[Ord. No. 09-0142 §1, 2-18-2009]
The Jefferson County, Missouri, Code Commission is hereby created
and established.
[Ord. No. 09-0142 §2, 2-18-2009]
A.
As
set forth in the Home Rule Charter of Jefferson County, Missouri,
the Code Commission is to be composed of at least seven (7) members
appointed and reappointed in the case of vacancies by the County Executive
with the advice and consent of the County Council. The members of
the Code Commission must be registered voters who have resided in
Jefferson County for at least one (1) year and must include:
1.
A general contractor, construction manager or officer, director or
manager of a general contractor or construction manager.
2.
A representative of the general public who is not a design professional
and who does not have experience as a general contractor, construction
manager or officer or manager of a general contractor or construction
manager, is not a supervisor, master craftsman, journeyman or apprentice
in a construction trade, is not employed in the construction industry
and is not a supplier or an officer, director, manager or employee
of a supplier to the construction industry.
3.
The other five (5) members of the Code Commission shall each be required
to demonstrate general knowledge of the codes and ordinances of Jefferson
County, Missouri, over which the Code Commission shall have jurisdiction.
[Ord. No. 09-0142 §3, 2-18-2009]
A.
The
terms of the members of the Code Commission shall be staggered as
follows:
1.
Two (2) of the original members are to be appointed to serve a one
(1) year term;
2.
Two (2) of the original members are to be appointed to serve a two
(2) year term; and
3.
Three (3) of the original members are appointed to serve a three
(3) year term.
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Members thereafter appointed upon the expiration of the terms
of the original members are to be appointed for terms of three (3)
years each.
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[Ord. No. 09-0142 §4, 2-18-2009]
The members of the Code Commission must adopt before September
1, 2009, by majority vote of all members, bylaws governing its activities
and proceedings.
[Ord. No. 09-0142 §§5 — 10, 2-18-2009]
A.
Before
January 15, 2011, the Code Commission is to consider and propose to
the County Council ordinances:
1.
Establishing the enforcement authority of the Division of Code Enforcement;
2.
Establishing procedures complying with Missouri law for hearings
in response to complaints of violations of building codes filed by
the Division of Code Enforcement with the Code Commission;
3.
Granting subpoena power to the Code Commission and/or the Division
of Code Enforcement in aid of those hearings and the enforcement of
building codes generally and providing for delegation of that power
to officers conducting evidentiary hearings;
4.
Providing for fines and revocation of licenses, after a hearing,
for one (1) or more substantial violations of the building codes;
5.
Providing for debarment, after a hearing, from performing work for
the County of contractors or subcontractors who substantially violate
one (1) or more of the building codes; and
6.
Covering any other matter pertaining to the adoption and scope of
building codes and the enforcement powers of the Code Commission and
the Division of Code Enforcement including, but not limited to, appeals
from their decisions.
B.
Whenever
the model code on which the building codes of the County are based
is revised, but in any event once every three (3) years and more often
if the Code Commission determines it to be necessary, the Code Commission
must review all building codes and related ordinances adopted by the
County Council and propose to the County Council for adoption by ordinance
any modification or repeal of those building codes and ordinances
that the Code Commission determines is necessary or appropriate.
C.
In
considering proposals to the County Council for adoption, modification
or repeal of building codes and related ordinances, the Code Commission
must make a finding based upon reasonably available information or
the public benefits to be derived and the costs of enforcement and
compliance, including increases in costs of construction.
D.
The
Code Commission shall have authority to hear and determine violations
of those codes which are investigated and enforced by the Jefferson
County Department of County Services and Code Enforcement. Upon the
filing of a complaint by the Jefferson County Department of County
Services and Code Enforcement or one (1) of the Divisions thereof,
the Code Commission shall conduct a full and adequate hearing for
the purpose of determining whether sufficient evidence exists to believe
that a violation has occurred. Prior to hearing any evidence of the
violation, the Code Commission shall determine that all notice provisions
of the respective ordinance, code or regulation have been met. Any
affected party may be represented by counsel and all parties shall
have an opportunity to be heard. Following the hearing, the Code Commission
may take such action as is authorized by the respective ordinance,
code or regulation.
E.
A decision
of the Code Commission with respect to a violation of a particular
ordinance, code or regulation of Jefferson County may be appealed
as set forth in the respective ordinance, code or regulation. A decision
of the Code Commission to refer the matter to the Prosecuting Attorney,
Municipal Prosecutor or County Counselor for further prosecution shall
not be deemed a final decision of the Code Commission and shall not
be appealable.
F.
The
Code Commission shall have such other duties and responsibilities
as delegated to it by the County Council by ordinance.
[Ord. No. 09-0142 §11, 2-18-2009]
All meetings of the Code Commission shall be open public meetings
and shall, at a minimum, meet with the provisions of the Missouri
Sunshine Law.
