Village of Marlborough, MO Occupancy Permits

[Ord. No. 08-457 §1, 7-14-2008]

Disclosure Of Occupancy Permit Requirement Upon Conveyance Or Rental. Every person who conveys or rents property and every real estate agent or broker, attorney or person acting on behalf of a person who conveys or rents property shall disclose in writing to the person(s) or entity(ies) to whom the property is being conveyed or rented that occupancy and re-occupancy permits are required for single-family residential dwelling units. Written disclosure shall be made prior to execution of any written contract for conveyance or rental of the property, or prior to conveyance or rental if no written contract is executed. For purposes of this Section, the term "person who conveys or rents property" shall include, in addition to the conveyor or landlord, any person or firm responsible for management of the property.

Occupancy And Re-occupancy Permits Required — Duty Of Notification.

Type I units. No person shall occupy or permit the occupancy of any Type I unit unless an occupancy or re-occupancy permit has been issued for said person's occupancy of that unit by the Code Official and the permit is available for inspection of the unit. A re-occupancy permit is required for each change of occupancy of a Type I unit. Occupants of a Type I unit who occupy a dwelling unit at the time this Section becomes effective are not required to obtain a re-occupancy permit until the first (1st) change of occupancy after this Article becomes effective.

Type II unit complexes. No re-occupancy permit shall be required for a Type II unit.

Applications. Applications for occupancy, re-occupancy and pre-occupancy permits shall be made on forms prescribed by the Code Official. The Code Official may establish administrative procedures to assure increased efficiency of the permitting process including, but not limited to, procedures to accept applications from owners before specific renters (occupants) are identified. These applications shall have associated inspections conducted but with the final permits withheld until the occupants are identified. The inspections in these cases shall remain valid for a minimum of one (1) year and shall require no further inspection in order to issue the re-occupancy permit.

New (not previously occupied) Type I and Type II units. The requirements of this Subsection (B) shall not apply to newly constructed Type I and Type II units.

Definitions. For purposes of this Section, the following definitions apply:

TYPE I UNITS

Include single-family residential dwelling units in buildings containing one (1) single-family dwelling unit and accessory structures, as well as each single-family residential dwelling unit in a building containing two (2) single-family residential dwelling units (some of which may also be known as a duplexes) and accessory structures and also includes residential dwelling units which are units of condominiums under Chapter 448, RSMo.

TYPE II UNITS

Include each single-family residential dwelling unit which is not a Type I dwelling unit. This includes, but may not be limited to, dwelling units that are in apartment complexes or in other buildings containing three (3) or more single-family residential dwelling units.

Content Of Occupancy Permit. The occupancy permit shall state the names, ages, relationships and number of occupants of the dwelling unit. All persons who occupy the premises of a dwelling unit must be listed on the occupancy permit or be subject to the penalties provided in this Code. In the case of rental property, the building or unit owner shall certify the information on the application to be true and accurate.

Report Of Change Of Occupancy. The owner, landlord, real estate broker, leasing agent and/or similar person for every dwelling unit in which a change of occupancy is imminent must report such change in occupancy to the Village Clerk so that the Building Inspector may inspect the structure according to the provisions of this Code. Failure to make such a report within thirty (30) days after the change in occupancy shall constitute a violation of this Section and the person(s) responsible for the failure shall be subject to the penalties of this Code.

Conditional Occupancy Permit. A temporary conditional occupancy permit may be issued by the Building Commissioner or his/her designee if, in his judgment, any deficiencies in structures covered in this Article would not seriously endanger the health or safety or the occupants of the community and provided that the owner makes a statement that he will correct the deficiencies within a specified time and thus bring the structure into compliance with the provisions of this Article. The occupant may then occupy the dwelling unit while repairs are being made. The occupant shall notify the Village Clerk when repairs are completed and, at such time as the dwelling complies with all the provisions of this Article, an occupancy permit will be issued and provided herein.

Visitor Defined. A "visitor" is a person who temporarily lives within the residence for a period not to exceed thirty (30) consecutive days. Said person need not be added to the occupancy permit if he/she inhabits the residence of another for a period of thirty (30) consecutive days or less ("visiting period"). If said residency exceeds the thirty (30) day period, the owner of the property must notify the Building Commissioner of a proposed additional occupant. Only one (1) visiting period shall be allowed for the same person in any calendar year before the aforesaid notification and occupancy permit amendment shall be required. The Building Commissioner or his/her designee shall be empowered to grant an extension of any requirement set forth herein based on a showing of circumstances by the resident holding the occupancy permit.

Penalty. Any person convicted of violating any provision of this Article shall be punishable by a fine not to exceed five hundred dollars ($500.00) and costs or imprisonment not to exceed ninety (90) days or both such fine and imprisonment.