[R.O. 2009 § 500.030; R.O. 2006 § 500.250; Ord. No. 2229 § 1, 3-15-1999; Ord. No. 2487 § 1, 7-15-2002]
A certain document, three (3) copies of which are on file in the office of the City Clerk, being marked and designated as "The International Property Maintenance Code," 2000 Edition, as published by the International Code Council in November, 1999, is hereby adopted as the Non-Residential Property Maintenance Code of the City, for the control of building and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Property Maintenance Code are hereby referred to, adopted and made a part hereof, as if fully set out in this Article, with the additions, insertions, deletions and changes, if any, prescribed in Section 500.050 of this Article. The Property Maintenance Code shall be applied to the following properties: commercial, industrial, and multi-family dwellings.
[R.O. 2009 § 500.050; R.O. 2006 § 500.260; Ord. No. 2229 § 2, 3-15-1999; Ord. No. 2487 § 1, 7-15-2002]
A. 
The Code adopted by this Article is hereby amended by substituting the following Sections or portions of Sections for those Sections or portions of Sections with corresponding numbers of the International Property Maintenance Code, 2000 Edition, or where there is no corresponding Section in the Code, the following Sections shall be enacted as additions to the Code.
1. 
Section 101.1. Insert: "The City of Fenton."
2. 
Section 101.2. Change this Section to read as follows:
This code is to protect the public health, safety and welfare in all existing nonresidential structures and on all existing non-residential premises by establishing 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; fixing the responsibility of owners, operators and occupants; regulating the occupancy of existing structures and premises; and providing for administration, enforcement and penalties.
3. 
Section 102.3. Change by deleting the reference to the International Building Code and insert "BOCA National Building Code, 1999 Edition."
4. 
Section 103. Delete Title "Department of Inspection." Add new title "Department of Community Development."
5. 
Section 103.1. Change to read as follows: "The administration and enforcement of this Code shall be the duty of the Code Official of the City of Fenton. In all cases where the term "Department of Property Maintenance Inspection" is used in this code, it shall be changed to read "Community Development Department."
6. 
Section 106.1. Change to read as follows:
It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, use or occupy, let to another for use or occupy or permit another person to use or occupy any structure, premises or equipment regulated by this code, or cause the same to be done, contrary to or in conflict with or in violation of any provisions of this code, or to fail to obey a lawful order of the Code Official, or to remove or deface a placard or notice posted under the provisions of this code.
7. 
Section 106.4. Change by inserting the following sentence at the end of the Section:
Any person, firm or corporation found to be in violation of a provision of this code shall be guilty of an ordinance violation and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000.00), ninety (90) days in jail, or both.
8. 
Add 107.6 As Follows: If the owner, occupant, mortgagee, or lessee fails to comply with the order within thirty (30) days, the Building Commissioner shall cause such building or structure to be repaired, vacated or demolished and the property cleaned up as the facts may warrant; and the Building Commissioner shall certify the cost of the work borne by the City of Fenton for such repair, vacation or demolition or cleaned up to the City Clerk as a special assessment represented by a special tax bill against the real property affected; said tax bill shall be a lien upon such property and shall be deemed a personal debt against the property owner(s) unless the building or structure is demolished, secured or repaired by a contractor pursuant to an order issued by the City of Fenton and such contractor files a mechanic's lien against the property where violation(s) occur. The contractor may enforce this lien as provided in Sections 429.010 to 429.360, RSMo. Except as provided in Section 107.7 of this Section, at the request of the taxpayer this special tax bill may be paid in installments over a period of not more than ten (10) years; said assessment shall bear interest at the rate of eight percent (8%) per annum until paid.
9. 
Add 107.7 As Follows: As to damage or loss to a building or other structure by or arising out of any fire, explosion or other casualty loss, if an order is issued by the Code Official as provided in Section 107.6 and a special tax bill or assessment is issued against the property, it shall be deemed a personal debt against the property. If there are proceeds of any insurance policy based upon a covered claim, payment made for damage or loss to a building or other structure caused by or arising out of any fire, explosion or other casualty loss, the following procedure is establisher for the payment of up to twenty-five percent (25%) of the insurance proceeds, as set forth in Subdivisions (a) and (b) of the Section. This Subsection shall apply only to a covered claim payment that is in excess of fifty percent (50%) of the face value of the policy covering a building or other structure:
a. 
The insurer shall withhold from the covered claim, payment up to twenty-five percent (25%) of the covered claim payment and shall pay such monies to the City of Fenton to deposit into an interest-bearing account. Any named mortgagee on the insurance policy shall maintain priority over any obligation under this Chapter.
b. 
The City of Fenton shall release the proceeds and any interest that has accrued on such proceeds received under Subdivision (a) of this Subsection to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after the receipt of such insurance monies, unless the City of Fenton has instituted legal proceedings of 107.6 of this Section. If the City of Fenton has proceeded under the provisions of 107.6 of this Section, all monies in excess of that necessary to comply with the provisions of 107.6 of this Section for removal, securing, repair and clean up of the building or structure and the lot on which it is located, less salvage value, shall be paid to the insured.
10. 
Add 107.8 As Follows: If there are no proceeds of any insurance policy as set forth in 107.7 of this Section, 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 the date of its issuance shall be a lien on the property and a personal debt against the owner(s) until paid.
11. 
Add 107.9 As Follows: Section 107.7 of this Section shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.
12. 
Add 107.10 As Follows: Section 107.7 of this Section does not make the City of Fenton a party to any insurance contract and the insurer is not liable to any party for any amount in excess of the proceeds otherwise payable under its insurance policy.
13. 
Add 107.11 As Follows: The Building Commissioner may certify in lieu of payment of all or part of the covered claim under Section 107.7 that it has obtained satisfactory proof that the insured has removed or will remove the debris and repair, rebuild or otherwise make the premises safe and secure. In this event, the Building Commissioner shall issue a certificate within thirty (30) days after the receipt of proof to permit covered claim payment to the insured without the deduction pursuant to Section 107 of this Section. It shall be the obligation of the insured or other person(s) making a claim to provide the insurance company with the written certificate provided from this Section.
14. 
Section 110.0 Through 110.4. Delete in their entirety.
15. 
Section 111.1. Change by deleting the words "within twenty (20) days" and inserting the words "within ten (10) days."
16. 
Section 111.2 Through 111.8. Delete in their entirety.
17. 
Insert a new Section 111.2. which reads as follows:
Section 111.2. Board of Appeal. For the purposes of this code, the Board of Appeals shall be the Board of Administrative Review as described in the City of Fenton Building Code.
18. 
Insert a new Section 112.0. OCCUPANCY PERMITS.
19. 
Insert a new Section 112.1. Occupancy Permit Required. It shall be unlawful for any person, owner or agent thereof to occupy or use or to permit the occupancy or use of any premises for any purpose, including the movement of furniture, equipment or other personal property into said premises, until a permit to occupy has been issued by the Code Official. The permit so issued shall state that the occupancy complies with all the provisions of this code as far as can be determined by a visual inspection of the premises.
20. 
Insert a new Section 112.3. Application Other Than Single-Family Occupancy. It shall be unlawful for any person to knowingly make any false statement on an application for an occupancy permit for a non-residential unit as to the name of the person, firm, company or institution which will occupy the premises, the type of use, the type or quantity of materials that will be stored on the premises or the floor area of the portion of the premises that will be occupied.
21. 
Insert a new Section 112.4. Action on an Application. The Code Official shall examine or cause to be examined all applications for permits within a reasonable time after filing. No action shall be taken to issue a permit until there is an inspection of the premises and a property maintenance inspection report less than one hundred twenty (120) days old on file with the City.
22. 
Insert a new Section 112.4.1 Issuance of Permit. If all fees are paid and the Code Official is satisfied that the premises and its occupancy are in compliance with this code and all laws and ordinances applicable thereto, the Code Official shall issue the occupancy permit as soon as practicable. No permit shall be issued under the provisions of this code for premises which have been newly constructed, newly altered, or on which a change in use is proposed unless a certificate of use and occupancy has first been issued under the provisions of the Building Code.
23. 
Insert a new Section 112.4.2 Temporary Conditional Occupancy Permit. Occupancy may be permitted on a temporary conditional basis when in the judgment of the Code Official practical difficulties interfere with completing all repairs required to bring the premises into full compliance with this code prior to permitting occupancy, there are no conditions on the premises which threaten the health or safety of an occupant or the general public and the Code Official is satisfied that the premises will be brought into compliance with the requirements of this code within a ninety (90) day period. No temporary conditional permit shall be issued when there is a condition on the premises which can threaten the health or safety of an occupant and until an escrow has been established with an approved financial institution which guarantees that the premises will be brought into full compliance within ninety (90) days. For exterior items only, a letter agreeing to bring the exterior of the premises into full compliance within ninety (90) days may be accepted in lieu of such escrow. Temporary conditional occupancy permits may be extended for one (1) additional ninety (90) day period when, in the opinion of the Code Official, practical difficulties prevent complete compliance within the first (1st) ninety (90) day period. The escrow amount shall be established by the Code Official in an amount up to the amount necessary to complete the work by a licensed contractor at prevailing prices, but in no case less than two hundred fifty dollars ($250.00). No temporary conditional permit shall be issued under the provisions of this code for premises which have been newly constructed, newly altered or on which a change of use is proposed unless a certificate of use and occupancy has first been issued under the provisions of the Building Code.
24. 
Insert a new Section 112.4.3 Rejection of Application. If the application does not comply with the requirements of all pertinent laws, the Code Official shall reject such application.
25. 
Insert a new Section 112.5 Suspension of Permit. Any permit issued shall become invalid if the occupancy is not commenced within six (6) months after issuance of the permit or if the occupancy is terminated.
26. 
Insert a new Section 112.6 Revocation of Permit. The Code Official may revoke a permit in case of any false statement or misrepresentation of facts in the application on which a permit was based, or in the event a structure or part thereof is condemned pursuant to this code.
27. 
Modify Section 302.2 Grading and Drainage by adding the following sentence: Stagnant water shall be defined as any water accumulation in an improperly drained pool, pond, ground depression, collector, container which is not dispersed within five (5) days.
28. 
Insert a new Section 302.2.1 Watercourse. A natural or established watercourse shall not be disturbed in any manner which reduces the capacity of the watercourse or diverts the water, unless as a part of an approved development or grading permit or authorization of the Metropolitan Sewer District.
29. 
Insert a new Section 302.2.2 Sedimentation. All premises and exterior property shall be graded and maintained to prevent sediment on adjacent property, public property or in a watercourse.
30. 
Insert a new Section 302.4 Weeds. All premises and exterior property shall be maintained in accordance with Section 215.090 of the Code.
31. 
Insert a new Section 302.8 Motor Vehicles. Delete in its entirety.
32. 
Insert a new Section 303.7.1 Roof Clearances. Roofs shall be clear of tree limbs and branches or other overhanging vegetation.
33. 
Insert a new Section 303.14 Insect Screens. Insert dates from April fifteenth (15th) to November fifteenth (15th).
34. 
Insert a new Section 401.3 Alternative Devices. In lieu of the means for natural light and ventilation herein prescribed, skylights, artificial light or mechanical ventilation complying with the City of Fenton Building Code shall be permitted.
35. 
Insert a new Section 507.1.1 Stormwater. Stormwater or sump pump water shall not be directed through a pipe, culvert or drain which discharges within ten (10) feet of an abutting property line.
Exceptions:
a. 
Roof or foundation drains which discharge within two (2) feet of the building foundation; or
b. 
Discharge into an open natural creek or swale on the same property; or
c. 
Discharge which is parallel to abutting property line and at least five (5) feet from said line.
36. 
Insert a new Section 508.2 Stormwater Systems. All stormwater systems on the premises or exterior of the property shall be maintained in working condition free from damage or restriction of flow. All entries to stormwater drainage systems shall be maintained clear and free of any restrictions to water flow.
37. 
Insert a new Section 508.3 Stormwater Discharge. Stormwater shall not be directed to a sanitary sewer system.
38. 
Sections 602.2 Through 602.3. Delete in their entirety.
39. 
Section 602.4. Insert October first (1st) and May fifteenth (15th).
40. 
Insert a new Section 604.3.1 Prohibited Installations. Hazards shall include, but not be limited to:
a. 
Flush or semi-flush mounted floor receptacle outlets, unless provided with an approved listed cover.
b. 
Extension cords for other than short-term, temporary use.
c. 
Lamp cord used as permanent wiring.
d. 
Conductor supported pendant switches or conductor supported pendant lighting fixtures.
e. 
Loose or hanging wires.
f. 
Frayed or bare wires.
g. 
Grounded-type receptacles which are improperly or inadequately grounded.
41. 
Section 605.2. Change by adding the following sentence to the end of the Section:
All receptacles within six (6) feet of any water source shall be ground fault circuit interrupter protected.
[R.O. 2009 § 500.060; R.O. 2006 § 500.270; Ord. No. 2229 § 3, 3-15-1999; Ord. No. 2487 § 1, 7-15-2002]
Nothing in this Article or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited in Section 500.040 of this Article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Article.
[1]
Editor's Note: R.O. 2009 § 500.070, Penalty, R.O. 2006 § 500.275, as amended 7-15-2002 by Ord. No. 2487, was deleted at time of recodification. See now Article V, Penalty.
[R.O. 2009 § 500.080; R.O. 2006 § 500.280; Ord. No. 2229 § 4, 3-15-1999; Ord. No. 2487 § 1, 7-15-2002]
The City Clerk shall certify to the adoption of this Article and cause the same to be published as required by law; and this Article shall take full force and effect upon the date of final passage and approval.