalized as provided in Section 106, above [liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars].
22. 
Section 201.3 is amended to read as follows (added language in italics, deleted language in [brackets]):
Terms defined in other codes: Where terms are not defined in this code and are defined in other codes adopted in Titles IV and V, Ordinances of St. Charles County, Missouri [the International Building Code, International Fire Code, International Zoning Code, International Plumbing Code, International Mechanical Code or NFPA 70], such terms shall have the meanings ascribed to them as stated in those codes.
23. 
Section 201.5 is amended to read as follows (added language in italics, deleted language in [brackets]):
Parts: Whenever the words "dwelling unit", "dwelling", "premises", "building", "manufactured home", "mobile home", "modular home", "recreational vehicle", "rooming house", "rooming unit", "story" or "structure" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof". [Whenever the words "dwelling unit", "dwelling", "premises", "building", "rooming house", "rooming unit", "housekeeping unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof11.]
24. 
Section 202.0's definitions of the terms identified below ["CONDEMN", "DETERIORATION", "DWELLING UNIT", "GARBAGE" AND "RUBBISH"] are amended to read as follows (added language in italics, deleted language in [brackets]): [Ord. No. 15-097 §1, 9-28-2015]
[CONDEMN: To adjudge unsafe or unfit for occupancy.]
DETERIORATION: To weaken, disintegrate, corrode, rust or decay [and lose effectiveness].
DWELLING UNIT: A single unit providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. This term is intended to include, but not be limited to, mobile, manufactured and modular homes.
GARBAGE: Animal or vegetable waste. [The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.]
RUBBISH: Combustible and non-combustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, vehicle and boat parts and dust and other similar materials. This term shall also include indoor furnishings and fixtures such as indoor furniture, appliances, lighting fixtures, mattresses, refrigerators, washers, dryers and water softeners, when left on exterior premises.
UNINHABITABLE/UNUSABLE: Adjudged by the code official to be unsafe or unfit for occupancy or use under Section 108 herein.
25. 
Section 302.2 is amended to read as follows (added language in italics, deleted language in [brackets]):
Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Stagnant water is any water standing for three (3) days in the absence of any precipitation.
26. 
Section 302.3 is amended to read as follows (added language in italics, deleted language in [brackets]):
Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions. All pavement shall be maintained to prevent the accumulation of stagnant water thereon. Stagnant water is any water standing for three (3) days in the absence of any precipitation.
27. 
Section 302.4 is amended to read as follows (added language in italics, deleted language in [brackets]):
Weeds: All developed premises or exterior property shall be maintained free from weeds or plant growth in excess of ten (10) inches. For purposes of this provision, premises or exterior property are "developed" if improved with any structure or if used for outdoor storage of materials or if within a platted subdivision. For purposes of this provision, premises or exterior property includes any public or private right-of-way, so that it shall be the duty of all property owners to maintain premises or exterior property up to the curb or edge of pavement. However, the Code Official may waive the height requirements set out above for any premises or exterior property or part thereof unless doing so would adversely affect health or safety. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, but not trees or shrubs, or agricultural crops, or gardens in the rear yard, or cultivated flowers. Upon failure of the owner or agent having charge of a property to comply with a correction order in a notice of violation of this Section, that owner or agent shall be subjection to prosecution in accordance with Section 106.3, above, and the code official may cause the violation to be abated as provided in Section 500.510(A), Ordinances of St. Charles County, Missouri.
[All premises and exterior property shall be maintained free from weeds or plant growth in excess of (jurisdiction to insert height in inches). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens.]
[Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.]
28. 
Section 302.7 is amended to read as follows (added language in italics, deleted language in [brackets]):
Accessory structures. All accessory structures, including detached garages, detached carports, fences, boat docks, antennas, satellite dishes, tents and walls, shall be maintained structurally sound and in good repair.
29. 
Section 302.8 is amended to read as follows (added language in italics, deleted language in [brackets]):
Motor vehicles and trailers. Except as otherwise provided in this Subsection, no vehicle or trailer may be parked, kept or stored on any premises, if such vehicle is: unlicensed, or unregistered, or in a state of disassembly or disrepair, or in the process of being stripped or dismantled. After issuance of a notice of violation of any provision of this Section, such violation may be deemed a continuing violation upon recurrence of that same violation. Further, any motor vehicle or trailer parked in violation of this Section, if it is subject to the licensing and registration requirements of Chapter 301, Revised Statutes of Missouri, may be subject to towing under Chapter 304, Revised Statutes of Missouri, as amended, or under the Vehicle Removal Code of St. Charles County, Section 500.540, OSCCMo.
Exception: An unlicensed or unregistered vehicle or trailer may be parked in residential zoning districts or in residential subdivisions provided that the vehicle or trailer is parked in an enclosed garage or is kept within a carport under a tarpaulin or car cover that is form fitting and covers the entire body of the vehicle or trailer.
Exception: This provision shall not apply to the extent that applicable zoning regulations provide otherwise.
[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.]
[Exception: 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.]
30. 
Section 302.10 shall be added and shall read as follows (added language in italics):
Outdoor storage: All outdoor storage on industrially zoned properties either shall be neatly stacked with uniform aisle ways and comply with the requirements of Section 302.4 or shall be screened from view from all public or private streets. See the Unified Development Ordinance of St. Charles County, Missouri, Chapters 405, 410 and 412 of the Ordinances of St. Charles County, Missouri, for additional requirements pertaining to outdoor storage.
Outdoor storage on any lot or tract that is residentially zoned or platted or that is used for residential purposes shall be restricted to (a) firewood stacked and stored for personal use on the same lot or tract, (b) composting of residential yard waste in compliance with Section 240.1401, Ordinances of St. Charles County, Missouri (Solid Waste Management Code), and (c) other items incidental to residential occupancy such as mulch, building materials or landscaping materials, that are used for on-premises improvement projects related to such uses. But storage of such other items may be allowed only for a limited time, not to exceed 270 days, to complete such projects.
Outdoor storage on land in active agricultural use as provided in Section 101.2 of the Property Maintenance Code as amended shall be permitted for farm equipment, farm implements, materials used in agriculture and fencing.
31. 
Section 302.11 shall be added and shall read as follows (added language in italics):
Dead trees and dead tree limbs. All dead trees and dead tree limbs shall be removed from all tracts or lots (a) in residential subdivisions and one (1) acre or less in area, or (b) dedicated to any commercial or industrial use, or (c) improved with any structure or public electric utility which is at risk of damage due to the fall of such dead trees or deed tree limbs.
Upon failure of the owner or agent having charge of a property to comply with a correction order in a notice of violation of this Section, that owner or agent shall be subjection to prosecution in accordance with Section 106.3, above, and the code official may cause the violation to be abated as provided in Section 500.510(A), Ordinances of St. Charles County, Missouri.
32. 
Section 303.1 is amended to read as follows (added language in italics, deleted language in [brackets]):
Swimming pools: Swimming pools shall be maintained in a clean and sanitary condition and in good repair. All swimming pools shall be operated and maintained through the use of equipment required by the International Building Code of St. Charles County, Section 500.100, Ordinances of St. Charles County, Missouri, the International Residential Code for One- and Two-Family Dwellings of St. Charles County, Section 500.150, Ordinances of St. Charles County, Missouri, and/or the Aquatic and Recreational Facilities Code of St. Charles County, Chapter 233, Ordinances of St. Charles County, Missouri, as applicable. All swimming pools shall be maintained to prevent the accumulation of stagnant water. If a swimming pool is equipped with a tight fitting cover, that cover must be maintained to prevent the accumulation of stagnant water thereon. Stagnant water is any water standing for three (3) days in the absence of any precipitation.
33. 
Section 304.6 is amended to read as follows (added language in italics, deleted language in [brackets]):
Exterior walls. All exterior walls shall be free from holes, breaks and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. Exterior walls shall be free from mold and mildew. Painted exterior walls shall be free from faded colors that are not uniform, and touch up paint shall match the existing colors.
34. 
Section 304.14 is amended to read as follows (added language in italics, deleted language in [brackets]):
Insect screens. During the period from January 1 to December 31 [[DATE] to [DATE]], 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 not less than 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.
35. 
Section 304.18.1 is amended to read as follows (added language in italics, deleted language in [brackets]):
Doors. All side-hinged doors [Doors] providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a lock throw of not less than 1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer's specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock.
Exception: Dead bolts shall not be required on doors leading from dwelling units to attached garages where exterior garage doors are provided.
36. 
Section 304.19 shall be added and shall read as follows (added language in italics):
Skirting. Every manufactured and mobile home, now existing or subsequently located within unincorporated St. Charles County, shall have skirting around the entire structure. Skirting shall be made of aluminum or vinyl material.
37. 
Section 305.3 is amended to read as follows (added language in italics, deleted language in [brackets]):
Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected as directed by the Code Official.
38. 
Section 306 (Component Serviceability) is deleted in its entirety.
39. 
Section 308.1 is amended to read as follows (added language in italics, deleted language in [brackets]):
Accumulation of rubbish or garbage or sewage. All exterior property and premises, including natural watercourses and setback areas on those premises as defined and regulated by the Unified Development Ordinance of St. Charles County, Chapter 405, Ordinances of St. Charles County, Missouri, and the interior of every structure shall be free from any accumulation of rubbish or garbage or sewage. No rubbish or garbage or sewage may be collected, stored or sorted on or within any vehicle or container other than a container designed or constructed for such use. [All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage.]
40. 
Section 308.1.1 shall be added and shall read as follows (added language in italics):
Abatement by St. Charles County of violations of Section 307.1 (rubbish or garbage or sewage). Upon failure of the owner or agent having charge of a property to comply with a correction order in a notice of violation of this Section, that owner or agent shall be subjection to prosecution in accordance with Section 106.3, above, and the code official may cause the violation to be abated as provided in Section 500.510(A), Ordinances of St. Charles County, Missouri.
41. 
Section 308.1.2 shall be added and shall read as follows (added language in italics):
Abatement by St. Charles County of violations of Section 307.1 (rubbish or garbage or sewage) (cost offset for salvage). If St. Charles County causes the removal of accumulated rubbish or garbage or sewage pursuant to Section 307.1.2, the County is authorized to sell salvage and valuable materials and apply sales proceeds as provided by Section 110.4 of this International Property Maintenance Code.
42. 
Section 308.2 is amended to read as follows (added language in italics, deleted language in [brackets]):
Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers, that is, containers meeting the requirements of the Solid Waste Management Code of St. Charles County, Section 240.310, Ordinances of St. Charles County, Missouri.
43. 
Section 308.3 is amended to read as follows (added language in italics, deleted language in [brackets]):
Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers, that is, containers meeting the requirements of the Solid Waste Management Code of St. Charles County, Section 240.310, Ordinances of St. Charles County, Missouri.
44. 
Section 308.4 shall be added and shall read as follows (added language in italics):
On-site storage of approved containers or approved garbage containers. Containers required by this Section shall not be stored in the front yard as defined in Chapter 405, OSCCMo, or on a front porch or landing of any building, nor shall such containers be stored so that they may be pushed about or turned over by wind.
45. 
Section 404.5 is amended to read as follows (added language in italics, deleted language in [brackets]):
Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5. [The number of persons occupying a dwelling unit shall not create conditions that, in the opinion of the code official, endanger the life, health, safety or welfare of the occupants.]
TABLE 404.5
MINIMUM AREA REQUIREMENTS
SPACE
MINIMUM AREA IN SQUARE FEET
1—2 occupants
3—5 occupants
6 or more occupants
Living room a,b
No requirements
120
150
Dining room a,b
No requirements
80
100
Bedrooms
Shall comply with Section 404.4
For SI: 1 square foot = 0.093 m2.
a.
See Section 404.5.2 for combined living room/dining room spaces.
b.
See Section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes.
404.5.1 Sleeping area. The minimum occupancy area required by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with Section 404.4.
404.5.2 Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 404.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.
46. 
(Reserved)
47. 
Section 602.2 is amended to read as follows (added language in italics, deleted language in [brackets]):
Residential occupancies: Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances and/or portable heaters shall not be used to provide space heating to meet the requirements of this Section.
Exception: In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained.
48. 
Section 602.3 is amended to read as follows (added language in italics, deleted language in [brackets]):
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 [[DATE] to [DATE]] to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.
Exceptions:
1. 
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.
2. 
In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained.
49. 
Section 602.4 is amended to read as follows (added language in italics, deleted language in [brackets]):
Occupiable work spaces: Indoor occupiable work spaces shall be supplied with heat during the period from January 1 to December 31 [[DATE] to [DATE]] to maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied.
Exceptions:
1. 
Processing, storage and operation areas that require cooling or special temperature conditions.
2. 
Areas in which persons are primarily engaged in vigorous physical activities.
50. 
Section 604.2 is amended to read as follows (added language in italics, deleted language in [brackets]):
Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70. Dwelling units shall be served by a minimum three-wire, 120/240 volt, single-phase electrical service having a rating of not less than 60 amperes.
51. 
Section 604.3.1.1 is amended to read as follows (added language in italics, deleted language in [brackets]):
Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the National Electric Code [International Building Code].
52. 
Section 604.3.2.1 is amended to read as follows (added language in italics, deleted language in [brackets]):
Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the National Electric Code [International Building Code].
53. 
Section 702.3 is amended to read as follows (added language in italics, deleted language in [brackets]):
Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code or International Residential Code.
[Ord. No. 10-040 §2, 6-2-2010; Ord. No. 15-097 §2, 9-28-2015]
Where the Code Official is authorized by the Property Maintenance Code of St. Charles County to abate a violation of that code, the Code Official may do so as provided herein.
A. 
Non-emergency abatement responsibilities of Code Official. In the absence of an emergency, the Code Official shall employ the following procedure:
1. 
Notice of order to abate and of hearing. The Code Official shall serve a notice of the violation to be abated on the owners of the property and on any other person responsible for it. That notice may be served personally, or by mail, or by posting on the property. That notice shall order a hearing by the Director of Community Development in at least four (4) calendar days and shall order the abatement of the violation by the time of the hearing.
2. 
Failure to abate, hearing, declaration of nuisance and further order to abate. If the violation is not abated by the time of the hearing, the Director of Community Development may find and declare the violation a nuisance at that hearing and order the violation abated within two (2) working days.
3. 
Failure to abate and abatement by Code Official. If the violation is not abated within two (2) working days, the Code Official shall have that violation abated at public expense and certify the costs thereof and of all necessary inspections and administrative proceedings and record keeping to the St. Charles County Director of Finance.
B. 
Emergency abatement responsibilities of Code Official. In an emergency, where the Code Official abates a violation as authorized in such cases by the Property Maintenance Code of St. Charles County, the Code Official shall employ the following procedure:
1. 
Notice of emergency abatement and of hearing. The Code Official shall serve a notice of the violation abated by the Code Official pursuant to the Property Maintenance Code, including a declaration that the violation is an emergency, the grounds for that declaration, and a statement of the costs of abating that violation, upon the owners of the property and on any other person responsible for it. That notice may be served personally, or by first class mail, postage prepaid, or by posting on the property. That notice shall order a hearing by the Director of Community Development in at least four (4) calendar days.
2. 
Hearing and final order. At hearing the Director of Community Development may confirm, modify or withdraw any element of the foregoing notice, shall enter a final order reflecting those determinations, and shall certify any confirmed costs of abatement and, if there are any such costs, the costs of any and of all necessary inspections and administrative proceedings and record keeping to the St. Charles County Director of Finance.
C. 
The Code Official or his or her designee shall be present during the abatement pursuant to this Section. Any and all items removed from the property during an abatement shall be photographically recorded by the Code Official or his or her designee.
[Ord. No. 16-077 §1, 10-11-2016]
D. 
Imposition of lien after abatement by Code Official responsibilities of Director of Finance. The St. Charles County Director of Finance shall prepare and issue to the owners of the property in violation a special tax bill against the property for those costs, payable within thirty (30) days of issuance. Each such special tax bill shall include a notice of lien stating that if the bill is not paid when due, it shall become, from the date of its issuance, a first (1st) lien on the property until paid, to be collected by the St. Charles County Collector of Revenue in the same way as property taxes are collected. Each such special tax bill shall be prima facie evidence of the recitals therein and of its validity, and no mere clerical error or informality in the tax bill or the proceedings leading up to its issuance shall be a defense thereto. The St. Charles County Director of Finance shall deliver each such special tax bill that remains unpaid after payment is due to the St. Charles County Collector of Revenue on or before the first (1st) day of June of each year, to be collected with property taxes as provided above.
E. 
Appeal. An aggrieved party may appeal from an order of the Director of Community Development as provided by Chapter 536, Revised Statutes of Missouri.
[Ord. No. 10-040 §2, 6-2-2010; Ord. No. 11-044 §1, 6-14-2011]
A. 
Notice Of Unsafe Structure. If an unsafe condition as defined by the Property Maintenance Code of St. Charles County is found in a building or structure, the Director of the St. Charles County Division of Building and Code Enforcement (hereafter "Code Official") shall prepare and issue a Notice of Unsafe Structure. For purposes of this Section, an unsafe condition may also include:
[Ord. No. 15-097 §3, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016]
1. 
Failure to repair and restore to use any structure that is damaged by fire or by flood or by any other natural disaster within one (1) year of such damage, or
2. 
Failure to repair and restore to use any structure under a notice of violation and condemnation issued pursuant to the Property Maintenance Code of St. Charles County within one (1) year of the date of such notice.
B. 
Identification Of Defects. The notice shall list defects in the structure or building that constitute unsafe conditions and declare that structure or building a public nuisance.
1. 
The notice shall also order the structure or building vacated by the fifteenth (15th) day following service of the notice. However, if the Code Official determines that an imminent dangerous condition exists, the notice shall also order that the structure or building be vacated forthwith pursuant to Section 109.1 of the Property Maintenance Code of St. Charles County and that the building or structure be boarded up within twelve (12) hours of service of the notice.
2. 
In addition, the notice shall order that substantial work on repairs must begin or (if repairs would be unreasonable) that demolition must be completed by no later than the thirtieth (30th) day following service of the notice.
C. 
Form Of Notice. The notice shall be in substantially the following form: [Ord. No. 16-054 §11, 7-25-2016]
ST. CHARLES COUNTY DIVISION OF BUILDING AND CODE ENFORCEMENT: NOTICE OF UNSAFE STRUCTURE, DECLARATION OF PUBLIC NUISANCE AND ORDER
Unsafe Structure:
(insert address or other adequate description of building or structure)
Serve:
(insert names of owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the structure or building according to the land records of the St. Charles County Recorder of Deeds)
Notice Of Unsafe Structure, Declaration Of Public Nuisance, And Order:
(complete paragraphs 1, 2 and either 3A or 3B)
1. 
THE STRUCTURE OR BUILDING IDENTIFIED ABOVE IS UNSAFE AND IS HEREBY DECLARED A PUBLIC NUISANCE BECAUSE OF THE FOLLOWING DEFECTS:
2. 
NO PERSON MAY OCCUPY THIS STRUCTURE OR BUILDING, OR ANY PART THEREOF, AFTER THE FIFTEENTH (15TH) DAY FOLLOWING SERVICE OF THIS NOTICE. After such date, no person shall occupy, enter, refuse to leave, or remain in this structure or building or any part thereof, except persons directly employed in securing, repairing or removing such building.
3A. 
THIS STRUCTURE OR BUILDING MUST BE REPAIRED TO CURE THE DEFECTS LISTED IN PARAGRAPH 1 ABOVE. WORK MUST BEGIN BY THE THIRTIETH (30TH) DAY FOLLOWING SERVICE OF THIS NOTICE AND PROCEED CONTINUOUSLY WITHOUT UNNECESSARY DELAY TO COMPLETION. This order may be obeyed by demolition and removal of this structure. Upon failure to repair as herein required, the Code Official may, after hearing, order repairs to be made, and the cost thereof charged to the owner of this property as a special tax lien.
3B. 
THIS STRUCTURE MUST BE DEMOLISHED AND REMOVED FROM THE PREMISES BY THE THIRTIETH (30TH) DAY FOLLOWING SERVICE OF THIS NOTICE. If this structure is not demolished and removed by that date, the Code Official may, after hearing, order the same done and the cost assessed against the property as a special tax lien. This demolition order is mandatory. However, it may be converted into a repair order, provided that plans and bids satisfying the requirements of Subsection 500.520(G) and, if applicable, Subsection 500.520(H) below be presented to the St. Charles County Division of Building and Code Enforcement within thirty (30) days of the service of this notice.
D. 
Posting Of Notice. A copy of the Notice of Unsafe Structure and Declaration of Public Nuisance shall be posted in a prominent place on the premises.
E. 
Method Of Service Of Notice. The Notice of Unsafe Structure shall be recorded at the office of the St. Charles County Recorder and shall be served on all affected parties, namely owners, occupants, lessees, mortgagees, agents and all other persons having an interest in the unsafe building or structure as shown by the land records of the St. Charles County Recorder of Deeds. The notice may be served personally or by first class mail, postage prepaid, or if service cannot be had by either of these modes of service, then by at least one (1) publication in a newspaper of general circulation in St. Charles County.
F. 
Restoration. An unsafe structure may be restored to safe condition solely as authorized by the International Building or Residential Code of St. Charles County.
G. 
Unreasonable Repairs General Provision. As provided in the International Building or Residential Code of St. Charles County and subject to Subsection 500.520(H), below, the Code Official shall presume that a structure or building may not be repaired if the Code Official determines that the cost of repairs would exceed seventy-five percent (75%) of the current assessed value of the unsafe structure or building as determined by the St. Charles County Assessor's most recent assessment. To rebut this determination, a property owner, within thirty (30) days of the service of a Notice of Unsafe Structure, must present to the Director who issued the notice three (3) signed bids from outside contractors.
[Ord. No. 15-097 §3, 9-28-2015]
H. 
Unreasonable Repairs Special Provision For Unsafe Buildings Or Structures In Floodway, Floodway Fringe Or Density Floodway Zoning Districts As Defined By St. Charles County Zoning Regulations. With respect to unsafe structures or buildings in Floodway, Floodway Fringe or Density Floodway zoning districts as defined in Article XI, Sections 405.245 et seq. of the Unified Development Ordinance of St. Charles County, Missouri, the Director of the St. Charles County Division of Building and Code Enforcement shall apply the non-conforming use provision specifically applicable in such zoning districts.
[Ord. No. 16-054 §11, 7-25-2016]
I. 
Failure To Comply With Repair Or Demolition Order In Notice Of Unsafe Structure Notice Of Hearing Service. If the affected parties fail to commence work on repairs or complete demolition within the time stated in the notice of unsafe structure, or if the affected parties fail to proceed continuously with the work without unnecessary delay, the Code Official shall call a hearing upon the matter, giving the affected parties twenty-one (21) days' written notice of the hearing. Said notice of hearing may be served personally or first class mail, postage prepaid, or if service cannot be had by either of these modes of service, then by at least one (1) publication in a newspaper of general circulation.
J. 
Conduct Of Hearing. The Director of Community Development (hereinafter "director") shall conduct a full and adequate hearing. Any affected party may be represented by counsel and all affected parties shall have an opportunity to be heard. Upon hearing the parties, the director may find and conclude that the structure to be demolished is not unsafe and need not be demolished or repaired, or that the structure is unsafe and must be demolished or repaired, in which case the director may order demolition or repair by the County as provided in Subsection (K) below or may institute legal action in a court of competent jurisdiction to compel demolition or repair.
[Ord. No. 15-097 §3, 9-28-2015]
K. 
Cost Of Repair Or Demolition To Be Recovered By Tax Lien. If the director issues an order whereby the building or structure is demolished, secured or repaired at St. Charles County's expense, the cost of performance shall be certified to St. Charles County's Finance Officer who shall cause a special tax bill or assessment therefore against the property to be prepared and collected by the County Collector. At the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from date of its issuance shall be deemed a personal debt against the property owner and shall also be a lien on the property until paid.
[Ord. No. 15-097 §3, 9-28-2015]
L. 
Salvage Materials. If the Director orders a building or structure demolished at the County's expense, the County is authorized to sell salvage and valuable materials and apply sales proceeds as provided by the International Property Maintenance Code, as adopted by St. Charles County.
[Ord. No. 15-097 §3, 9-28-2015]
M. 
Appeal. Affected parties may appeal from the determination of the director as provided by Chapter 536, Revised Statutes of Missouri.
[Ord. No. 15-097 §3, 9-28-2015]
[Ord. No. 11-121 §1, 12-29-2011; Ord. No. 13-023 §1, 3-28-2013]
A. 
Title. This Section is entitled and may be known as "Levels of Contamination Due to Production of Methamphetamine and Protocols for Abating Such Contamination".
B. 
Purpose. The purposes of this Section are:
1. 
To adopt standards for identifying dangerous levels of toxic chemicals and residue associated with the production of methamphetamine; and
2. 
To establish protocols whereby the St. Charles County Department of Community Development may cooperate with and rely on the Drug Task Force when applying the Property Maintenance Code of St. Charles County to order or cause the abatement of contamination in structures due to the production of methamphetamine.
C. 
Definitions. For purposes of this Section, the words or terms listed below are defined as follows:
DEPARTMENT
The St. Charles County Department of Community Development.
DRUG TASK FORCE
The St. Charles County Regional Drug Task Force, a multi-jurisdictional enforcement group or MEG established by intergovernmental agreements between St. Charles County and the municipalities of O'Fallon, St. Peters, Wentzville, Lake St. Louis and St. Charles pursuant to the Intergovernmental Drug Laws Enforcement Act, Sections 195.501 to 195.511, RSMo., as amended.
METHAMPHETAMINE
Dextro methamphetamine, levo methamphetamine, and unidentified isomers of the same, any racemic mixture of dexto/levo methamphetamine, or any mixture of unidentified isomers of methamphetamine. The term includes derivatives, conjugates, oxides and reduced forms of the basic structure associated with the formation of methamphetamine. For the purposes of this protocol, this term includes amphetamine, ephedrine and pseudoephedrine.
QUALIFIED COMPANY OR QUALIFIED CONTRACTOR
A company or contractor that tests structures for the presence of unsafe contamination and/or abates such unsafe contamination and that:
1. 
Complies with the guidelines of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August 2009);
2. 
Complies with the regulations of the Occupational Safety and Health Administration of the United States Department of Labor relating to hazardous waste operations and emergency response, including 29 Code of Federal Regulations Section 1910.120;
3. 
Requires that at least one (1) employee or supervisor assigned to and on duty at any work site shall have completed the forty (40) hour Hazardous Waste Operations and Emergency Response (HASWOPER) training [Occupational Safety and Health Administration (OSHA) 29 CFR 1910];
4. 
Requires its personnel to complete a clandestine drug lab assessment and decontamination course offered by a sponsor acceptable to the Drug Task Force and/or Department;
5. 
Neither employs nor is managed or owned by any person who has either been convicted of any crime involving the production, possession, use, or distribution of methamphetamine, or is currently being prosecuted for any crime involving the production, possession, use, or distribution of methamphetamine; and
6. 
Is not engaged to test or decontaminate a structure in which it or any of its owners, managers or personnel has an interest.
UNSAFE CONTAMINATION
The presence of chemicals in a structure at levels exceeding the levels for such chemicals as provided in Subsection (D), below.
D. 
Unsafe Contamination. A structure will be considered unsafe for purposes of the Property Maintenance Code of St. Charles County if it is found to contain any of the chemicals listed below at exposure limits above the levels listed below established by the National Institute for Occupational Safety and Health (NIOSH):
1. 
Red Phosphorus—any amount
2. 
Iodine Crystals C0.1 ppm (1 mg/m3)
3. 
Sulfuric Acid TWA 1 mg/m3
4. 
Hydrogen Chloride C 5 ppm (7 mg/m3)
5. 
Hydrochloric Acid (Hcl gas) - C 5 ppm (7 mg/m3)
6. 
Methamphetamine—in a concentration equal to or greater than 1.5 µgram/100 cm2
7. 
Lead and Mercury—If it is determined that the phenyl-2-propanone (P2P) method of methamphetamine manufacturing was used, surface levels for lead in excess of 20 µg/ft2 and vapor samples for Mercury in excess of 50 ng/m3.
E. 
Closure And Abatement Orders Upon Report And Investigation By Drug Task Force.
1. 
When the Drug Task Force reports to the Department that a structure in unincorporated St. Charles County, or in a municipality that has contracted for enforcement of the Property Maintenance Code with St. Charles County, has been used for the use or production of methamphetamine or as a storage facility for chemicals used in the manufacturing of methamphetamine, the Department may order that structure closed pursuant to Section 109 of the Property Maintenance Code of St. Charles County. The Department shall rescind such an order if either the Drug Task Force or a qualified company or contractor engaged by the structure's owner to perform sampling and testing under Subsection (F)(3) below later reports that after testing and investigation it has not found unsafe contamination in that structure.
2. 
When the Drug Task Force reports to the Department that a structure in unincorporated St. Charles County, or in a municipality that has contracted for enforcement of the Property Maintenance Code with St. Charles County, contains unsafe contamination as identified in the preceding Subsection, the Department shall order that structure closed pursuant to Section 109 of the Property Maintenance Code of St. Charles County.
F. 
Supplementary Notice And Instructions.
1. 
While closure and abatement orders pursuant to Section 109 of the Property Maintenance Code of St. Charles County may be posted, the Department shall also attempt to contact the owner of record of the affected property, or the owner's agent, as provided by Section 107 of the Property Maintenance Code of St. Charles County.
2. 
Such notice shall direct the owner to contact the Department's Division of Building and Code Enforcement within twenty (20) calendar days to identify a qualified contractor or company engaged to decontaminate the structure and establish a schedule for decontaminating the structure, and further advise the owner that failure to contact the Department within that time specified may result in the Department's request to disconnect electric service in order to ensure that the structure is not re-occupied until it is decontaminated.
[Ord. No. 16-054 §11, 7-25-2016]
3. 
Such notice shall also inform the owner that if the owner contacts the Department within the time specified in the notice, the owner may request to have the structure retested, but such retesting must be performed as follows.
a. 
The owner must employ the services of a qualified company or contractor to perform sampling and to analyze the samples.
b. 
An inspector for the County must be present when the qualified company or contractor takes samples and the owner shall pay an inspection fee of forty dollars ($40.00), payment of which must be made prior to the appointment for taking samples.
c. 
Sampling and testing shall be performed in accordance with the appropriate Sections of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August 2009).
d. 
The qualified company or contractor engaged by the owners must report the results of its analysis of the samples taken to the Department.
e. 
Such retesting shall not be allowed after any party has attempted to decontaminate the structure by any means without complying with Subsection (F)(2) above.
G. 
Decontamination.
1. 
If testing confirms the presence of unsafe contamination in a structure, the owner shall hire a qualified contractor or company to decontaminate the structure and will advise the Department of the schedule for decontamination.
2. 
The schedule for the work and evidence that the qualified contractor or company meets the requirements of this Section must be submitted for approval to the Department within twenty (20) calendar days of the receipt of notice. Approval will be based solely on the timeliness of the schedule and the qualifications of the contractor. Approval or rejection of the schedule will be provided within a reasonable time of submission. If rejected the owner will be informed, in writing, of specific reasons for the rejection and will be required to amend the schedule or the proposed qualified contractor or company. Decontamination shall be performed in accordance with the appropriate Sections of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August 2009).
3. 
If the owner of property determined to have unsafe contamination fails to voluntarily abate that contamination, the Department may serve a Notice of Violation and proceed in accordance with Section 500.520, Ordinances of St. Charles County, Missouri. The Department may request disconnection of the electrical service until the decontamination is complete.
4. 
Post decontamination sampling. Following the completion of the work the owner shall notify the Department that work is complete and the owner must provide written test results as evidence that the property is compliant with this regulation. The post remediation sampling and testing must be performed by a qualified contractor or company other than and independent of the contractor or company that performed the decontamination and that sampling and testing must be done in accordance with the appropriate Sections of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August 2009).
H. 
Final Action. After the property has been decontaminated and the Department is in possession of evidence that the pertinent chemical levels are below the levels established for unsafe contamination by this Section, the structure will be considered safe and suitable for performance of a full inspection for an occupancy permit in accordance with Section 103.2 of the Property Maintenance Code of St. Charles County, Section 500.500, OSCCMo. If electric service has been disconnected, the Department will notify the electric utility company that the unsafe condition has been mitigated and service can be restored. The property owner shall be responsible for any re-connection fees.
[Ord. No. 07-178 §1, 12-27-2007]
A. 
Title. This Section shall be known and may be cited as the "Vehicle Removal Code".
B. 
Scope And Effect. This Vehicle Removal Code applies to vehicles on private property that violate the Property Maintenance Code of St. Charles County, Section 500.500, OSCCMo. This Vehicle Removal Code does not alter or affect rights and duties that relate to the towing of abandoned vehicles which Chapter 304, Revised Statutes of Missouri, as amended, vests in St. Charles County, or in the St. Charles County Chief of Police, in any other agency of law enforcement, or, finally, in any owners of private property on which vehicles belonging to others may be abandoned.
C. 
Authority To Declare Nuisance And Order Removal. The Director of Building and Code Enforcement or his/her designee may declare a motor vehicle or trailer, if parked on private property in violation of Section 302.8 of the Property Maintenance Code of St. Charles County, as adopted with amendments in Section 500.500.22, OSCCMo, to be a nuisance and order the removal of that motor vehicle or trailer.
[Ord. No. 16-054 §11, 7-25-2016]
D. 
Responsibility For Removal. Upon proper notice of such declaration and order, and if an opportunity to be heard is given, the owner of the motor vehicle or trailer and the owner and the occupant (if other than the owner) of the real property whereon the motor vehicle or trailer is situated shall be jointly and individually liable for the removal of that motor vehicle or trailer. In the event of removal or disposition or both by the County, the owner of the motor vehicle or trailer and the owner or occupant of the private property where same is located shall be jointly and individually liable for the expenses incurred.
E. 
Notice Procedure.
1. 
The Director of Building and Code Enforcement or his/her designee shall give notice of the declaration and order authorized by Subsection (C), above, to the owner of the motor vehicle or trailer, if ascertainable, and to the owner or occupant of the private property where it is located. Such notice shall be given at least seven (7) days before the time set for compliance and shall also schedule a hearing on the same day as the date of compliance in the event any party seeks to be heard rather than comply with the order. Any request for an alternate date, which may be no later than three (3) days thereafter as provided by the notice, must be:
[Ord. No. 16-054 §11, 7-25-2016]
a. 
Filed with the Director of Building and Code Enforcement no later than three (3) days prior to the time set for compliance;
b. 
Filed on a form developed for that purpose by the Director of Building and Code Enforcement and served with the above-mentioned notice; and
c. 
Served on all parties to whom the above-mentioned notice was addressed.
2. 
It shall constitute sufficient notice for a copy of the declaration and order a) to be left at the residence of the occupant, if any, of the private property on which the motor vehicle or trailer is located, b) to be placed on the motor vehicle or trailer, and c) to be sent by first class mail, postage prepaid, to the owner of the motor vehicle or trailer, if ascertainable, and d) to be sent by first class mail, postage prepaid, to the owner of the private property at the owner's last known address according to the records of St. Charles County.
3. 
The declaration and order shall provide the following information:
a. 
Cite the violation of the Property Maintenance Code of St. Charles County;
b. 
Declare that violation to be a nuisance;
c. 
Order the removal of the motor vehicle or trailer within the seven (7) day period;
d. 
State that there is a right to a hearing, set a date for such hearing no sooner than the end of the seven (7) day period mentioned above, and provide notice that at any time prior to the scheduled hearing date, any party may file with the Code Official and serve on all other parties a written request for an alternate hearing date, which the Code Official shall schedule forthwith, with notice to all parties; and
e. 
Advise that upon failure to comply with the order to remove, the County shall undertake such removal with the cost of removal to be levied against the owner or occupant of the real property upon which the vehicle is situated, or the owner of the vehicle.
F. 
Removal Of Motor Vehicle Or Trailer From Private Property.
[Ord. No. 16-054 §11, 7-25-2016]
1. 
The Director of Building and Code Enforcement or his/her designee, including the St. Charles County Chief of Police or his/her designee, shall have the right to enter upon private property to take possession of the motor vehicle or trailer and remove it from the premises if the violation has not been remedied within the seven (7) day compliance period, subject to the following provisos:
a. 
The timely request for an alternate hearing date shall stay the compliance period until such time as the Director of Building and Code Enforcement has entered a decision and for such additional period of time as shall be allotted by the Director of Building and Code Enforcement if abatement is ordered.
b. 
The Director of Building and Code Enforcement his/her designee or the St. Charles County Chief of Police or his/her designee shall not enter upon private property dedicated to residential use without the consent of its residential occupant(s) or a duly issued warrant from a court of competent jurisdiction.
2. 
It shall be unlawful for any person to interfere with, hinder or refuse to allow the Building and Code Enforcement or his/her designee or the St. Charles County Chief of Police or his/her designee to enter upon private property for the purpose of removing a motor vehicle or trailer in accordance with this Vehicle Removal Code.
3. 
Within seventy-two (72) hours of the removal of a motor vehicle or trailer from private property, the Director of Building and Code Enforcement or his/her designee or the St. Charles County Chief of Police or his/her designee shall give notice to the Director of Revenue of the State of Missouri, the registered owner of the motor vehicle or trailer, if ascertainable, and to the owner and occupant, if any, of the private property from which the motor vehicle or trailer was removed, that said motor vehicle or trailer has been impounded and stored for violation of the Property Maintenance Code of St. Charles County. The notice shall describe the motor vehicle or trailer, give the location where it is stored, and state that its owner or the owner or occupant (if any) of the property from which it was removed will be charged with the cost of removal and storage.
G. 
Procedure For Hearing.
[Ord. No. 16-054 §11, 7-25-2016]
1. 
A public hearing shall be conducted before the Director of Building and Code Enforcement. Formal rules of evidence shall not apply; however, the parties shall have the right to present evidence, confront and cross-examine witnesses, and receive a written decision based upon the facts adduced at the hearing.
2. 
The public hearing held by the Director of Building and Code Enforcement is to determine whether there are reasonable grounds to believe that the motor vehicle or trailer ordered to be towed violates the Property Maintenance Code of St. Charles County.
3. 
If after hearing the Director of Building and Code Enforcement is satisfied that there are reasonable grounds to believe that such a violation exists, the Director shall order the vehicle's removal. The Director may impose such conditions and take such other action as deemed appropriate under the circumstances to carry out the purpose of this code and may delay the time for the removal of the motor vehicle or trailer if, in the Director's opinion, the circumstances justify it. In the alternative, the Director of Building and Code Enforcement shall enter an order allowing such vehicle to remain if the he or she finds no violation or nuisance. The costs of removal, storage and advertising expenses, if any, shall be charged against the County or the owner of the vehicle or private property as deemed appropriate by the Director of Building and Code Enforcement.
H. 
Method Of Removal And Disposition Of Motor Vehicles, Trailers And Property.
1. 
If a motor vehicle or trailer declared to be a nuisance or ordered removed is not timely removed or if that declaration and order is not rescinded after hearing pursuant to this Vehicle Removal Code, the Director of Building and Code Enforcement shall notify the St. Charles County Chief of Police to remove or cause to be removed any motor vehicle or trailer. Upon receiving that notification, the St. Charles County Chief of Police or his/her designee may remove or cause to be removed any such motor vehicle or trailer in accordance with the provisions of this Vehicle Removal Code by requesting such services of a service station, towing operator, salvage dealer or motor vehicle repair shop under contract with St. Charles County for towing services. Such vehicles or trailers shall be placed in a garage, towing service facility, auto repair shop or other place designated or maintained by the St. Charles County Chief of Police.
[Ord. No. 16-054 §11, 7-25-2016]
2. 
Neither the Director of Building and Code Enforcement, nor the St. Charles County Chief of Police, nor any of their designees, nor, finally, anyone having custody of a motor vehicle or trailer towed pursuant to this Vehicle Removal Code shall be liable for any damage to such motor vehicle or trailer occasioned by its removal other than damages occasioned by gross negligence or by willful or wanton acts or omissions, except as provided by Section 304.154, Revised Statutes of Missouri, as amended.
[Ord. No. 16-054 §11, 7-25-2016]
3. 
The owner of a motor vehicle or trailer removed pursuant to this Section shall be responsible for payment of all reasonable charges for towing and storage of such motor vehicle or trailer, except that if it has been reported as stolen or taken without the consent of the owner, the owner shall be responsible only for its storage for any period after five (5) business days after receiving the notice of removal provided by the Missouri Director of Revenue pursuant to Section 304.155 Revised Statutes of Missouri, as amended.
4. 
Upon the towing of any vehicle under this Section, the Department shall make an inquiry with the National Crime Information Center and any statewide Missouri law enforcement computer system to determine if the vehicle has been reported as stolen. The Department shall submit a report to the Missouri Director of Revenue within five (5) working days of the towing of the vehicle. Such report shall include the following:
a. 
The year, model, make and vehicle identification number of the motor vehicle or trailer;
b. 
A description of any damage to the motor vehicle or trailer noted by the Law Enforcement Officer;
c. 
The license number;
d. 
The storage location of the towed motor vehicle or trailer;
e. 
The name and address of the tower;
f. 
The date of the authorization to tow the vehicle; and
g. 
The date of the inquiry of the National Crime Information Center and any statewide Missouri law enforcement computer system to determine if the motor vehicle or trailer had been stolen.
5. 
The owner of such vehicle or the holder of a valid security interest thereon which is in default may reclaim it from the service station, towing operator, salvage dealer or motor vehicle repair shop upon proof of ownership or valid security interest which is in default and upon payment of all reasonable charges for the towing and storage of the motor vehicle or trailer.
6. 
Any person who removes a motor vehicle or trailer at the direction of the St. Charles County Chief of Police as provided in this Section shall have a lien for all reasonable charges for the towing and storage of the vehicle, until possession of the motor vehicle or trailer is voluntarily relinquished to the owner of the motor vehicle or trailer or to the holder of a valid security interest thereon which is in default. Such lien shall be enforced in the following manner:
a. 
The lienholder in possession shall request the St. Charles County Chief of Police to make inquiry with the National Crime Information Center and any statewide Missouri law enforcement computer system to determine if the vehicle had been reported stolen and in whose name the vehicle is registered;
b. 
The lienholder in possession shall notify by registered mail, postage prepaid, the owner, if known, and any lienholders of record at their last known addresses that application for a certificate of title will be made unless the owner or lienholder of record makes satisfactory arrangements with the person holding the vehicle for payment of towing and storage within thirty (30) days of the mailing of the notice. This notice shall be supplied by the use of a form designed and provided by the Missouri Director of Revenue;
c. 
Thirty (30) days after the notification form has been mailed and the vehicle is unredeemed and no satisfactory arrangement has been made with the lienholder in possession for continued storage, the lienholder in possession may apply to the Missouri Director of Revenue for a certificate of title if the towed vehicle is titled in Missouri. The application shall be accompanied by:
(1) 
The original or a conformed or photostatic copy of the Department's written report authorizing the tow;
(2) 
An affidavit of the lienholder in possession that he has been in possession of the towed vehicle for thirty (30) days and that the owner has failed to make arrangements for payment of towing and storage charges;
(3) 
A copy of the receipt indicating that the owner or lienholder of record has received the notice required by Subdivision (b) of this Subsection;
(4) 
An inspection certificate shall be completed by the Department on a form provided by the Missouri Department of Revenue. If the officer who authorized the tow is not available to inspect the vehicle and complete the certificate, the Department may designate another officer to inspect the vehicle and complete the form. The inspection shall be made at least thirty (30) days after the date of towing. The inspection certificate shall be dated to reflect the date of the inspection;
(5) 
Any fee as provided by State Statute.
7. 
If a certificate of ownership has not been previously issued in Missouri on the towed vehicle, the lienholder in possession of the vehicle shall obtain ownership verification from the State in which the vehicle was last registered or titled, if known. If the lienholder is unable to determine the last known State of issuance of certificate of ownership or registration, he shall request ownership verification through any available nationwide network of vehicle records and shall notify the last owner of record and lienholder. The lienholder, upon notification of the last owner and any lienholder of record, shall comply with Subsection (6) of this Section before a certificate of ownership is issued.
8. 
Towing operators, service stations, salvage dealers, or motor vehicle repair shops who tow or store vehicles according to this Section shall keep a record for three (3) years on each vehicle towed and not reclaimed by the owner of the vehicle. Such record shall contain a copy of the Department's authorization to tow, copies of all correspondence with the Missouri Department of Revenue concerning the vehicle, and information concerning the final disposition of the possession of the vehicle.
9. 
Personal property found within a vehicle, except items affixed to the vehicle, shall be considered and treated as lost property.
10. 
Any other provision of this Chapter notwithstanding, when the Department sells an abandoned vehicle in accordance with the terms of this Chapter, the Department may transfer ownership by means of a bill of sale signed by the County Registrar or his/her deputy and sealed with the official County Seal. Such bill of sale shall contain the make and model of the vehicle, the complete vehicle identification number and the odometer reading of the vehicle and shall be lawful proof of ownership for any dealer registered under the provisions of Section 301.218 or 301.251, Revised Statutes of Missouri, as amended, or for any other person. Any dealer or other person purchasing such a vehicle from the Department shall apply within thirty (30) days of purchase for a certificate of ownership as provided in Section 301.190, Revised Statutes of Missouri, as amended, or for a junking certificate as provided in Section 301.227, Revised Statutes of Missouri, as amended.
I. 
Redemption Of Impounded Vehicles. The owner of any vehicle seized under the provisions of this Vehicle Removal Code may redeem the vehicle at any time during the normal business hours after the vehicle removal, but prior to the sale or destruction of the vehicle upon proof of ownership and payment to the St. Charles County Chief of Police or his/her designee of such sum as may be determined and fixed by the Chief of Police or his/her designee for the actual and reasonable expense of removal, storage and advertising expenses, if any.
[Ord. No. 07-179 §§1—2, 12-27-2007]
A. 
Interference Prohibited. It shall be unlawful for any person to interfere with, hinder or refuse to allow the Director of Building and Code Enforcement or his/her designee or the St. Charles County Chief of Police or his/her designee to enter upon private property for the purpose of removing a motor vehicle or trailer in accordance with a duly authorized order issued under the Vehicle Removal Code of St. Charles County, Section 500.540, OSCCMo.
[Ord. No. 16-054 §11, 7-25-2016[1]]
[1]
Editor’s Note: Pursuant to Ord. No. 16-054, "Director of Neighborhood Preservation" changed to "Director of Building and Code Enforcement" in the title of this Section.
B. 
Penalty. Any person violating Subsection (A) above shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than one thousand dollars ($1,000.00) and/or one (1) year's imprisonment for a term not exceeding one (1) year. Each act in violation of Subsection (A) above shall be deemed a separate offense.