[R.O. 2008 §6-130; Ord. No. 1232 §1, 6-22-1987]
A.
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, by establishing minimum requirements
for safe and sanitary exterior maintenance of dwellings, yards, landscaping
and accessory structures. These general objectives include, among
others, the following specific purposes.
1.
To protect the character and stability of all residential property
within the City.
2.
To provide minimum standards for the exterior maintenance of residential
buildings and land within the City.
3.
To prevent the creation of any blighting conditions by preventing
the deterioration of 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
provision of this Article to ensure that the above purposes are accomplished.
[R.O. 2008 §6-131; Ord. No. 1232 §1, 6-22-1987]
Every 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 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 found to be in conflict with the provisions contained herein, the
provision which establishes the more restrictive standard shall prevail.
[R.O. 2008 §6-132; Ord. No. 1232 §1, 6-22-1987]
As used in this Article, the following terms shall have the
respective meanings ascribed to them:
A detached subordinate building located on the same lot as
the main building. Where a part of the wall of an accessory building
is a part of a main building or where an accessory building is attached
to a main building by a roof, such accessory building shall be considered
as part of the main building. The use of said building is customarily
incidental to the main building.
A building or portion thereof designed for or occupied by
more than two (2) families, which is not a condominium.
Approved as applied to a material, device or method of construction
shall mean approved by the Building Code adopted by the City or approved
by other authority designated by law to give approval in the matter
in question.
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.
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.
Any building or portion thereof which is designed or used
or intended to be used for living or sleeping for human occupants.
A self-sufficient living area for one (1) family having its
own permanently installed cooking and sanitary facilities.
An element or feature present on the exterior or exterior
premises of a building, including such objects as flagpoles, lamps
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 dwelling of any insects,
rodents or other pests.
Any person living in, sleeping in or having actual possession
of a dwelling unit.
Any person who has charge, care or control of a building
or part thereof in which dwelling units are let.
Any person, firm or corporation who, alone, jointly or severally
with others, shall be in actual possession of or have charge, care
or control of any dwelling unit 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 by laws.
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.
Any material furnished, supplied, paid for or under the control
of the owner.
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.
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.
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.
Regularly scheduled visual inspections.
An open space on the same lot with a building, unoccupied
and unobstructed by any portion of a structure from the ground upward,
except as otherwise provided herein.
[R.O. 2008 §6-133; Ord. No. 1232 §1, 6-22-1987; Ord. No. 2080 §2, 9-11-2000]
A.
Walls. Every exterior 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 material
shall be kept in good repair.
B.
Foundations. Every foundation shall be reasonably weather-tight
and rodent-proof and shall be kept in good repair. The foundation
elements shall adequately support the building at all points.
C.
Roofs. The roof shall be sufficiently weather-tight, weather-proof
so as to contain no defects which might admit rain or dampness. All
exterior surface materials shall be kept in good repair.
D.
Stairs, Porches, Railings. No porch, stairway or railing
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 load for which it was intended.
E.
Windows, Doors And Screens. Every window and door shall
be substantially tight and shall be kept in good condition and repair.
Every window shall be fully supplied with panes or a rigid translucent
substitute which is free of cracks or holes. Such panes shall fit
reasonably tight within the frames and shall be kept in good repair.
Screens, if installed, shall be kept in good repair.
F.
Protection Of Wood Surfaces, Gutters And Downspouts. All
exterior wood surfaces, gutters and downspouts shall be protected
from the elements and against decay or rust by paint or other approved
protective coating applied in a workmanlike fashion.
G.
Hardware And Fixtures. All exterior hardware and fixtures
shall be maintained in good condition and repair.
H.
Driveways And Sidewalks. Driveways and sidewalks shall be
maintained in such a manner as to remain free of safety hazards. It
is the responsibility of the adjacent property owner to keep the sidewalk
and/or driveway clear of snow, ice, mud, vegetation, trees, shrubs
or debris.
I.
Yards Or Lawn Areas. Lawn areas and landscaping shall be
properly maintained by the owner. The Building Official may also require
screening or additional planting around refuse containers to assure
the desirable residential character of the premises from the street.
All trees, bushes or vegetation which overhang a public thoroughfare
shall be properly trimmed to avoid obstruction of the view and movement
of vehicles and pedestrians. Dead trees and shrubs shall be promptly
removed.
J.
Fences. Every fence shall be kept in a reasonably good state
of maintenance and repair or shall be removed or replaced.
K.
Grading And Drainage. Grading and drainage shall be so maintained
as to provide that water shall not stagnate and cause a public hazard
or a hazard to the structure.
L.
Accessory Buildings, Structures Or Appurtenances. All accessory
buildings or structures shall be subject to all requirements of this
Article including, but not limited to, tie walls, retaining walls,
antennae, towers, etc.
[R.O. 2008 §6-134; Ord. No. 1232 §1, 6-22-1987]
A.
Every
owner of a dwelling shall:
1.
Maintain in a clean, sanitary and proper condition all exterior areas
including stairwells, porches, yards, lawns, asphalt areas and any
other exterior areas of the building and premises.
2.
Keep premises and building rodent free by rat stopping buildings
and prohibiting and alleviating conditions around buildings and yards
conducive to rats.
3.
Provide at least one (1) refuse container, unless additional containers
or other methods are deemed necessary by the Building Official, for
proper and sanitary storage of refuse.
4.
Infestation. Extermination shall be the responsibility
of the owner where infestation has occurred as a result of the owner's
failure to maintain the dwelling in a reasonably rat-proof or insect-proof
condition.
[R.O. 2008 §6-135; Ord. No. 1232 §1, 6-22-1987]
A.
Every
owner of a multiple dwelling shall:
1.
Maintain in a clean, sanitary and proper condition all interior and
exterior common areas including hallways, stairwells, basements, yards,
lawns and any other shared or public areas of the building and premises.
2.
Keep premises and building rodent free by rat stopping buildings
and prohibiting and alleviating conditions around buildings and yards
conducive to rats.
4.
Infestation. Extermination shall be the responsibility
of the owner in dwelling units where infestation has occurred as a
result of the owner's failure to maintain dwelling in a reasonably
rat-proof or insect-proof condition or where infestation has occurred
in two (2) or more dwelling units or in the shared or public areas
of the building.
5.
Temporary discontinuance of facility. No owner,
operator or occupant shall cause any service facility, equipment or
utility which is required under this Chapter to be removed or shut
off from or discontinued for any occupied dwelling let or occupied
by him/her, except for such temporary interruption as may be necessary
while actual repairs or alterations are in process or during temporary
emergencies when discontinuance of service is approved by the Director.
6.
Every multiple-dwelling shall have posted in a conspicuous location,
in a common area in the building, the name, address and telephone
number of the owner, managing agent or maintenance personnel who can
be notified in case of emergency.
[R.O. 2008 §6-136; Ord. No. 1232 §1, 6-22-1987]
A.
The
occupants, lessee or tenants of single-family dwelling units shall
be:
[R.O. 2008 §6-137; Ord. No. 1232 §1, 6-22-1987]
A.
The
occupants, tenants or lessees of all units in multiple-dwellings shall
be:
1.
Obligated to keep and use the dwelling unit and that portion of the
dwelling under his/her control in a clean and sanitary condition.
2.
Dispose of all garbage and refuse in approved containers provided
by the owner. The user shall maintain individual refuse containers
in a clean and sanitary condition. The level of the contents shall
be kept at least four (4) inches from the top. Care shall be exercised
by the user to avoid spillage and if it occurs, he/she shall clean
it promptly and restore the premises to a clean and sanitary condition.
[R.O. 2008 §6-138; Ord. No. 1232 §1, 6-22-1987]
A.
Building Official. It shall be the duty and responsibility
of the Building Official to enforce the provisions of this Article.
B.
Systematic Code Inspection Program. The Building Official
is authorized and directed to make inspections for the purpose of
administering the provisions of this Article and such inspections
are restricted exclusively to the exterior of the dwelling unit. The
owner or occupant of every dwelling, dwelling unit or accessory structure
shall allow the Building Official access to those portions of the
property required to adequately enforce the provisions of this Article.
Such access shall be only after reasonable notice has been given as
to the intent of the inspection. Notices of inspection shall be issued
in accordance with a planned program of systematic code enforcement
in which the City shall be divided into priority areas and inspected
on a rotating basis.
C.
Inspections
shall be initiated only under any one (1) of the following conditions:
[R.O. 2008 §6-139; Ord. No. 1232 §1, 6-22-1987; Ord. No. 3098 §3, 12-12-2005; Ord. No. 5492 §4, 8-22-2016]
A.
Whenever the Building Official determines that there are reasonable
grounds to believe that there has been a violation of any provision
of this Article, the official shall give written notice of such alleged
violation to the persons responsible therefor as hereinafter provided.
Such notice shall:
1.
Include a statement of the reasons for it being issued.
2.
Allow a reasonable time, up to a specific date, for the performance
of any act it requires.
3.
Include 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.
4.
Be served upon the owner or the owner's agent or the lessee,
tenant or the occupant, as the case may require, provided that such
notice shall be deemed to be properly served upon such owner or agent
or upon such lessee, tenant, occupant, if a copy thereof is served
upon them personally; or if a copy thereof is sent by certified mail,
return receipt requested, to the last known address; or if a copy
thereof is posted in a conspicuous place in or about the structure
or premises affected by the notice.
B.
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.
C.
If a warning notice is given as provided in Subsection (A) 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 (B), 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 that action is 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.
D.
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.
[R.O. 2008 §6-140; Ord. No. 1232 §1, 6-22-1987]
[R.O. 2008 §6-141; Ord. No. 1232 §1, 6-22-1987]
A.
This
Article establishes minimum standards for 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 Chapter 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 Chapter and such remaining portions shall
remain in full force and effect.
