[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]
A. 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.
B. Revisions. The following Sections of the International
Property Maintenance Code are hereby revised as follows:
1.
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".
2.
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".
a. 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.
b. 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.
c. 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.
3.
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."
4.
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.
5.
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.
6.
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.
7.
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."
8.
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."
9.
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]
a.
Section 309.1 Certificate of occupancy required.
1.
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.
2.
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.
3.
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).
b.
Section 309.2 Misrepresentations. It shall
be unlawful for any person to knowingly make any false statement:
1.
On an application for any certificate of occupancy;
2.
Relating to the permitted number of occupants;
3.
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;
4.
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;
5.
Relating to the issuance of a certificate of compliance or relating
to the violations contained within a City inspection report.
c.
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.
d.
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:
1.
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.
2.
Residential rental property. The term of the
certificate of occupancy for a residential rental unit shall be one
year from its date of issuance.
e.
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.
f.
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.
g.
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.
h.
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.
i.
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.
j.
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.
k.
Section 309.11 Pre-transfer activity; Application for
certificate required.
1.
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.
2.
After receiving such application, the Code Official shall cause
the property to be inspected to determine its compliance with the
provisions of this code.
3.
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.
4.
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.
l.
Section 309.11 Transfer of ownership or possession;
Certificate of compliance required.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
m.
Section 309.12 Correction required.
1.
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.
2.
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:
1.
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.
2.
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:
1.
Processing, storage and operation areas that require cooling
or special temperature conditions.
2.
Areas in which persons are primarily engaged in vigorous physical
activities."
[CC 2001 § 500.035]
Any person violating any of the provisions of this Article shall
be deemed guilty of a misdemeanor and upon conviction thereof shall
be fined in an amount not exceeding one thousand dollars ($1,000.00)
or be imprisoned in the City or County Jail for a period of not exceeding
three (3) months, or both such fine and imprisonment. Each day such
violation is committed or permitted to continue shall constitute a
separate offense and shall be punishable as such hereunder.