[R.O. 2008 §6-113; Ord. No. 1231 §1, 6-22-1987]
A.
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:
1.
To protect the character and stability of all non-residential property
within the City.
2.
To provide minimum standards for the exterior maintenance of non-residential
buildings and land within the City.
3.
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.
4.
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:
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.
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.
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.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
[R.O. 2008 §6-117; Ord. No. 1231 §1, 6-22-1987; Ord. No. 2080 §1, 9-11-2000]
A.
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.
B.
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.
C.
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.
D.
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.
E.
Fences. Fences shall be maintained in a safe and substantial
condition and in good repair.
F.
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]
A.
The
following requirements shall apply to all non-residential buildings
within the City, whether vacant or occupied:
1.
General. The interior of a building shall be maintained
in a structurally sound and sanitary condition.
2.
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.
3.
Interior surfaces. Floors, walls, including windows
and doors, ceilings and other interior surfaces shall be maintained
in a sound, clean and sanitary condition.
4.
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.
5.
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.
6.
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.
7.
Light and ventilation. All spaces shall be provided
with lighting and ventilation as specified in the City's Building
and Mechanical Codes.
8.
Heating and mechanical equipment. All heating and
mechanical equipment shall be provided and maintained in compliance
with the City's Mechanical Code.
9.
Electrical service. All electrical equipment, wiring
and appliances shall be installed and maintained in compliance with
the City's Electrical Code.
10.
Plumbing system and equipment. All plumbing systems
and equipment shall be provided and maintained in compliance with
the City's Plumbing Code.
11.
Fire safety requirements.
a.
All exit signs shall be maintained, illuminated and visible.
b.
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.
c.
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.
d.
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.
e.
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]
A.
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.
B.
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]
A.
It shall be the duty and responsibility of the Building Official
and his/her delegated representatives to enforce the provisions of
this Article.
B.
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.
C.
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:
1.
A statement of the provisions being violated, together with
a designation of the remedial action to be taken;
2.
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;
3.
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
4.
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.
D.
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.
E.
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.
F.
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.
G.
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.
[1]
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]
A.
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.
B.
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.
