[R.O. 2011 § 500.770; Ord. No. 13-259 § 1, 12-17-2013]
The purpose of Sections 500.780 through 500.820 of the Code of Ordinances of the City of Saint Charles, Missouri, as amended, is to provide for the health, safety and general welfare of the employees and customers of commercial establishments located in the City of Saint Charles through the establishment of a commercial unit inspection program. The commercial unit inspection program shall monitor the general condition of commercial buildings and spaces within the City through the establishment of a regularly scheduled inspection procedure. The occupancy inspection shall review health and safety concerns to assure that all necessary utility services are provided and functioning properly; all plumbing fixtures are in proper working condition; no unsafe electrical hazards exist; the structure is structurally sound; all windows are in place and unbroken; and there are no insect or rodent infestations.
[R.O. 2011 § 500.780; Ord. No. 13-259 § 1, 12-17-2013]
For the purpose of this Article,
the following definitions shall apply unless the context clearly indicates
or requires a different meaning:
A single unit occupied and used by a sole proprietorship,
joint venture, corporation or other business entity, either for-profit
or not-for-profit, including retail establishments where goods or
services are sold and professional corporations and other entities
where legal, medical, dental, engineering, architectural or other
professional services are delivered. Commercial units include but
are not limited to customer service areas, display areas, work areas,
private offices, employee lounges, restrooms, conference rooms, meeting
rooms and storage rooms.
The commission, attempted commission, conspiracy to commit
or the solicitation, coercion or intimidation of another person to
commit any crime which is chargeable by indictment or information
under Missouri law, including, but not limited to:
The Director of the Community Development Department or the
Director's designee.
[R.O. 2011 § 500.790; Ord. No. 13-259 § 1, 12-17-2013]
A.
It shall be unlawful after the adoption of this Article for any person to occupy or for any owner or agent thereof to rent or lease any commercial unit, or any part thereof, for any purpose until the owner or agent or tenant has applied for an occupancy certificate and a certificate has been issued by the Department of Community Development. A certificate shall be valid until such time as an inspection is required pursuant to Sections 500.810(A) or 500.820.
B.
The certificate shall state that the commercial
unit has been inspected and that the same is in compliance with the
provisions of this Article. The certificate shall also state the name
and address of the owner.
C.
It shall be unlawful for any person to
knowingly make any false statement in an application for an occupancy
certificate.
D.
By issuing an occupancy certificate, the
City does not intend to and does not warrant, insure or guarantee
to the holder thereof, to his/her assignee or to any other person
that there are no violations of any provision of this or any other
ordinance. The City makes no warranty or representation whatsoever
as to the condition of the unit or building.
[R.O. 2011 § 500.800; Ord. No. 13-259 § 1, 12-17-2013]
The fee for the occupancy certificate shall be fifty dollars ($50.00) for each commercial unit inspected. A twenty-five-dollar fee shall be charged if a private inspector conducts the inspection under Section 500.810(F). If a unit must be reinspected, there shall be no reinspection fee.
[R.O. 2011 § 500.810; Ord. No. 13-259 § 1, 12-17-2013]
A.
The Department of Community Development
is authorized to and may make inspections of commercial units upon
any change in use, tenancy or occupancy thereof after the adoption
of this Article. Said inspection shall occur prior to reoccupancy
of the commercial unit. At the discretion of the Director, an inspection
upon a change in use, tenancy or occupancy may be waived if it is
found that the unit in question has at least a one-year history of
compliance with these regulations and a limited period of time, generally
not to exceed one (1) year, has expired since the previous inspection
of said unit.
B.
The inspections shall be for the purpose
of determining whether the commercial unit conforms to the requirements
of this Article.
C.
For the purpose of making the inspection,
the Director is authorized to enter, examine and survey the premises
by appointment with the knowledge of the owner and tenant if occupied.
D.
The inspection shall determine compliance with the basic health and safety requirements of Section 500.770.
E.
If a violation is found, the owner shall
be given a reasonable length of time to make repairs prior to reinspection.
A temporary certificate of occupancy shall be issued while repairs
are being made unless a violation renders the premises unfit for human
habitation as determined in writing by the Department of Community
Development. No final certificate of occupancy shall be issued until
the commercial unit complies with the requirements of this Article.
F.
For the purpose of issuing an occupancy
certificate under this Article, inspections may also be performed
by private inspectors who are not employed by the City of St. Charles.
Such inspectors shall hold a current, valid certification issued by
the International Code Council (ICC) in its Property Maintenance Code
and shall utilize official inspection forms provided by the City.
The Department of Community Development shall verify all inspection
forms submitted by such inspectors. The submission of a materially
false inspection form by a private inspector shall be a violation
of this Chapter, and the City may revoke the approval of any private
inspector who fails to comply with any provision of this Article or
who fails to perform accurate inspections.
[R.O. 2011 § 500.820; Ord. No. 13-259 § 1, 12-17-2013]
If a commercial unit is the site
of criminal activity, then the following procedure shall be used to
inspect the commercial unit and to determine frequency of reinspections:
A.
The Chief of Police may request the Director to inspect a commercial unit which was a site of criminal activity to determine compliance of the property with Section 500.810(D).
B.
The Director may immediately inspect the dwelling unit to determine compliance of the property with Section 500.810(D).
C.
After the initial inspection of a commercial
unit, the Chief of Police and Director are authorized to determine
whether the premises shall be reinspected, and the Director is authorized
to reinspect the premises.
