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.
|
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 and subject to punishment pursuant to the following provisions:
|
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.
|
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.
|
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.]
|
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.
|
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.
|
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.
|
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.
|
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.
|
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.
|
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.
|
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.
|
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.
|
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.
|
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.]
|
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.
|