Editor's Note — Ord. no. 08-31, adopted June 4, 2008, repealed ch. 510 and enacted new provisions set out herein. Former ch. 510 derived from ord. no. 93-80 §1, 9-15-1993; ord. no. 95-09 §1, 3-1-1995; ord. no. 97-31 §1, 5-7-1997; ord. no. 04-50 §7, 10-6-2004; ord. no. 05-36 §§1 — 2, 8-3-2005; ord. no. 06-35 §1, 7-5-2006.
[Ord. No. 08-31, 6-4-2008]
Title. These regulations shall be known as the Existing Residential Structures Code of the City of Bridgeton, hereinafter referred to as the "Existing Residential Structures Code" or "this Chapter". The Existing Residential Structures Code is to protect the public health, safety and welfare of all existing residential structures.
These general objectives include, among others, the following specific purposes:
To protect the character and stability of residential areas within the City;
To provide minimum standards for the maintenance of existing residential buildings and residential grounds and to thus prohibit the spread of slums and blight;
To provide minimum space requirements for residential buildings as defined in this Chapter;
To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social well-being of persons occupying dwellings;
To provide minimum standards for cooking, heating and sanitary equipment necessary to health and safety;
To provide minimum standards for light and ventilation, necessary to health and safety;
To prevent the overcrowding of dwellings by providing minimum space standards per occupant for each dwelling unit; and
To preserve the value of land and buildings throughout the City.
Intent. The Existing Residential Structures Code shall be construed liberally and justly to ensure public health, safety and welfare insofar as they are affected by the continued use and maintenance of structures and premises.
[Ord. No. 08-31, 6-4-2008]
Interchangeability. Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular.
Terms Defined in Other Codes. Where terms are not defined in this Chapter and are defined in the Building Code and/or Zoning Ordinance listed in this Chapter, they shall have the same meanings ascribed to them as in said Building Code.
Terms Not Defined. Where terms are not defined through the methods authorized by this Section, they shall have their ordinarily accepted meanings such as the context shall apply.
Parts. Whenever the words "dwelling unit", "multiple-family dwelling", "premises" or "residential building" are used in this Chapter, they shall be construed as though they were followed by the words "or any part thereof".
Differences in Definitions. Where differences occur between provisions of this Chapter and other referenced codes or standards, the provisions of this Chapter shall apply within this Chapter.
Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings indicated in this Section:
- ACCESSORY STRUCTURE
- A detached structure subordinate to the main or principal structure and located on the same lot, the use of which is customary to the main building; or fences, swimming pools and retaining walls.
- A multiple-family dwelling or development containing three (3) or more rental units under one (1) ownership.
- Approved by the Building Official.
- That portion of a building which is partly or completely below grade.
- BUILDING CODE
- The Building Code officially adopted by the Bridgeton City Council or other such codes officially designated by the Council for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures, including the Property Maintenance Code.
- BUILDING OFFICIAL
- The Director of Public Works of the City of Bridgeton or such other person designated by the Director of Public Works.
- CERTIFICATE OF EXTERIOR APPEARANCE COMPLIANCE
- Shall be as defined in Section 510.030. It may also be referenced to in this Chapter as "certificate".
- CITY CODE
- The Municipal Code of Ordinances of the City of Bridgeton, Missouri.
- Condominium shall have the meaning ascribed to "condominium" under the Missouri Uniform Condominium Act, which is real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
- A building or portion thereof designed or used exclusively for residential occupancy including single-family dwelling units, two-family dwelling units, multiple-family dwelling units, house trailers, mobile homes and residential apartment buildings but not including hotels, boarding or lodging houses.
- DWELLING, MULTIPLE-FAMILY
- A building or portion thereof designed or altered for occupancy by three (3) or more families living independently of each other.
- DWELLING, SINGLE-FAMILY
- A building designed exclusively for use and occupancy by one (1) family and entirely separated from other dwellings by space.
- DWELLING, TWO-FAMILY
- A building designed or altered to provide dwelling units for occupancy by two (2) families living independently of each other.
- DWELLING UNIT
- One (1) or more rooms in a dwelling, residential building or apartment designed for occupancy by one (1) family or other group of persons not exceeding five (5) living together as a household or by a person living alone.
- EXTERIOR PROPERTY AREAS
- The open space on the premises and on adjoining property under the control of owners or operators of such premises.
- An individual or two (2) or more persons related by blood or marriage or adoption or a group of not more than three (3) persons who need not be related by blood or marriage or adoption living together and subsisting in common as a single non-profit housekeeping unit utilizing only one (1) kitchen.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- 1. Total space in the principal building less non-habitable attic, basement and garage areas computed from exterior dimensions.
- 2. If additional habitable space has been added for living, eating or sleeping purposes, the owner shall provide documentation or allow the City access to the property to verify that such additional space is in compliance with the Building Code.
- HABITABLE ROOM
- A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements (those without floor covering, ceiling covering, wall finish, required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than fifty (50) square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces and workshops, hobby and recreation areas in parts of the structure below ground level or in attics.
- A member of the City staff or a person contracted by the City who performs the function of inspections of dwellings for compliance with the provisions of this Chapter. The inspector(s) of the City includes code enforcement, fire, police or any other person conducting such inspections as authorized by the Director of Public Works.
- A space that contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment and adequate space for the storage of cooking utensils.
- A person or organization that owns real property and rents or leases it to another, called a "tenant".
- Acts of repair and other acts to prevent a decline in the condition of grounds, structures and equipment; such that the condition does not fall below the standards established by this Chapter and other applicable Statutes, codes and ordinances.
- Any person living and/or sleeping in a dwelling unit or having possession of a space within a building.
- Any person who has charge, care or control of a dwelling which is used, let or offered for occupancy.
- Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the State, County or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
- An individual, firm, partnership, association, limited liability corporation, limited liability company, corporation or joint venture or organization of any kind.
- All the following supplied facilities and equipment in a dwelling: gas pipes, gas-burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closet, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, stacks, vents and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines.
- A lot, plot or parcel of land including the buildings or structures thereon.
- PROPERTY MAINTENANCE CODE
- The following portions of the 2003 International Property Maintenance Code, as modified below, are hereby adopted as the "Property Maintenance Code" of the City of Bridgeton, Missouri, and incorporated herein by reference:
- The following provisions of Chapter 3: Sections 305 (except that the following language in Section 305.1 shall be deleted: "rooming house, housekeeping units, a hotel, a dormitory, two (2) or more dwelling units or two (2) or more non-residential occupancies" and replaced with "a rental unit"), 306, 307 (except for the following portion of Section 307.3.1 shall be deleted: "an approved incinerator unit in the structure available to the occupants in each dwelling unit") and 308.
- Chapter 4 (except Sections 403.3 and 404.6). Note, however, that in Section 402.2, the following language shall be deleted: "residential occupancies" and replaced with "or serving a rental unit"; and the following language shall be deleted: "In other than residential occupancies" and replaced with "For all rental units". Also, in Sections 402.1, 403.1, 403.2, 404.2, 404.3 and 404.4.2, the phrase "habitable space" shall be deleted and replaced with "habitable room". In Section 404.1, the phrase "Dwelling units, hotel units, housekeeping units, rooming houses and dormitory units" shall be deleted and replaced with "Rental units". In Section 404.4.4, the word "spaces" shall be replaced with "rooms".
- Chapter 5 (except for Sections 502.2 — 502.4, 503.3 and 503.4). In Section 503.2, the phrase "hotel units, rooming units or dormitory units or housekeeping units" shall be replaced with "rental units". In Section 504.3, the term "Code Official" shall be replaced with the term "Building Official". In Section 505.1, the reference to "International Plumbing Code" shall be deleted and replaced with "The 2003 Uniform Plumbing Code, as adopted in the City of Bridgeton".
- Chapter 6 (except for Section 602.4). In Sections 602.2 and 602.3, the reference to "International Plumbing Code" shall be deleted and replaced with "The 2003 Uniform Plumbing Code, as adopted in the City of Bridgeton". In Section 601.2, the phrase "occupy as owner-occupant or" shall be deleted. In Section 602.3, the phrase "rooming unit, dormitory or guest room" shall be deleted. In Section 604.1, the phrase "occupied building" shall be deleted and replaced with "rental unit". In Section 604.2, the reference to "ICC Electrical Code" shall be deleted and replaced with "The 2005 National Electrical Code, as adopted in the City of Bridgeton". In Section 604.3, the phrase "Code Official" shall be deleted and replaced with "Building Official". In Section 605.2, the phrase "habitable space" shall be deleted and replaced with "habitable room".
- Chapter 7, except in Section 701.2, the phrase "occupy as owner-occupant or" shall be deleted.
- PUBLIC NUISANCE
- Includes, but is not limited to, the following:
- 1. The physical condition or use of any premises regarded as a public nuisance at common law; or
- 2. Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children including, but not limited to, pools, trampolines, abandoned wells, shafts, basements, excavations and unsafe fences or structures; or
- 3. Any premises which has unsanitary sewerage or plumbing facilities visible from the exterior; or
- 4. Any premises designated as unsafe for human habitation or use; or
- 5. Any premises which is manifestly capable of being a fire hazard or are manifestly unsafe or insecure as to endanger life, limb or property.
- All putrescible and non-putrescible waste solids including garbage and rubbish.
- RENT, RENTED, RENTS, RENTING
- Includes to lease, to sublease, to license, to let and to grant for consideration the right to occupy premises not owned by occupant.
- RENTAL OCCUPANCY PERMIT
- The permit issued pursuant to this Chapter allowing a rental unit to be rented for human habitation.
- RENTAL UNIT
- A dwelling or dwelling unit let or intended to be let for rent or lease.
- To put into a sound and acceptable state of operation, serviceability or appearance.
- RESIDENTIAL BUILDING
- A residential structure designed for occupancy by one (1) or more families.
- RODENT HARBORAGE
- Any place where rodents can live, nest or seek shelter.
- Non-putrescible solid wastes consisting of both combustible and non- combustible wastes such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick plaster, bedding, crockery and similar materials.
- The condition of being reasonably free from danger and hazards that may cause accidents or disease.
- That which is built or constructed including, without limitation because of enumeration, buildings for any occupancy or use whatsoever, fences, signs, billboards, fire escapes, chute escapes, railings, water tanks, towers, open grade steps, sidewalks or stairways, tents or anything erected and framed of component parts which is fastened, anchored or rests on a permanent foundation or on the ground.
- SUBSTANDARD DWELLING
- Any dwelling that does not conform to the minimum standards established by the City Code.
- Paid for, furnished by, provided by or under the control of the owner, operator or agent of a dwelling.
- An open space on the same lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in the City Code and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulation for the district in which the lot is located.
- YARD, FRONT
- A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building.
- YARD, REAR
- A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.
- YARD, SIDE
- That part of the yard lying between the nearest line of the principal building and a side lot line and extending from the front yard to the rear yard.
- ZONING ORDINANCE
- The Zoning Ordinance of the City of Bridgeton, Missouri.
[Ord. No. 08-31, 6-4-2008]
On change of ownership, it shall be unlawful for any person, firm or corporation to hereafter occupy or for any owner or agent thereof to permit the occupation of any dwelling or residential building or addition thereto or any part thereof for any purpose until a certificate of exterior appearance compliance has been issued by the Department of Public Works. It shall be the responsibility of the current owner of the property to apply for and obtain a certificate of exterior appearance compliance prior to change of ownership. The Building Official shall issue a certificate only if the structure and the occupancy comply with the requirements of this Section 510.030.
Additionally, each dwelling shall be subject to exterior inspection at the following times:
Once every two (2) years on apartments or once every four (4) years on condominiums.
Where there is exterior deterioration of a residential building, garage, accessory structure or other structure.
Whenever the structure or ground has been declared a public nuisance.
Whenever a complaint is filed against a property.
Fee for Certificate. Upon application for a certificate, the applicant shall pay a fee to the Building Official in the amount of forty dollars ($40.00) which shall compensate the City for the cost of the initial inspection and one (1) reinspection. Each additional reinspection shall be twenty-eight dollars ($28.00).
Standards for Issuance and Maintenance of a Certificate.
General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the health, safety or general welfare of the public and/or the occupants and so as to protect the occupants from the adverse effects of the environment.
Approved materials and equipment. All materials, equipment and devices approved for use by the Building Official shall be constructed and installed in accordance with such approval.
Street numbers. Each structure to which a street number has been assigned shall have the number so assigned displayed in a position easily observed and readable from the adjacent street. All numbers shall be at least three (3) inches (76 mm) high and one-half (½) inch (13 mm) wide.
Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks so as not to be detrimental to public health, safety or general welfare.
Exterior walls. Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers and any other conditions which might admit rain or dampness to the interior portions of the walls or to the occupied spaces of the building. All exterior surface materials, including wood, composition or metal siding, shall be maintained weatherproof and shall be properly surface coated when required to prevent deterioration. Masonry walls shall be free of cracks, chipping or missing material. Mortar joints to be maintained and tuck pointed as needed to prevent deterioration.
Gutter. Every residential building, garage, structure and accessory structure in excess of one hundred fifty (150) square feet shall be guttered where appropriate and with ample down spouts properly positioned and in good repair. Roof water shall not be channeled directly onto adjacent property. If required guttering is missing from a structure, it shall be replaced on change of occupancy or ownership.
Roof. All roofs shall be sufficiently waterproof, weatherproof and fitted to exclude the entrance of rain, rodents, birds and other impediments to the maintenance of interior health and safety. All roofs shall be kept in good repair and free from curling, missing or deteriorating surface materials.
Chimneys and towers. All chimneys and similar appurtenances shall be maintained structurally safe, sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials such as paint or similar surface treatment.
Stairs and porches. Every stair, porch, fire escape, balcony and all appurtenances attached thereto shall be so constructed as to be safe to use and shall be maintained in sound condition and good repair. Every flight of stairs which is more than four (4) risers high shall have a graspable handrail on at least one (1) side of the stair and every open portion of stair, fire escape, porch, landing or balcony which is more than thirty (30) inches (762 mm) above the grade below shall have guardrails. Handrails shall be not less than thirty (30) inches (762 mm) nor more than thirty-four (34) inches (864 mm) high, measured vertically above the nosing of the treads. Guardrails shall not be less than thirty-six (36) inches (762 mm) high above the floor of the porch, landing or balcony. Every handrail and guardrail shall be firmly fastened and capable of bearing normally imposed loads and shall be maintained in good condition.
Windows, doors and other openings. All openings in exterior walls of residential buildings, garages, accessory structures or other structures shall be properly fitted with windows, doors or other such fixtures for which the opening was intended. Said windows, doors or other such fixtures shall be made of materials authorized by the ordinances of the City of Bridgeton, compatible with the residential building, garage, accessory structure or other structure in which they are installed and they shall be maintained weatherproof and shall be properly surface coated when required to prevent deterioration. Every window and exterior door shall be substantially tight and shall be kept in sound condition and repair. Every window sash and door shall fit reasonably tight within its frame and shall be properly hinged. Every window shall be fully supplied with panes of glass or a rigid translucent substitute, free of cracks or holes. Screens, if installed, shall be kept in good repair. Every exterior door and its hardware shall be maintained in good condition. Door locks on all doors entering residential buildings shall be in good repair and capable of tightly securing the door.
Pavement. Concrete, asphalt and gravel driveways, sidewalks, patio and porches shall be maintained in good repair.
Landscaping. All yard areas shall be covered by lawn, vegetation or landscaped in such a way as to prevent erosion of soil, dust or the blowing or scattering of dirt particles into the area or shall be treated to prevent same. All trees, bushes or vegetation which overhang a public thoroughfare in such a way as to hinder the movement, obstruct the view or otherwise create a hazard for vehicles and pedestrians shall be trimmed or removed. Hazardous dead trees and shrubs shall be promptly removed.
Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
Public areas. All sidewalks, steps, common halls, driveways, parking spaces and similar paved areas which are privately maintained shall be kept in a proper state of repair and shall be maintained free of hazardous conditions. If any sidewalk or driveway or portion thereof by virtue of its state of repair shall constitute a danger to public health, safety or general welfare, the sidewalk or driveway or portion thereof shall be replaced.
Accessory structures. All accessory structures, including detached garages, fences and retaining walls, shall be maintained structurally sound and in compliance with this Chapter.
Cleanliness. Every owner of a structure shall keep that structure or premises in a clean and sanitary condition. Every owner of a dwelling containing two (2) or more dwelling units shall maintain, in a clean and sanitary condition, the shared or public areas of the dwelling and premises thereof
Minimum living space regulations. Every residential building as defined in this Chapter shall contain a minimum gross floor area of not less than six hundred (600) square feet for the first four (4) occupants thereof and two hundred (200) square feet for each additional occupant of the dwelling. The requirement shall be based on the measurement of the exterior perimeter.
Conditional Certificate. Occupancy shall be permitted on a conditional basis when, in the judgment of the Building Official, practical difficulties interfere with completion of all repairs required to bring the premises into full compliance with this Section 510.030 prior to permitting occupancy. However, no conditional certificate shall be issued where there is a condition on the premises which can threaten the interest of health, safety or general welfare of the general public or an occupant. No conditional certificate shall be issued under the provisions of this Chapter for premises which have been newly constructed, newly altered or on which a change of use is proposed unless a certificate of occupancy has first been issued under the provisions of Section 410.060(D) and is currently valid.
[Ord. No. 08-31, 6-4-2008]
Requirements. On change of occupancy (except as provided elsewhere in this Chapter), it shall be unlawful for any person to rent or cause to be rented, either as owner, lessee, agent or manager within the City, any rental unit used for human habitation without having first obtained a rental occupancy permit to do so as provided in this Chapter. This rental occupancy permit requirement shall not apply to hospitals, nursing homes or other rental units used for human habitation that offer or provide medical or nursing services or hotels, motels and dormitories if such units are subject to other City, State or Federal licensing or regulations concerning the safety of the users, patients or tenants.
When a rental occupancy permit expires or has been denied, suspended or revoked, no further rental or occupancy of the rental unit for which the rental occupancy permit was required shall be permitted until a rental occupancy permit has been issued. The rental units within a residential building that are in compliance with the requirements of this Chapter may continue to be occupied despite the presence of other rental units in other portions of the residential building that do not comply with this Chapter, so long as the non-complying rental units do not create a hazard to the health, safety or general welfare of the public or of the persons in the complying occupied rental units.
Rental occupancy permits shall remain valid until the rental unit is vacated, the occupancy of the rental unit changes or the rental occupancy permit otherwise expires, is suspended or revoked.
No rental occupancy permit shall be required until June 1, 2009.
Application for Rental Occupancy Permit. Prior to a change in occupancy of any rental unit, the owner of said rental unit shall make written application to the Building Official for a rental occupancy permit on a form to be supplied by the City and containing such information as the City deems necessary to administer and enforce the provisions of, and to ensure compliance with, the provisions of this Chapter. The applicant shall provide the names and ages of all proposed occupants of the dwelling.
Within a reasonable time after the Building Official receives a complete application for a rental occupancy permit (together with all required accompanying materials and fees), the Building Official or his designee shall inspect the rental unit for which application has been made in order to determine whether the rental unit is in compliance with the provisions of this Section. Notwithstanding anything to the contrary contained herein, if the rental unit has been inspected for a rental occupancy permit by the City within the preceding two (2) years and if said rental unit passed said inspection, no new inspection shall be required in order to obtain a rental occupancy permit, unless the Building Official otherwise finds it necessary to conduct an inspection.
Upon completion of the inspection of the rental unit and/or building or buildings (if required), if the inspector finds the requirements of this Section 510.040 have been met, a rental occupancy permit shall be issued. If the inspector finds that the requirements of this Section 510.040 have not been met, a written denial specifying the defects shall be transmitted to the applicant. If no inspection is required pursuant to the terms above, the Building Official shall issue a rental occupancy permit upon a determination that the City is in receipt of a complete application for a rental occupancy permit for the rental unit.
Fees for Rental Occupancy Permit. If no inspection is required, no fee shall be charged for a rental occupancy permit. The fees referenced in this Section shall be paid by the applicant at the time of application for the rental occupancy permit if an inspection is required pursuant to this Section and shall also include one (1) reinspection.
Standards. In order to obtain a rental occupancy permit, the Building Official must determine that the rental unit for which the rental occupancy permit is sought complies with the following standards:
Zoning. The rental unit and building and premises in and on which it is located are in compliance with the Zoning Ordinance.
Building Code. The rental unit and the common areas of the building and premises in and on which it is located are in compliance with the Building Code and the Existing Residential Structures Code.
Cleanliness. The rental unit and the common areas of the building and premises in and on which it is located are clean, sanitary, fit for human occupancy and comply with all applicable legal requirements of the State and the City.
Illumination. Each multiple-family dwelling or rental unit shall have effective illumination near the exterior entrances of the rental unit.
Kitchen. The rental unit must have a space in which food may be prepared and cooked that shall have an adequate circulation area and shall be equipped with all of the following:
A kitchen sink in good working condition, connected to an approved water supply including hot and cold water and also connected to an approved sewer system.
Cabinets or shelves for the storage of eating, drinking and cooking equipment and utensils.
Adequate space and hookups shall be provided for a stove or similar device for cooking food and a refrigerator or similar device.
Access. Access to or egress from each rental unit shall be provided without passing through any other dwelling unit. Every dwelling unit in a one- or two-story building shall have at least one (1) means of egress leading to a safe and open space at ground level. Every dwelling unit in a three-story or taller building shall have immediate access to two (2) or more means of egress leading to a safe and open space at ground level.
Locks. All exterior doors of the rental unit shall be equipped with an approved functioning locking device.
Electricity. Every rental unit and all public and common areas shall be supplied with electric service, over-current protection devices, electric outlets and properly installed electric fixtures which shall be maintained in safe working condition and shall be energized by an approved source of electric power and in compliance with the applicable ordinances of the City and State. The minimum capacity of said electric service and the minimum number of electric outlets and fixtures shall be as follows:
Buildings containing one (1) or more rental units shall have at least sixty (60) amp service or feeder per dwelling unit. Main service to multiple-family dwellings shall have sufficient capacity to carry the load as computed in accordance with the City Code.
Internal wiring and outlets in dwellings shall conform to the following:
Every dwelling should have adequate duplex outlets.
At least one (1) duplex receptacle on a separate twenty (20) amp appliance circuit in the kitchen. If there is a kitchen counter, such receptacle shall be accessible to the counter.
At least one (1) duplex receptacle on a separate twenty (20) amp circuit for laundry. Multiple-family dwellings may have a common laundry area with duplex receptacles on separate twenty (20) amp circuits that are not overloaded.
Every habitable room with one hundred twenty (120) square feet of habitable floor space or less shall be provided with two (2) separate wall-type electric convenience outlets and an additional outlet for each eighty (80) square feet or fraction thereof of habitable floor space. Required outlets shall, insofar as possible, be spaced equal distances apart. One (1) ceiling type or wall type light fixture controlled by a remote switch may be supplied in lieu of one (1) required electric convenience outlet in each habitable room. Every public hall, water closet compartment, bathroom, laundry room and furnace room shall contain at least one (1) supplied electric light fixture controlled by at least one (1) switch. The bathroom in all new construction whether a completely new rental unit or the renovation of an existing structure shall have at least one (1) ground fault interrupter receptacle. This receptacle may be in a wall light if readily accessible.
Surfaces. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Paints or materials that remain toxic after being applied and after drying or hardening shall not be used. Every toilet room and bathroom floor surface shall be capable of being easily maintained in a clean and sanitary manner.
Structural capacity. Every foundation, roof, floor, exterior wall, interior wall, ceiling, inside and outside stairways, every porch, balcony and every attachment thereto shall be safe to use and capable of supporting loads that may be anticipated to be placed on them in normal use.
Functioning equipment. Every supplied facility and every piece of equipment or utility and every chimney and flue shall be installed and shall be maintained so that it works effectively and safely.
[Ord. No. 19-18, 9-18-2019]
No person shall park, place or suffer the placement of any storage trailer, portable on-demand storage ("PODS") unit, trash or construction debris "roll-off" container or dumpster (including soft-sided dumpster or "bagster"), or similar device (collectively, "Storage and Disposal Devices"), in or upon any street, highway, roadway, designated fire lane, alleyway or sidewalk in the City of Bridgeton. Storage and Disposal Devices shall not, under any circumstances, be placed or unloaded on any street within the City of Bridgeton.
No person shall park, place or suffer the placement of any Storage and Disposal Device upon any lot or property in the City of Bridgeton other than on a durably paved surface constructed with concrete or asphalt. Such Storage and Disposal Devices shall also be so situated on the property so as to minimize the potential for interference with sight lines for motorists on adjoining streets and nearby driveways and, if possible, to the rear of the front building line of the principal building on the lot.
Except as provided in Subsection (D) of this Section, no person shall install, deposit, park or leave any Storage and Disposal Device on any residentially zoned property within the City without first obtaining a permit from the City Engineer or his/her designee. A permit fee of fifty dollars ($50.00) shall be collected by the City Engineer or his/her designee to cover the cost of issuing the same and conducting inspections for compliance with this Section. The permit shall specify the time period, not exceeding fifteen (15) days, during which time the Storage and Disposal Device may be kept on the property.
The permit holder may submit a written request for a permit extension, stating the justification for the additional time. A permit extension may be granted by the City Engineer or his/her designee for up to an additional fifteen (15) days, provided the permit applicant has demonstrated to the City Engineer's satisfaction that extenuating circumstances exist which justify the extension.
The permit shall also state the address of the property and location on the lot where the Storage and Disposal Device is to be situated. No more than two (2) permits may be issued for any lot or parcel of property in any twelve (12) month period.
The City Engineer or his/her designee shall have the authority to waive the permit fee set forth herein upon the sale or rental of the property in order to accommodate a new occupant moving into the dwelling.
The City Engineer or his/her designee shall have the discretion to: (i) waive the permit fee, (ii) increase the duration of the permit beyond the original fifteen (15) days, and/or (iii) waive the permit requirement entirely, in the event of a natural or other disaster that affects a significant portion of the properties or residents of the City, if he or she determines that there may be a scarcity of available building materials or contractors readily able to provide prompt restoration services.
A dumpster may be temporarily placed on residentially zoned property for the purpose of collecting construction debris if the residential property is subject to a valid building permit for renovation or construction of a structure on such property. The placement of the dumpster shall comply with the requirements set forth in Subsection (B) above, but a permit shall not be required under Subsection (C) for so long as the corresponding building permit remains valid. Any dumpster placed under this Subsection (D) must be placed on the same parcel that is subject to the valid building permit and shall be removed on or before the date that is three (3) days after the building permit expires.
[Ord. No. 08-31, 6-4-2008]
Building Official. It shall be the duty and responsibility of the Director of Public Works or his selected technical officers, inspectors, plan examiners and other employees to enforce the provisions of this Chapter as herein provided.
Relief from Personal Liability. Any Building Official, officer or employee who acts in good faith and without malice in the discharge of duties of enforcement of this Chapter is relieved of all personal liability for any damage accruing to persons or property as a result of such acts or alleged failure to act. Further, the Building Official shall not be held liable for any costs in any action, suit or proceeding that is instituted by the Building Official in the enforcement of this Chapter. In any of these actions, the Building Official, inspector, officer or employee shall be defended or represented by the City's attorney at law until the final termination of the proceedings.
Official Records. An official record shall be kept of all business and activities of the Building Official specified in the provisions of this Chapter and (subject to the other provisions of the City Code and State Statutes) all such records shall be open to public inspection at all appropriate times and under reasonable regulations established by the Building Official to maintain the integrity and security of such records.
Inspections. In order to safeguard the public health, safety and welfare, the Building Official and each inspector are authorized to enter upon premises at any reasonable time for the purpose of making inspections and performing duties under this Chapter. Every occupant of the premises shall give the inspector and the owner or operator thereof or agent or employee access to the premises at reasonable times for the purpose of making such inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this Chapter. If any owner, occupant or other person in charge of a rental unit fails or refuses to permit free access and entry to the structure or premises under his control for any inspection pursuant to this Chapter, the Building Official may seek a search warrant or other appropriate court order authorizing such inspections. The inspector shall disclose proper credentials of their respective office for the purpose of inspecting any and all buildings and premises in the performance of duties under this Chapter. Whenever inspections are necessary by any other agency, the Building Official shall make reasonable effort to arrange for the coordination of such inspections so as to minimize the number of visits by inspectors and to confer with the other agencies for the purpose of eliminating conflicting orders before any are issued. An agency shall not, however, delay the issuance of any emergency orders.
Other Regulations. The provisions in this Chapter shall not be construed to prevent the enforcement of other ordinances or regulations which prescribe standards other than are provided herein. Any repairs or alterations to a structure or changes of use therein, which are caused directly or indirectly by the enforcement of this Chapter, shall be done in accordance with the procedures and provisions of the Building Code. The provisions of this Chapter shall not be construed to abolish or impair existing remedies of the City or its officers or agencies relating to the removal or demolition of any buildings which are dangerous, unsafe or unsanitary.
Alterations or Repairs. Alterations or repairs to any structure shall conform to all provisions of the Building Code which are required of a new structure; however those portions of the existing structure which are not altered are not required to comply with all the requirements of the Building Code for the new construction, provided (1) such work conforms to that required by this Chapter; (2) such alterations or repairs do not cause an existing structure to become unsafe or adversely affect the performance of the building; and (3) the alterations or repairs are not structural and do not adversely affect any structural member or any part of the structure having a required fire-resistance rating.
Workmanship. Any repairs or alterations which are caused directly or indirectly by the enforcement of this Chapter shall be executed in a thorough and workmanlike manner. All materials utilized in the repair of structures shall match the appearance of the existing structure's material and color. When there are practical difficulties involved in carrying out provisions of this Chapter, the Building Official shall be permitted to vary or modify such provision upon application of the owner or the owner's representative, provided that the spirit and intent of the law shall be observed and public health, safety and general welfare are assured. The provisions of this Chapter are not intended to prevent the use of any material or method of construction not specifically prescribed by this Chapter, provided any such alternative has been approved. An alternative material or method of construction shall be approved when the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this Chapter and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Chapter in quality, strength, effectiveness, fire-resistance, durability and safety. The Building Official shall require that sufficient technical data be submitted to substantiate the proposed use of any material or assembly and if it is determined that the evidence submitted is satisfactory proof of performance for the use intended, the Building Official shall approve its use subject to the requirements of this Chapter. The costs of all tests, reports and investigations required under these provisions shall be paid by the applicant.
Availability. Certificates and rental occupancy permits issued under this Chapter shall be produced by the City on the request of the owner, a tenant or prospective tenant. The owner of the rental property shall be solely responsible for obtaining required certificates and rental occupancy permits.
Review of Ordinance. As part of the monthly and annual reports, the Director of Public Works shall report to the City Council on the results of this program.
Non-Conforming Conditions. If additional non-conforming conditions are encountered during the course of any approved alteration or repair which were not considered or known initially, the Building Official shall have the authority to require compliance of such conditions with this Chapter. The determination of what is necessary to bring such conditions into compliance shall take into consideration the use of alternatives and equivalent approaches as provided for in this Chapter. The Building Official shall have the authority to approve construction changes in the field when conditions are encountered which make the originally approved work impractical, provided such changes in approved work can be readily determined to be in compliance with this Chapter and are requested by the owner or the owner's agent, in writing, prior to such construction changes. Such changes shall be specifically documented by the owner or the owner's agent in describing the change in work and the reasons and justification for the change and shall be filed with the permit for the project.
Rule Making Authority. The Director of Public Works shall have power as may be necessary in the interest of public safety, health and general welfare to adopt and promulgate rules and regulations to interpret and implement the provisions of this Chapter, to secure the intent thereof and to designate requirements applicable because of other conditions; but such rules shall not have the effect of waiving requirements specifically provided in this Chapter or violating approved practice involving public safety.
Process of Complaint. Any person having any complaint regarding the condition of any dwelling failing to meet the requirements of this Chapter may make a complaint to the office of public works in writing on forms provided by that office. Upon receipt of complaint, the City shall reinspect the dwelling unit, unless the dwelling has passed a City inspection within the last six (6) months. A twenty-eight dollar ($28.00) reinspection fee is required at the time of complaint by the person(s) filing the complaint. If the situation is resolved without an inspector having to review the property, the twenty-eight dollar ($28.00) reinspection fee will be refunded. If one (1) or more violations are found as a result of the inspection, the fee shall be refundable to the person who filed the complaint and shall be paid by the owner of the dwelling.
[Ord. No. 08-31, 6-4-2008]
Notice to Owner or to Person or Persons Responsible. Whenever the Building Official determines that there has been a violation of this Chapter or has reasonable grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefor in the manner prescribed below. Such notice shall:
Be in writing;
Include a description of the real estate sufficient for identification;
Include a statement of the reason or reasons why it is being issued; and
Include a correction order requiring that action be completed to bring the premises into compliance with the provisions of this Chapter within a period of ten (10) days or other time period deemed by the Director of Public Works to be reasonable for the action required.
Corrective Action. When an owner neglects or refuses to make repairs or take other corrective action called for by order or notice of violation issued by a compliance official, the City may (i) revoke the certificate and/or rental occupancy permit which has been issued for said dwelling or rental unit and prevent the occupation of the dwelling or rental unit in violation of or not in compliance with the provisions of this Chapter; and/or (ii) charge the owner a fine up to one thousand dollars ($1,000.00) per day for each day that a dwelling or rental unit is occupied in violation of this Chapter. The amount of the fine shall bear interest from the date of its issuance at the rate of interest which is applied by Missouri law to judgments. Upon the failure of a property owner to pay the amount owing on a notice of fine on the due date or within thirty (30) days thereafter, such amount, together with interest thereon and the reasonable expenses incurred in collecting or enforcing such obligation (including attorneys' fees), may be collected by suit in any court of competent jurisdiction.
Transfer of Ownership. It shall be unlawful for the owner of any premises or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, lease or otherwise dispose of the non-complying dwelling to another until the provisions of the compliance order or notice of violation have been complied with or until such owner shall first furnish the grantee, transferee or lessee a true copy of any compliance order or notice of violation issued by the Building Official and shall furnish to the Building Official a signed and notarized statement from the grantee, transferee or lessee acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation before any occupancy of the premises or structure.
Emergency. Whenever the Building Official finds that an emergency exists on any premises or any structure or part thereof which requires immediate action to protect the public's health, safety or general welfare or that of the occupants thereof, the Building Official shall, with proper notice and service in accordance with the provisions of this Section, issue an order reciting the existence of such an emergency and requiring such action taken as is necessary to meet such emergency. Notwithstanding other provisions of this Chapter, such order shall be effective immediately.
Secure Unfit and Vacated Dwellings. The owner, operator or agent of a dwelling unit that has been declared unfit for human habitation or is otherwise vacant for a period of thirty (30) days or more shall make it safe and secure so that it is not hazardous to the health, safety or welfare of the public and does not constitute a public nuisance. Any vacant dwelling unit with open and unguarded doors or windows shall be deemed to be a hazard to the public health, safety or general welfare and a public nuisance within the meaning of the City Code.
[Ord. No. 08-31, 6-4-2008]
Appeals. Any person affected by any order or notice which has been issued in connection with the enforcement of any provision of this Chapter or of any rule or regulation adopted pursuant thereto shall have the right to request and shall be granted a hearing on the matter before the Housing Board of Appeals, provided that such person shall file a written petition requesting such hearing, paying an application fee in the amount of eighty dollars ($80.00) and stating the grounds thereof within fifteen (15) days after the notice was served.
Stay. Upon filing a notice of appeal with the Building Official or a request for variance by the petitioner, the Building Official shall forthwith submit to the Housing Board of Appeals all documents constituting the record upon which the action appealed from or request for variance was taken. An appeal stays all proceedings in furtherance of the action appealed from until the Housing Board of Appeals renders its decision unless the Building Official certifies to the Housing Board of Appeals that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, the proceeding shall not be stayed.
[Ord. No. 08-31, 6-4-2008]
Any violation of this Chapter is hereby declared to be a nuisance. In addition to any other relief provided by this Chapter, the City may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this Chapter. Such application for relief may include seeking a temporary restraining order, temporary injunction or permanent injunction.
[Ord. No. 08-31, 6-4-2008]
[Ord. No. 08-31, 6-4-2008]
The provisions and Sections of this Chapter shall be deemed to be separable and the invalidity of any portion of this Chapter shall not affect the validity of the remainder.