City of Edmundson, MO Additional Building Codes

[CC 2001 § 500.030; Ord. No. 1223 § 1, 4-8-2004; Ord. No. 1237 § 1, 11-11-2004; Ord. No. 1238 § 1, 12-9-2004; Ord. No. 1259 § 1, 1-12-2006; Ord. No. 1315 § 1, 12-13-2007]

Adoption. The City of Edmundson hereby adopts a certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Edmundson, being marked and designated as the "International Property Maintenance Code", 2003 Edition, as published by the International Code Council as the Property Maintenance Code of the City of Edmundson, State of Missouri, for regulating and governing the conditions and maintenance of all commercial and residential property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the City of Edmundson are hereby referred to, adopted and made a part thereof, as if fully set out in this Section, with the additions, insertions, deletions and changes, if any, prescribed in Subsection (B) of this Section.

Revisions. The following Sections of the International Property Maintenance Code are hereby revised as follows:

The existing Section 101.1 "Title" is hereby amended to read: "These regulations shall be known as the Property Maintenance Code of the City of Edmundson, hereinafter referred to as "this code".

Section 103 "Department of Property Maintenance Inspection" (including Subsections 103.1, 103.2, 103.3, 103.4, and 103.5) is hereby deleted in its entirety and replaced with the following new Section 103 "Code Official and Inspections".

Section 103.1 General. The City's responsibilities under this code, including inspections and enforcement, shall be conducted by the code official, or his designee, or pursuant to the terms of a contract approved by ordinance.

Section 103.2 Fees. The fees for activities and services performed by the City in carrying out it's responsibilities under this code shall be as approved by the Governing Body.

Section 103.3 Liability. The code official, officer, employee, or agent charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties.

Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer or employee of the jurisdiction, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.

Section 106.4 "Violation Penalties" is hereby deleted and replaced with the following provision: "Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof may be punished as provided in Section 500.035 of the Code of Ordinances for the City of Edmundson."

The existing Section 108.1 "General" is hereby replaced with the following provision: "The provisions of Chapter 505 of the Edmundson Municipal Code shall govern unsafe structures. However, where Chapter 505 is silent, the provisions of this Section 108 shall apply."

The existing Section 108.1 "General" is hereby renumbered as Section 108.2 and shall be entitled "Condemnation".

The existing Sections 108.1.1, 108.1.2, 108.1.3, and 108.1.4 are hereby renumbered as Sections 108.2.1, 108.2.2, 108.2.3, and 108.2.4, respectively.

The existing Sections 108.2, 108.3, 108.4, 108.4.1, and 108.5 are hereby renumbered as Sections 108.3, 108.4, 108.5, 108.5.1 and 108.6, respectively.

The existing Section 109.1 "General" is hereby replaced with the following provision: "The provisions of Chapter 505 of the Edmundson Municipal Code shall govern emergency measures. However, where Chapter 505 is silent, the provisions of this Section 109 shall apply."

The existing Sections 109.1, 109.2, 109.31 109.4, 109.5, and 109.6 are hereby renumbered as Sections 109.2, 109.3, 109.4, 109.5, 109.6 and 109.7, respectively.

The existing Section 110.1 "General" is hereby replaced with the following provision: "The provisions of Chapter 505 of the Edmundson Municipal Code shall govern demolition of structures. However, where Chapter 505 is silent, the provisions of this Section 110 shall apply."

The existing Sections 110.1, 110.2, 110.3 and 110.4 are hereby renumbered as Sections 110.2, 110.3, 110.4 and 110.5, respectively.

The existing Section 111.2 (including Subsections 111.2.1, 111.2.2, 111.2.3, 111.2.4 and 111.2.5) is hereby deleted in full and replaced with the following provision: "Three (3) members of the Board of Aldermen shall sit as the Code of Appeals Board. If any member of the Board of Aldermen is the "code official", such official shall not sit on the Appeals Board."

Section 202 "General Definitions" is hereby amended by the insertion of the following definition in alphabetical order:

FAMILY

An individual or married couple and the children thereof, with not more than two (2) other persons related directly to the individual or married couple by blood or marriage, or a group of not more than three (3) unrelated persons living together as a single housekeeping unit in a dwelling unit."

Section 304.7 "Roofs and drainage" is hereby amended by the addition of a sentence at the end of the paragraph which provides as follows, "The code official or person duly authorized to inspect structures may require a property owner to have rain guttering installed to prevent a nuisance or to prevent uncontrolled discharge of water off of roofs."

10.

The existing Section 304.14 "Insect Screens" is amended to read as follows: "During the period from March 1 to November 30, 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 screen of not less than 16 mesh per inch 16 mesh per 25mm and every swinging door shall have a self-closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed."

11.

Section 309 Certificate of Occupancy.

[Ord. No. 1451 §1, 7-9-2015]

Section 309.1 Certificate of occupancy 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 certificate of occupancy has been issued by the Code Official. The certificate so issued shall state that the occupancy complies with all of the provisions of this Code as far as can be determined by a visual inspection of the premises and a review of the records.

There shall be no fee for the certificate of occupancy; however, an applicant for a certificate of occupancy shall pay for each inspection required in the pursuit for such certificate. Given the cost to the City for staff to inspect property, there shall be a fifty dollar ($50.00) fee for the original inspection and for each re-inspection of the same property. If third party consultants are required because of special circumstances, the applicant shall reimburse the City for third party costs.

In the case of residential rental property, it is the obligation of the owner/landlord to secure a certificate of occupancy for the proper lessor(s)/tenant(s). The certificate shall be held in both the names of the owner/landlord and the lessee(s)/tenant(s).

Section 309.2 Misrepresentations. It shall be unlawful for any person to knowingly make any false statement:

On an application for any certificate of occupancy;

Relating to the permitted number of occupants;

Relating to the type of use of the property or 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;

Relating to the name of each individual, person, firm, company or institution which will occupy property and any description or information regarding such individual, person, company or institution;

Relating to the issuance of a certificate of compliance or relating to the violations contained within a City inspection report.

Section 309.3 Action on application. The Code Official shall examine all applications for a certificate of occupancy within a reasonable time after filing. If an inspection has been conducted and a certificate issued within the six months immediately prior to the date that the application is submitted, then no further inspections shall be required and a certificate of occupancy shall be issued on that basis. No inspection shall be completed until payment for the inspection has been made. No action shall be taken to issue a certificate until an inspection of the premises is completed and a certificate of compliance has been issued.

Section 309.4 Issuance of certificate of occupancy. If 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 certificate of occupancy as soon as practicable. No certificate 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.

A certificate of occupancy shall be issued for the following terms:

Owner-occupied residential property. The term of the certificate of occupancy for owner-occupied residential property shall be indefinite and shall expire upon a change in the ownership or possession of the property. In determining whether a "change in possession" has occurred, the Code Official shall consider whether there has been a change in the head of household. A "change in possession" may include the transfer of possession between family members except in the case of a transfer caused by divorce or marriage.

Residential rental property. The term of the certificate of occupancy for a residential rental unit shall be one year from its date of issuance.

Section 309.5 Renewal of certificate for residential rental property.

Each owner/landlord shall apply for renewal of each certificate of occupancy issued for residential rental property at least thirty (30) days prior to the expiration date of such certificate.

The procedures and fees for renewal of such certificate shall be the same as the procedures and fees for issuance of an original certificate of occupancy and inspections related thereto.

If violations are found by the City's inspection, no renewal shall issue and the property shall be vacated upon expiration of the previous certificate of occupancy unless such violations are corrected by the expiration date.

Section 309.6 Conditional certificate. Occupancy may be permitted on a 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 allowing occupancy. However, no conditional certificate shall be issued when there is a condition on the premises which can threaten the health and safety of the occupant. No conditional certificate 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.

Section 309.7 Rejection of application. If the application does not comply with the requirements of all pertinent laws, the Code Official shall reject such application in writing, stating the reasons therefor.

Section 309.8 Suspension of certificate. Any certificate issued shall become invalid if the occupancy is not commenced within six (6) months after issuance of the certificate or if the occupancy is terminated.

Section 309.9 Revocation of certificate. The Code Official may revoke a certificate in case of any false statement or misrepresentation of facts in the application on which a certificate was based, or under the procedures set forth for unsafe or dangerous structures.

Section 309.10 Existing residential occupancies. The provisions of this Section shall not apply to any owner-occupied residential occupancy in existence, until there is a change in the occupancy of property.

Section 309.11 Pre-transfer activity; Application for certificate required.

It shall be unlawful for owner or lessor of any property subject to the provisions of this Code, or their agent, to advertise in any way, to list with a real estate agent or other broker, or to otherwise market the property for the purpose of selling, leasing, renting or otherwise transferring its ownership or possession, without first applying for the issuance of a certificate of compliance by the Code Official.

After receiving such application, the Code Official shall cause the property to be inspected to determine its compliance with the provisions of this code.

If the Code Official determines the property is in compliance with all provisions of this code, a certificate of compliance shall issue. If the Code Official determines that the property is in violation of the provisions of this Code, the Code Official shall issue an occupancy inspection report which shall list all conditions which fail to satisfy the requirements of this Code.

All structures offered or available for sale, lease or transfer shall display a sticker provided by the City indicating the date of the most recent inspection of the structure, where the results of that inspection may be obtained, and information as to the maximum number of persons that the structure will lawfully accommodate as determined by the most recent inspection. The required sticker shall be affixed to the sign indicating that the property is for sale, lease or transfer or on the exterior of the structure in proximity to the main entrance and in a manner reasonably calculated to come to the attention of persons entering same. It shall be unlawful to offer any structure for sale, lease, or transfer unless the sticker required by this Subsection shall be displayed as set forth herein.

Section 309.11 Transfer of ownership or possession; Certificate of compliance required.

It shall be unlawful for the owner or lessor of any property, or their agent, to sell, lease, rent or otherwise transfer ownership or possession of property subject to the requirements of this Code unless a certificate of compliance has been issued by the Code Official or an occupancy inspection report has been issued and an assumption of responsibility for abating all violations listed therein has been approved pursuant to this Section. On application by an owner, lessor or agent, the Code Official shall inspect the property.

If, after inspecting the property, the Code Official determines it to be in compliance with the provisions of this Code, a certificate of compliance shall be issued.

If the Code Official determines the property is in violation of requirements of this Code, the Code Official shall issue an occupancy inspection report which shall list all conditions which fail to satisfy the requirements of this Code.

A certificate of compliance and/or an occupancy inspection report shall be valid for six (6) months, unless revoked by the Code Official for good cause. In the event a certificate of occupancy is not issued within said six (6) months, said certificates shall be null and void, and a new application for a certificate of compliance must be made before any certificate of occupancy may issue.

This Section shall not apply to transfers of a structure or building wherein the transferee executes an Affidavit directed to the Code Official attesting to the fact that the structure(s) on the property so transferred will be demolished within ninety (90) days of transfer.

Section 309.12 Correction required.

If there are violations of this Code which must be abated or corrected before a certificate of compliance or a certificate of occupancy can be issued, it shall be the responsibility of the seller, lessor or agent thereof to abate such violations. No certificate of compliance or certificate of occupancy shall be issued until the property has been inspected, all violations of this Title shall have been corrected, and the fee for the required inspections shall have been paid.

With the approval of the Code Official, a transferee of a property may assume responsibility for abating violations of this Code by executing an affidavit acknowledging receipt of the list of violations and stating that such transferee assumes responsibility for abating such violations and establishing the date by which such abatement shall be accomplished, which date shall be subject to approval by the Code Official.

12.

The existing Section 602.3 "Heat Supply" is hereby amended to read as follows: "Every owner and operator of any building who rents, leases, or lets one or more dwelling units, rooming unit, dormitory or guest room on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms, and toilet rooms.

Exceptions:

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 the City's plumbing code.

In areas where the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18°C) shall be maintained."

13.

The existing Section 602.4 "Occupiable work spaces" shall be amended to read as follows: "Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of not less than sixty-five degrees Fahrenheit (65°F) eighteen degrees Celsius (18°C) during the period the spaces are occupied.

Exceptions:

Processing, storage and operation areas that require cooling or special temperature conditions.

Areas in which persons are primarily engaged in vigorous physical activities."