Section 505.070 Minimum Standards For Non-Residential Parcels of Land, Whether Improved or Unimproved.
[R.O. 2008 §6-113; Ord. No. 1231 §1, 6-22-1987]
The general purpose of this Article is to protect, provide for and promote the public safety, health, convenience, comfort, morals, prosperity and general welfare of the residents of the City of Creve Coeur, Missouri, to include all persons having occasion to be on or within non-residential property within the City of Creve Coeur. These general objectives include, among others, the following specific purposes:
To protect the character and stability of all non-residential property within the City.
To provide minimum standards for the exterior maintenance of non-residential buildings and land within the City.
To prevent the creation of any blighting conditions by preventing the deterioration of non-residential property and thereby to preserve the value of land and buildings throughout the City.
To provide the means for the administration and enforcement of the provisions of this Article to ensure that the above purposes are accomplished.
[R.O. 2008 §6-114; Ord. No. 1231 §1, 6-22-1987]
Every non-residential building within the City, whatever the nature of its use, whether vacant or occupied, whether existing or hereafter constructed, shall be maintained in accordance with the requirements of this Article and every non-residential parcel of land, whether improved or unimproved, shall be maintained in accordance with the applicable requirements of this Article. In any case where a provision of any zoning, building, fire, safety or health code of the municipality existing on the effective date of this Article or hereafter established is in the conflict with the provision contained herein, the provision which establishes the more restrictive standard shall prevail.
[R.O. 2008 §6-115; Ord. No. 1231 §1, 6-22-1987]
As used in this Article, the following terms shall have the respective meanings ascribed to them:
- ACCESSORY STRUCTURE
- A detached structure subordinate to the main or principal structure and located on the same lot, the use of which is customarily incidental to the main building.
- A portion of a building located partly underground, but having less than one-half (½) of its clear floor-to-ceiling height below the average grade of adjoining ground.
- BUILDING CODE
- The Building Code officially adopted by the Creve Coeur City Council or such other ordinances as may be officially designated by the Council for the regulation of construction, alteration, addition, repair, removal, demolition, use, location and maintenance of buildings and structures.
- BUILDING OFFICIAL
- The Director of Public Works of the City of Creve Coeur or his/her designee.
- A portion of a building located partly or wholly underground and having one-half (½) or more of its clear floor-to-ceiling height below the average grade of the adjoining ground.
- CITY ADMINISTRATOR
- The City Administrator of the City of Creve Coeur or his/her authorized agent.
- Property as described in Chapter 448, RSMo., 1969, and all amendments thereto. (See definition of owner.)
- The condition or appearance of a building or part thereof characterized by evidence of physical decay, neglect or lack of maintenance.
- An element or feature present on the exterior or exterior premises of a building, including such objects as flagpoles, light fixtures and other semi-permanently fixed structures.
- The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
- The presence within or around a building of any insects, rodents or other pests.
- The person, firm, partnership or corporation that has possession of any part of the space within the building.
- Any person who has charge, care or control of a building or part thereof.
- Any person, firm, partnership or corporation who, alone, jointly or severally with others, shall be in actual possession of or have charge, care or control of any building or part of a building within the City. When the owner is represented by an employee, agent, trustee, guardian of the estate or person of the title holder, such person shall be bound to comply with the provisions of this Article to the same extent as the owner. In all cases of condominiums, the board of managers shall be responsible for complying with all provisions of this Article, if within the common elements, as defined by the specific declaration and bylaws.
- A corporation, firm, partnership, association, organization and any other group acting as a unit as well as any individual. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word "person" is used in any Section of this Article prescribing a penalty or fine as to partnerships or associations, the word shall include the partners or members thereof and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such Section.
- A lot, plot or parcel of land or any part thereof, including the buildings or structures thereon.
- Combustible and non-combustible waste materials and garbage and the term shall include the residue from the burning of coal, wood or coke; or other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust.
- To restore to a good and acceptable state of operation, appearance or serviceability and free from defect or decay. Repairs shall be expected to last approximately as long as would replacement by new items.
- To remove an existing item or portion of an item that cannot be restored to a good and acceptable state of operation, appearance or serviceability and that is free from decay or defect and to construct or install any item or improved quality or of similar quality as the existing item when new. Replacement will ordinarily take place when the item is not repairable.
- Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground including, but without limiting the generality of the foregoing, pergolas, radio towers, memorials and ornamental structures. The word "structure" includes the word "building" in addition to the foregoing.
[R.O. 2008 §6-116; Ord. No. 1231 §1, 6-22-1987]
General. The exterior of a building shall be maintained in a structurally sound and sanitary condition, including any exterior light fixtures mounted on the building, so as not to pose a threat to the health and safety of the occupants and so as to protect the occupants from the environment.
Structural Members. All supporting structural members of a structure shall be kept in a structurally sound condition, free of deterioration and maintained in such manner as to be capable of safely bearing the dead and live loads imposed upon them.
Exterior Surfaces (Foundations, Walls And Roof). The foundation, exterior walls and roof shall be substantially water-tight, weather-tight and protected against rodents and shall be kept in sound condition and repair.
Foundation Walls. All foundation walls shall be maintained so as to be plumb and to carry the safe design and operating dead and live loads.
Exterior Walls. Every exterior structural or architectural wall shall be free of holes, breaks, loose or rotting boards or timbers or any other condition 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 weather-proof and shall be properly surface coated to prevent deterioration.
Roofs. Every roof shall be structurally sound, tight and have no defects which might admit rain. Roof drainage shall be adequate to prevent rainwater from causing dampness in the walls or interior portion of the building. All equipment located on the roof shall be screened and said screening properly maintained. Gutters and downspouts shall be maintained in a good working order.
Decorative Features. All cornices, moldings, belt courses, corbels, trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in safe condition.
Canopies, Marquees, Awnings And Overhangs. All canopies, marquees, awnings and any overhead extension shall be maintained in good repair and be properly anchored, shall be protected from the elements and against decay and rust by the periodic application of weather-coating materials such as paint or other protective treatment.
Stairs, Porches, Railings. Every stairway, porch and handrail shall be kept in safe condition and good repair. Every rail and balustrade shall be firmly fastened and maintained in good condition. No porch shall have rotting, loose or deteriorating supports. All stairs, porches and handrails shall be maintained in such a manner as to be capable of supporting the design load for which it was intended.
Chimneys. All chimneys, smokestacks, cooling towers and similar appurtenances shall be maintained in a structurally safe and sound condition and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay and rust by the periodic application of weather-coating material such as paint or other protective treatment.
Windows And Door Frames. Every window, exterior door and frame shall be substantially tight and kept in sound condition and repair. Every window shall be fully supplied with windowpanes which are without open cracks or holes. Every window sash shall be fully supplied with approved glazing materials which are without open cracks or holes and shall comply with the requirements of the City's Building Code. Screens, if installed, shall be kept in good repair.
Door Hardware. Every exterior door, door hinge and door latch shall be maintained in good condition and all exit door hardware shall comply with the requirements of the City's Building Code.
Basement Hatchways. Every basement or cellar hatchway shall be constructed and maintained as to prevent the entrance of rodents, rain or surface drainage into the building.
Section 505.070 Minimum Standards For Non-Residential Parcels of Land, Whether Improved or Unimproved.
[R.O. 2008 §6-117; Ord. No. 1231 §1, 6-22-1987; Ord. No. 2080 §1, 9-11-2000]
General. All lots shall be maintained in a clean, safe and sanitary condition free from any accumulation of rubbish or garbage. The grass on such property shall be maintained and cut in accordance with Chapter 220 of the City Code.
Grading And Drainage. All premises shall be graded and maintained so as to prevent the accumulation of stagnant water thereon or within any structure located on such premises.
Sidewalks, Steps, Driveways And Parking Spaces. All private sidewalks, steps, driveways, parking spaces and other paved areas shall be maintained in good repair, free of safety hazards, cracked or broken asphalt and clear of snow, ice, mud, vegetation, trees, shrubs or debris. The required parking lot striping shall be maintained in accordance with approved site plans.
Yards. All non-paved areas, which are not covered by grass or vegetation, shall be treated to prevent dust or the blowing or scattering of dust particles into the air. All trees, bushes or vegetation located on private property which overhang a street shall be properly trimmed to avoid obstruction of the view of traffic. All landscaping and planting required under any City ordinance shall be properly maintained and all dead trees and shrubs shall be promptly removed and replaced with like quality and size plant material. The grass in such yards shall be mowed and maintained to a height as specified in Chapter 220 of the City Code.
Fences. Fences shall be maintained in a safe and substantial condition and in good repair.
Accessory Buildings, Structures Or Appurtenances. All accessory buildings and structures and exterior areas shall be subject to all requirements of this Article including, but not limited to, trash enclosures, retaining walls, tie walls, exterior lighting fixtures and stormwater facilities. The areas in and around trash enclosures and dumpsters shall be kept free from debris and blowing trash which would litter the landscaped area and parking lot areas of the property.
[R.O. 2008 §6-118; Ord. No. 1231 §1, 6-22-1987]
The following requirements shall apply to all non-residential buildings within the City, whether vacant or occupied:
General. The interior of a building shall be maintained in a structurally sound and sanitary condition.
Structural members. All supporting structural members shall be kept in a structurally sound condition, free of deterioration and maintained in such manner as to be capable of safely bearing the design and live loads for which they were intended to support.
Interior surfaces. Floors, walls, including windows and doors, ceilings and other interior surfaces shall be maintained in a sound, clean and sanitary condition.
Insect and rodent control. All buildings shall be free of insect and rodent infestation. When any such infestation exists within a common area, including hallways, stairwells or any other shared or public areas of the building, the owner shall be responsible for the proper extermination and the taking of all precautions necessary to prevent reinfestation.
Exit facilities. All interior stairs, railings and other exit facilities shall be maintained in sound condition and good repair and any treads or risers which evidence excessive wear or are broken, warped or loose shall be replaced. Every inside stair shall be so constructed and maintained as to be safe to use and capable of supporting anticipated loads.
Handrails. Every flight of stairs, which is more than three (3) risers high, shall have handrails located as required by the City Building Code and every open portion of a stair, porch, landing and balcony which is more than thirty (30) inches above the floor or grade below shall have guardrails. Every handrail and guardrail shall be firmly fastened and capable of bearing normally imposed loads and shall be maintained in good condition.
Light and ventilation. All spaces shall be provided with lighting and ventilation as specified in the City's Building and Mechanical Codes.
Heating and mechanical equipment. All heating and mechanical equipment shall be provided and maintained in compliance with the City's Mechanical Code.
Electrical service. All electrical equipment, wiring and appliances shall be installed and maintained in compliance with the City's Electrical Code.
Plumbing system and equipment. All plumbing systems and equipment shall be provided and maintained in compliance with the City's Plumbing Code.
Fire safety requirements.
All exit signs shall be maintained, illuminated and visible.
Floors, walls, ceilings and other elements and components required to develop a fire- resistance rating shall be maintained so that the respective fire-resistance rating of the enclosure, separation or construction is preserved.
Fire suppression systems shall be maintained in good condition, free from mechanical defect. Sprinkler heads shall be maintained clean, free of corrosion and paint and shall not be bent or damaged.
Hose stations shall be identified and accessible and the hose shall be in proper position, ready for operation, dry and free of deterioration and shall be equipped with proper nozzles.
All portable fire extinguishers shall be visible and accessible and maintained in an efficient, safe operating condition. The type and number of fire extinguishers shall be designated by the Fire Marshall.
[R.O. 2008 §6-119; Ord. No. 1231 §1, 6-22-1987]
The owner and occupant(s) of property shall be responsible for compliance with the provisions of this Article, provided that it shall be the sole responsibility of the owner to comply with the provisions of this Article which relate to common areas or shared areas of a building. For the purpose of this Article, the term "owner" shall mean the record owner of property and any person having the responsibility for care and control of such property as agent of the owner.
Nothing herein shall preclude any person charged with violation of this Article from defending said charge on the ground that such person had no control or right of control over the area in which the violation was located.
[R.O. 2008 §6-120; Ord. No. 1231 §1, 6-22-1987; Ord. No. 3098 §§1 — 2, 12-12-2005; Ord. No. 5492 §4, 8-22-2016]
It shall be the duty and responsibility of the Building Official and his/her delegated representatives to enforce the provisions of this Article.
Enforcement personnel are authorized and directed to make inspections to determine whether all property subject hereto conforms to the requirements of this Article. For the purpose of making such inspections, the enforcement personnel are hereby authorized to enter the publicly accessible portions of all non-residential property within the City at any reasonable hour.
Whenever the enforcement personnel find evidence of a violation of any provision of this Article, written notice thereof shall be given to the responsible party (owner and/or occupant as the case may be). Such notice shall be in writing and shall include:
A statement of the provisions being violated, together with a designation of the remedial action to be taken;
The period of time within which such remedial action shall be completed, which time shall be a reasonable period of time under all of the circumstances;
A notice of the penalty for failure to timely remove or abate the violation, including that a summons will be issued for hearing before the Municipal Court; and
A statement that if the violation reoccurs within a period of twelve (12) months after the aforesaid date by which the violation shall be removed or abated, a summons may be issued without further notice. Such notice shall be served by the enforcement personnel by delivering a copy to the responsible party or by sending a copy of the notice by registered or certified mail with return receipt requested to the last known address or if the address of the responsible party is unknown, by posting a copy of such notice in a conspicuous place in or about the property affected by the notice. The notice shall be deemed served on the date delivered or received or ten (10) days after posting.
The responsible party shall remedy the conditions specified in such notice within the time designated therein, provided that the enforcement personnel may, for good cause, extend the time for compliance with any such notice.
Once notice has been given to a person regarding a violation, if the same violation recurs in or on the same lot or tract of land or land adjacent thereto within twelve (12) months after the date stated in the notice as the deadline to remove or abate the violation, no further notice shall be required, and the same person may be summoned into Municipal Court regarding the recurring violation.
If a warning notice is given as provided in Subsection (C) and if, after the time for removal or abatement has lapsed, the property is reinspected and the inspector finds and determines that the violation has not been removed or abated, the inspector may fill out and sign as the complainant a complaint directed by name to the occupant, owner and/or person in charge of the property showing the address or legal description of the property on which the violation is located and such other information as may be available to the inspector and setting forth in general the nature of the violation. If a notice is not required under Subsection (E), the inspector who finds and determines that a violation has recurred may fill out and sign as the complainant a complaint as provided above. The City's prosecuting attorney or assistant prosecuting attorney shall, if he or she determines action to be appropriate, sign the complaint as an information and it shall then be forwarded to the Clerk of the Municipal Court for issuance of summons and inclusion on the court's docket for the date shown on the summons. If the violation is corrected prior to the court date, the inspector may request the prosecuting attorney to dismiss the matter. If the matter is dismissed, notice of dismissal shall be promptly provided to the summoned party.
The Clerk shall mail a copy of the summons by ordinary mail, postage prepaid, to the person(s) named therein at the address shown on the summons or at such other address as the person(s) charged therewith may be found or shall be known to reside. If the mail is duly addressed to the person(s) named in the summons at the address as provided above and is not returned to the City, it shall be deemed to have been delivered and received by the person(s) to whom addressed.
Editor's Note — Ord. no. 5165 §3, adopted December 13, 2010, repealed sections 505.110 "occupancy permit requirement" in its entirety. Former section 505.110 derived from R.O. 2008 §6-121; ord. no. 1231 §1, 6-22-1987.
[R.O. 2008 §6-122; Ord. No. 1231 §1, 6-22-1987]
This Article establishes minimum standards for non-residential property and does not replace or modify the requirements of any other ordinance of the City of Creve Coeur. In any case where a provision of this Article is found to be in conflict with a provision of any other ordinance of the City, the provision which establishes the higher standard shall prevail.
If any Section, Subsection, paragraph, sentence, clause or phrase of this Article shall be declared invalid for any reason whatsoever by a court in a final judgment, such determination shall not affect the remaining portions of this Article and such remaining portions shall remain in full force and effect.
[R.O. 2008 §6-123; Ord. No. 1231 §1, 6-22-1987]
Any person, firm or corporation who shall violate any provision of this Article shall, upon conviction thereof, be subject to the penalties and provisions of Section 100.090 of the Municipal Code.