[Ord. No. 08-457 §1, 7-14-2008]
A. 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.
B. Occupancy And Re-occupancy Permits Required — Duty Of Notification.
1. 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.
2. Type II unit complexes. No re-occupancy permit
shall be required for a Type II unit.
3. 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.
4. 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.
5. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
[Ord. No. 08-457 §2, 7-14-2008]
The fee for an occupancy permit hereunder shall be equal to
the cost that the Village incurs under its contracts for inspections
plus the Village's costs for administering the permit process. The
current permit fee schedule shall be kept on file in the office of
the Village Clerk. This fee shall cover the initial inspection, one
(1) re-inspection if property failed the initial inspection, and one
(1) occupancy permit. The fee shall be paid prior to the time of the
inspection.
[Ord. No. 08-457 §3, 7-14-2008]
A. The
Village hereby authorizes St. Louis County to perform inspections
on all dwellings requiring such occupancy or re-occupancy inspections
as well as inspections for compliance with the property maintenance
code, including:
3. Interior of structure.
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Costs of inspections shall be as set forth in Section 1110.1065
of the St. Louis County Code, as amended.
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