City of St. Peters, MO Property Maintenance Code

[R.O. 2007 § 525.040; Ord. No. 4729 §§ 1—2, 1-26-2007; Ord. No. 5610 §§ 1—2, 6-23-2011; Ord. No. 5768 § 1, 6-28-2012; Ord. No. 5914 § 1, 4-25-2013; Ord. No. 6957, 5-10-2018; Ord. No. 7912, 12-21-2023]

The Code adopted in Section 525.010 is amended as follows:

101.1 Title. - Delete.

103.1 Creation Of Agency. - Delete.

107.1 Application For Appeal. A person shall have the right to appeal a decision of the Code Official to the Board of Appeals as established in Chapters 410 and 505 of the Municipal Code of the City of St. Peters. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the Code Official within twenty (20) days after the notice was served.

An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means, or that the strict application of any requirement of this code would cause an undue hardship.

107.2 Limitations Of Authority. - Delete.

107.3 Qualification. - Delete.

107.4 Administration - Delete.

Section 108 Board Of Appeals. - Delete.

108.1 Membership Of Board. - Delete.

109.4 Violation Penalties. - Delete.

10.

111.9.90 Temporary Abatement Boarding. A structure may be closed by securing all openings with locks and/or screwing them shut or by boarding. If boarding is used, it shall be installed per Appendix A. Oriented strand board (OSB) shall be installed with the smooth side facing out. Boarding may only be temporary for ninety (90) days. Failure of the owner or agent having charge of a property to remove the temporary boarding and repair the structure to comply with a correction notice shall be considered a violation of this Section. That owner or agent shall be subject to prosecution in accordance with Section 525.050. Further, in cases of non-compliance with any correction order in such notice of violation, the Code Official may cause the violation to be abated as provided in Section 113.

11.

112.1 Imminent Dangers. When, in the opinion of the Code Official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, or toxic chemicals and residue associated with the production of methamphetamine, the Code Official or his/her designee is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.

12.

112.90 Decontamination Protocol. Protocol for decontamination of structures where toxic chemicals are used in the production or stored for the production of methamphetamine. The following standards and protocols are established for the cleanup of toxic chemicals and residue associated with the production of methamphetamine.

13.

112.90.1 Applicability. The requirements of this Section apply when notice has been posted in accordance with Section 111 or Section 112 notifying the person(s) responsible that chemicals, equipment, or supplies indicative of a clandestine drug laboratory were located at the property, or when a drug laboratory is otherwise discovered.

14.

112.90.2 Definitions As Used In Sections 112.90 Through 112.90.8.

CHEMICAL STORAGE AREA

Any area where chemicals used in the manufacture of methamphetamine are stored or have come to be located or were located.

CONTAMINANT

A chemical and/or residue that may present an immediate or long-term threat to human health and the environment.

CONTAMINATION or CONTAMINATED

The presence of chemicals and/or residues, which may present an immediate or long-term threat to human health or the environment.

CONTRACTOR

One (1) or more qualified individuals or commercial entities hired to perform work in accordance with the requirement of this protocol.

COOKING AREA

Any area where methamphetamine manufacturing is occurring or has occurred.

DECONTAMINATION

The process of reducing the level of contamination to the lowest practical level using currently available methods. At a minimum, decontamination must reduce contamination of specified substances below the concentrations allowed by this protocol.

DEPARTMENT

The Health Department.

DISPOSAL

Handling, transportation, and ultimate disposition of materials removed from contaminated properties.

DOCUMENTATION

Preserving a record of an observation through writings, drawings, photographs, or other appropriate means.

FUNCTIONAL SPACE

A space where the spread of contamination may be expected to occur relatively homogeneously, compared to other functional spaces. The "functional space" may be a single room or a group of rooms, designated by an inspector who, based on professional judgment, considers the space to be separate from adjoining areas with respect to contaminant migration. Typical examples of functional spaces include a crawl space, an attic, and the space between a dropped ceiling and the floor or roof deck above.

MEDIA

The physical material onto which the sample substrate is collected. Media includes gauze, glass fiber filter, etc.

METHAMPHETAMINE

Dextro-methamphetamine, levo-methamphetamine, and unidentified isomers of the same, any racemic mixture of dextro/levo methamphetamine, or any mixture of unidentified isomers of methamphetamine. The term includes derivatives, conjugates, oxides, and reduced forms of the basic structure associated with the formation of methamphetamine. For the purposes of this protocol, this term includes amphetamine, ephedrine, and pseudoephedrine.

REMOVAL

The taking out or stripping of material or surfaces to eliminate the potential for exposure to contaminants on or in the material or surfaces.

SUBSTRATE

The material being collected. Substrates may include soils, water, painted surfaces, carpet or carpet debris, unidentified powders, dust, etc.

VACUUM SAMPLE

A non-airborne dust sample collected from a known surface area of a porous surface or material using standard micro-vacuum sampling techniques.

WASTE DISPOSAL AREA

Any area where chemicals used or generated in the manufacture of methamphetamine are disposed of or have come to be located.

WIPE SAMPLE

A surface sample collected by wiping a sample media on the surface being sampled.

15.

112.90.3 Assessment. When law enforcement personnel discover toxic chemicals associated with the production of methamphetamine, or where the equipment and chemicals to produce methamphetamine are present in sufficient quantities to warrant enforcement action, the structure shall be considered unsafe for human habitation and shall be posted. A structure or unit that is posted as unsafe shall not be occupied until the Code Official orders that status removed.

16.

112.90.4 Procedures For Assessment, Sampling, And Testing. While posting of the structure constitutes notice, the Code Official shall also attempt to contact the owner of record of the affected property, or the owner's agent, by sending a notice in accordance with Section 111.4.

Notice shall inform the owner to contact the Health Department to establish a schedule for decontaminating the structure. If the owner does not contact the Health Department within the time specified in the notice, the Code Official may request the electrical utility to disconnect the electric service to ensure the structure is not reoccupied until decontamination is performed.

The owner must employ the services of a company that the Code Official shall determine is qualified to perform sampling and to analyze the samples. The results of the analysis shall be provided to the Code Official.

Testing shall be performed in accordance with current U.S. Environmental Protection Agency (EPA) guidelines pertaining to methamphetamine and fentanyl laboratory cleanup.

17.

112.90.5 Contamination Levels. A structure will be considered unsafe and non-compliant if it is found to contain more than the following levels of any of these chemicals or exceeds the exposure limits established by the National Institute for Occupational Safety and Health (NIOSH):

Red Phosphorus — any amount.

Iodine Crystals — C 0.1 ppm (1 mg/m3).

Sulfuric Acid — TWA 1 mg/m3.

Hydrogen Chloride — C 5 ppm (7 mg/m3).

Hydrochloric Acid (Hcl gas).

Methamphetamine in a concentration equal to or greater than 1.5 ugram/100 cm2.

If it is determined that the phenyl-2-propanone (P 2 P) method of methamphetamine manufacturing was used, surface levels for lead in excess of 20 ug/ft2 and vapor samples for Mercury in excess of 50ng/m3).

18.

112.90.6. Decontamination. If testing reveals the presence of contamination in levels that exceed the standards set forth in 112.90.5 of this Section, the owner will be required to hire a qualified contractor to decontaminate the structure and will advise the Code Official of the schedule for decontamination. At a minimum, to be qualified to perform decontamination, contractors and all personnel must have completed the forty-hour Hazardous Waste Operations and Emergency Response (HASWOPER) training [Occupation Safety and Health Administration (OSHA) 29 CFR 1910] and a clandestine drug lab assessment and decontamination course that is provided by a sponsor acceptable to the Code Official.

The schedule for the work and evidence that the contractor has met the minimum training requirement must be submitted for approval to the Code Official within forty-eight (48) hours of the receipt of notice. Approval will be based solely on the timeliness of the schedule and the qualifications of the contractor. Approval or rejection of the schedule will be provided within twenty-four (24) hours of submission. If rejected, the owner will be informed of specific reasons for the rejection and will be required to amend the schedule or the proposed contractor. Decontamination shall be performed in accordance with current U.S. Environmental Protection Agency (EPA) guidelines pertaining to methamphetamine and fentanyl laboratory cleanup.

If the owner of the property determined to be in violation of the minimum allowable levels of chemicals as provided in this protocol fails to voluntarily mitigate the violation, the Code Official may serve a Notice of Violation and proceed in accordance with Section 113 Demolition. The Code Official may request the electrical utility to disconnect electrical service until the decontamination is complete.

19.

112.90.7 Post-Decontamination Sampling. When the owner arranges for decontamination, following the completion of the work the owner will notify the Code Official that work is complete and the owner must provide test results as evidence that the property is compliant with this regulation. The post-remediation sampling and testing must be performed by a company the Code Official has determined to be qualified and done in accordance with current U.S. Environmental Protection Agency (EPA) guidelines pertaining to methamphetamine and fentanyl laboratory cleanup.

20.

112.90.8 Final Action. After the property has been decontaminated and the Code Official is in possession of evidence that the pertinent chemical levels are below the levels established by this regulation, the structure will be considered safe and suitable for the performance of a full inspection for an occupancy permit. If electric service has been disconnected, the Code Official will notify the electrical utility that the unsafe condition has been mitigated and service can be restored. The property owner shall be responsible for any re-connection fees.

21.

Section 113 Demolition. - [Amend in its entirety to read] Section 113.90 Demolition Of Public Nuisances.

22.

113.90.1 Dangerous Building Defined. All buildings that are detrimental to the health, safety, or welfare of the residents of the City and that have any or all of the following defects shall be deemed "dangerous buildings":

Those with interior walls or other vertical structural members that list, lean, or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle third of its base;

Those that, exclusive of the foundation, show thirty-three percent (33%) or more damage to or deterioration of the support member or members, or fifty percent (50%) damage to or deterioration of the non-supporting enclosing or outside walls or covering;

Those that have improperly distributed loads upon the floors or roofs, or in which the same are overloaded or have insufficient strength to be reasonably safe for the purpose used;

Those that have been damaged by fire, wind, or other causes so as to become dangerous to life, safety, or the general health and welfare of the occupants or the people of the City;

Those that are so dilapidated, decayed, unsafe, unsanitary or that so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to cause injury to the health, safety or welfare of those occupying such building;

Those having light, air, and sanitation facilities that are inadequate to protect the health, safety, or general welfare of human beings who live or may live therein;

Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other adequate means of evacuation;

Those having parts thereof that are so attached that they may fall and injure members of the public or property;

Those because of their condition are unsafe, unsanitary, or dangerous to the health, safety, or general welfare of the people of this City;

Those because of failure to install or maintain sufficient water supply for fire protection; or

Those because of the failure to remove boarding and repair structure.

23.

113.90.2 Dangerous Buildings Declared Nuisance. All dangerous buildings, as defined in Section 113.90.1, are hereby declared to be public nuisances and shall be repaired, vacated, or demolished as provided herein.

24.

113.90.3 Standards For Repair, Vacation, Or Demolition. The following standards shall be followed in substance by the Code Official in ordering the repair, vacation, or demolition of any dangerous building.

If the dangerous building reasonably can be repaired so that it no longer will exist in violation of the terms of this Section 113, it shall be ordered repaired. Repair of buildings or structures will require the appropriate permits from the building department as contained in Chapters 504 and 505 of the Municipal Code of St. Peters.

If the dangerous building is in such condition as to make it dangerous to the health, safety, or general welfare of its occupants, it shall be ordered to be vacated and repaired.

In all cases where a building cannot be repaired so that it no longer will exist in violation of the terms of this Section 113, it shall be demolished. Demolition of buildings or structures will require the appropriate permits from the building department as contained in Chapters 504 and 505 of the Municipal Code of St. Peters.

In all cases where a dangerous building is a fire hazard existing or erected in violation of the terms of this Section 113 or any ordinance of this City or Statute of the State of Missouri, it shall be repaired or demolished.

25.

113.90.3.1 Procedure And Notice. The Code Official shall have the duty under this Section 113.90 to:

Inspect, or cause to be inspected, as often as may be necessary, all residential, institutional, assembly, commercial, industrial, garage, special, or miscellaneous occupancy buildings for the purpose of determining whether any conditions exist that render such places a dangerous building when he/she has reasonable grounds to believe that any such building is dangerous.

Inspect any building, wall, or structure about which complaints are filed by any person to the effect that a building, wall, or structure is or may be existing in violation of this Section 113, and the Code Official determines that there are reasonable grounds to believe that such building is dangerous.

Inspect any building, wall, or structure reported by the Fire or Police Departments of this City as probably existing in violation of this Section 113.

Notify, in writing, either by personal service or by certified mail, return receipt requested, or if service cannot be had by either of these modes of service, then service may be had by publication in a newspaper qualified to publish legal notices for two (2) successive weeks, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of St. Charles County of any building found by the Code Official to be a dangerous building within the standards set forth in Section 113.90.1.

The notice required shall state that:

The owner must vacate, vacate and repair or vacate and demolish said building and clean up the lot or property on which the building is located in accordance with the terms of the notice and this Section 113.90;

The occupant or lessee must vacate said building or have it repaired in accordance with the notice and remain in possession;

The mortgagee, agent, or other persons having an interest in said building as shown by the land records of the Recorder of Deeds of St. Charles County wherein the land is located may, at his/her own risk, repair, vacate, or demolish the building and clean up the property or have such work done, provided that any person notified under this Subsection to repair, vacate or demolish any building, or clean up the property shall be given such reasonable time not exceeding thirty (30) days to commence the required work; and

Shall state a description of the building or structure deemed dangerous, a statement of the particulars that make the building or structure a dangerous building, and an order requiring the designated work to be commenced within the time provided for in the above Subsection.

Report in writing to the City Health and Code Enforcement Manager the noncompliance with any notice to vacate, repair, demolish, clean up the property or upon the failure to proceed continuously with the work without unnecessary delay.

Appear at all hearings conducted by the Health and Code Enforcement Manager and testify as to the condition of dangerous buildings.

Immediately report to the Health and Code Enforcement Manager concerning any building found by him to be inherently dangerous and that he/she determined to be a nuisance per se. The Health and Code Enforcement Manager may direct that such building be marked or posted with a written notice reading substantially as follows:

"This building has been found to be a dangerous building by the City Inspector. This notice is to remain on this building and/or property until it is repaired, vacated or demolished and the property is cleaned up in accordance with the notice that has been given the owner, occupant, lessee, mortgagee or agent of this building, and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of St. Charles County. It is unlawful to remove this notice until such notice is complied with."

Provided, however, that the order by the Health and Code Enforcement Manager and the posting of said notice shall not be construed to deprive any persons entitled thereto by this Section 113 to the notice and hearing prescribed herein.

26.

113.90.3.2 Duties Of The Code Official. The Code Official is hereby authorized and directed to enforce the provisions of this Code. The Code Official shall have the authority to render interpretations of this Code and adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall be in compliance with the intent and purpose of this Code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this Code. The Code Official shall have the power pursuant to this Section 113 to:

Supervise all inspections required by this Section 113 upon receiving a complaint or report from any source that a dangerous building exists in the City. The Health and Code Enforcement Manager shall cause an inspection to be made forthwith. If the Health and Code Enforcement Manager deems it necessary to the performance of his/her duties and responsibilities imposed herein, the Health and Code Enforcement Manager may request an inspection and report be made by any other City department or retain services of an expert whenever the Health and Code Enforcement Manager deems such service necessary.

Upon receipt of a report from the Code Official indicating failure by the owner, lessee, occupant, mortgagee, agent or other person(s) having interest in said building to commence work of reconditioning or demolition within the time specified by this Section 113 or upon failure to proceed continuously with work without unnecessary delay, the Health and Code Enforcement Manager shall hold a hearing giving the affected parties full and adequate hearing on the matter. Written notice, either by personal service or by certified mail, return receipt requested, or by publication of two (2) successive weeks in a newspaper qualified to publish legal notices, at least ten (10) days in advance of a hearing date, shall be made to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds for St. Charles County wherein the land is located, to appear before the Health and Code Enforcement Manager on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Code Official's notice as provided herein. Any party may be represented by counsel and all parties shall have an opportunity to be heard.

Make written findings of fact from the evidence offered at said hearing as to whether or not the building in question is a dangerous building within the terms of Section 113.90.1.

If the evidence supports a finding based upon competent and substantial evidence that the building or structure is a dangerous building, the Health and Code Enforcement Manager shall issue an order based upon its findings of fact commanding the owner, occupant, mortgagee, lessee, agent or other person(s) having an interest in said building as shown by the land records of the Recorder of Deeds for St. Charles County wherein the land is located to repair, vacate or demolish any building found to be a dangerous building and to clean up the property, provided that any person so notified shall have the privilege of either repairing or vacating and repairing said building, if such repair will comply with the ordinance of this City, or the owner or any person having an interest in said building as shown by the land records of St. Charles County wherein the land is located may vacate and demolish said dangerous building at his/her own risk to prevent the acquiring by the City of the lien against the land where the dangerous building stands. If the evidence does not support a finding that a building or structure is a dangerous building, no order shall be issued.

If the owner, occupant, mortgagee, or lessee fails to comply with the order within thirty (30) days, the Health and Code Enforcement Manager shall cause such building or structure to be repaired, vacated, or demolished and the property cleaned up as the facts may warrant; and the Health and Code Enforcement Manager shall certify the cost of the work borne by the City for such repair, vacation or demolition or cleanup to the City Clerk as a special assessment represented by a special tax bill against the real property affected; said tax bill shall be a lien upon said property and shall be deemed a personal debt against the property owner(s) unless the building or structure is demolished, secured or repaired by a contractor pursuant to an order issued by the City and such contractor files a mechanic's lien against the property where the dangerous building is located. The contractor may enforce this lien as provided in Sections 429.010 to 429.360 Revised Statutes of Missouri. Except as provided in Subsection (f) of this Section, at the request of the taxpayer this special tax bill may be paid in installments over a period of not more than ten (10) years; said assessment shall bear interest at the rate of eight percent (8%) per annum until paid.

As to damage or loss to a building or other structure caused by or arising out of any fire, explosion, or other casualty loss, if an order is issued by the Health and Code Enforcement Manager as provided in Subsection (d) of this Section, and a special tax bill or assessment is issued against the property, it shall be deemed a personal debt against the property owner. If there are proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building or other structure caused by or arising out of any fire, explosion, or other casualty loss, the following procedure is established for the payment of up to twenty-five percent (25%) of the insurance proceeds, as set forth in Subdivisions (1) and (2) of this Subsection. This Subsection shall apply only to a covered claim payment that is in excess of fifty percent (50%) of the face value of the policy covering a building or other structure:

The insurer shall withhold from the covered claim payment up to twenty-five percent (25%) of the covered claim payment and shall pay such monies to the City to deposit into an interest-bearing account. Any named mortgagee on the insurance policy shall maintain priority over any obligation under the ordinance.

The City shall release the proceeds and any interest that has accrued on such proceeds received under Subdivision (1) of this Subsection to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after the receipt of such insurance monies, unless the City has instituted legal proceedings under the provisions of Subsection (e) of this Section, If the City has proceeded under the provisions of Subsection (e) of this Section, all monies in excess of that necessary to comply with the provisions of Subsection (e) of this Section for the removal, securing, repair and cleanup of the building or structure and the lot on which it is located, less salvage value, shall be paid to the insured.

If there are no proceeds of any insurance policy as set forth in Subsection (f) of this Section, at the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from date of its issuance shall be a lien on the property and a personal debt against the property owner(s) until paid.

Subsection (f) of this Section shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.

The Health and Code Enforcement Manager may certify in lieu of payment of all or part of the covered claim under Subsection (f) that it has obtained satisfactory proof that the insured has removed or will remove the debris and repair, rebuild or otherwise make the premises safe and secure. In this event, the Health and Code Enforcement Manager shall issue a certificate within thirty (30) days after the receipt of proof to permit covered claim payment to the insured without the deduction pursuant to Subsection (f) of this Section. It shall be the obligation of the insured or other person making the claim to provide the insurance company with the written certificate provided from this Subsection.

27.

113.90.3.2.1 Delegation Of Duties By Code Official. In accordance with the prescribed procedures of this jurisdiction the Code Official shall have the authority to delegate certain duties for the review and enforcement of the Property Maintenance Codes of the City of St. Peters.

28.

113.90.3.3 Appeal Of Notice Of Demolition. Any owner, occupant, lessee, mortgagee, agent, or any other person(s) having an interest in a dangerous building as shown by the land records of the Recorder of Deeds of St. Charles County, Missouri, wherein the land is located may, within thirty (30) days from the receipt of the order of the Code Official, appeal such decision to the Circuit Court of the County wherein the land is located, pursuant to the procedure established in Chapter 536 of the Revised Statutes of Missouri.

29.

113.90.4 Emergencies. In cases where it reasonably appears that there is immediate danger to the health, life, or safety of any person unless a dangerous building, as defined herein, is immediately repaired, vacated, or demolished and the property is cleaned up, the Building Inspector shall report such facts to the Code Official and the Code Official may cause the immediate repair, vacation or demolition of such dangerous building and clean up the property. The costs of such emergency repair, vacation, or demolition of such dangerous building shall be collected in the same manner as provided.

30.

113.90.5 Violation; Disregarding Notices Or Orders.

The owner, occupant, or lessee in possession of any dangerous building who shall fail to comply with the order to repair, vacate, or demolish said building given by the Code Official shall be guilty of an ordinance violation hereof and upon conviction shall be punishable as set forth in Section 525.050 of the Municipal Code of the City of St. Peters.

Any person removing any notices provided for in this Section 113 shall be guilty of an ordinance violation and upon conviction shall be punished in accordance with Section 525.050 of the Municipal Code of the City of St. Peters.

31.

Section 114.90 Exterior Property Maintenance Program.

32.

114.90.1 General. The exterior of all property in the City of St. Peters may be inspected for compliance with this code. Whenever the Code Official determines that there has been a violation of this code that does not create an unsafe condition that would require action under Sections 111, 112, or 114.90., notice shall be given to the owner or the person responsible therefore in the manner prescribed in Sections 114.90.2 and 114.90.3.

33.

114.90.2 Form. Such notice prescribed in Section 114.90.1 shall:

Be in writing.

Include a description of the property sufficient for identification.

Include a statement of reason or reasons why the notice is being issued and identify the code Section that is in violation.

Include a correction order allowing a reasonable time for repairs and improvements required to bring the building or structure into compliance with this code, pending weather conditions.

Include an explanation of the owner's right to appeal the order contained in the notice.

34.

114.90.3. Method Of Service. First notice may be by form prepared for this purpose and mailed to the owner of record by regular mail. If due to non-compliance of first notice, legal service of subsequent notices and orders shall be as required in Section 111.4.2 of this code.

35.

114.90.4 Summons. If no appeal is pending per Section 107.1 and subsequent orders meeting Section 107 have not been complied with, the Code Official shall cause the issuance of a Municipal Court summons to the responsible parties.

36.

114.90.5 Reoccurrence. If violations of the exterior property maintenance requirements of this code reoccur on the same property or premise more than once during a calendar year, the Code Official or his/her designee may, without further notification, cause the issuance of a summons to Municipal Court. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

37.

302.4 Weeds. (Refer to Chapter 215, Section 215.010(H) of the Municipal Code of the City of St. Peters.)

38.

302.7 Accessory Structures. All accessory structures, including detached garages, fences, and walls shall be maintained structurally sound and in good repair, free from holes, breaks, loose or rotting materials, mold and mildew (excluding roofs), or other conditions reflective of deterioration or inadequate maintenance.

39.

302.8 Motor Vehicles, Trailers, Etc. (Refer to Chapter 217 of the Municipal Code of the City of St. Peters.)

40.

304.6. Exterior Walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; maintained structurally sound and in good repair, free of broken glass, crumbling stone, brick or stucco, rotted wood, mold or mildew, or other conditions reflective of deterioration or inadequate maintenance and maintained weatherproof and properly surface-coated where required to prevent deterioration.

41.

304.14 Insect Screens. Every door, window, and other outside opening utilized or required for ventilation purposes service any structure containing 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 screens of not less than sixteen (16) mesh per inch and every swinging door shall have a self-closing device in good working condition.

Exception: Screen doors shall not be required where other approved means, such as air curtains or insect-repellent fans, are employed.

42.

404.5 Overcrowding. The number of persons occupying a dwelling unit shall not create conditions that may endanger the life, health, safety, or welfare of the occupants.

43.

507.1 General. Drainage of roofs, paved areas, yards, courts, other open areas, and subsurface drainage systems on the premises shall be discharged per a site plan approved by the City of St. Peters, Missouri, or if no plan is required, a minimum of five (5) feet from a property line, and shall not be discharged in a manner that creates a public nuisance.

44.

602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one (1) or more dwelling units or sleeping units on terms, either express or implied, to furnish heat to the occupants thereof shall supply sufficient heat during the period from September 1 to May 1 to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms, and toilet rooms.

45.

602.4 Occupiable Work Spaces. Indoor occupiable work spaces shall be supplied with heat during the period from September 1 to May 1 to maintain a minimum temperature of not less than sixty-five degrees Fahrenheit (65° F.) (18° C.) during the period the spaces are occupied.

Exceptions:

Processing storage and operation areas that require cooling or special temperature conditions.

Areas in which persons are primarily engaged in vigorous physical activities.

[Ord. No. 7912, 12-21-2023]

Definitions. As used in this Chapter, the following terms shall have the meanings indicated:

NON-OWNER-OCCUPIED PROPERTY

A residential dwelling unit that is owned by a person who does not occupy it as their primary residence and the occupant is not the owner on file with the St. Charles County Recorder of Deeds. This definition shall apply to single-family residential and multi-family units, including, but not limited to, homes, townhomes, condominiums, duplexes, and apartments.

OWNER-OCCUPIED DWELLING UNIT

A dwelling unit for which the occupant thereof is expressly named as an owner of the dwelling unit, or is a trustee or beneficiary of a trust that is expressly named as an owner of the dwelling unit, all as indicated upon the deed of record on file in the office of the Recorder of Deeds of St. Charles County, Missouri.

PERSON

An individual, heirs, executors, trustee, administrators or assigns, its or their successors or assigns, or the agent of any of the aforesaid. The term "person" shall also mean a firm, partnership, copartnership, company, corporation, association, joint stock company, joint venture, trust, estate, organization or combination of individuals, of any kind, character, form or nature whatsoever, its or their successors or assigns, or an officer, manager, member, partner, employee, executor, trustee, administrator or agent of any of the aforesaid.

REOCCUPANCY

A change in tenancy or occupancy of a non-owner-occupied dwelling.

REOCCUPANCY PERMIT (CERTIFICATE OF OCCUPANCY)

Authorization from a Code Official to reoccupy a dwelling unit and required each time there is a change in tenancy or occupancy.

Use And Occupancy — Non-Owner-Occupied Dwelling Units. A dwelling unit shall not be occupied upon a change in occupancy thereof, nor shall any owner or agent thereof permit, allow, or cause any dwelling unit to be occupied upon a change in occupancy thereof until the Code Official has issued a reoccupancy permit therefor as provided herein. A reoccupancy permit shall be required for each change of occupancy of a dwelling unit.

Applications And Issuance Of Reoccupancy Permit.

Applications.

Prior to the occupancy of a dwelling unit upon a change in occupancy thereof, the owner of such dwelling unit shall make a written application to the Code Official for a reoccupancy permit on a form to be furnished by the City for that purpose.

Such application shall include such information as necessary to administer and enforce the provisions of and to ensure compliance with the provisions of this code.

Action On Application And Reoccupancy Inspections.

Action On Application. The Code Official shall examine or cause to be examined applications for reoccupancy permits and amendments thereto and shall inspect or cause to be inspected each dwelling unit to be covered by the reoccupancy permit and all common areas thereto, if any, within a reasonable time after filing, before a reoccupancy permit is issued.

Authorized To Inspect. The Code Official is authorized to and may make reoccupancy inspections of the dwelling unit to be covered by the reoccupancy permit and all common areas thereto, if any, upon a change in occupancy thereof. Such reoccupancy inspections shall be for the purpose of determining whether such dwelling unit and all common areas thereto, if any, comply with the provisions of the City of St. Peters, Missouri, Zoning and Subdivision Codes, as amended, the St. Peters Property Maintenance Code, as amended, and Chapter 215 of the St. Peters City Code, as amended.

Inspection of Dwelling Unit and Common Areas. For the purpose of making the reoccupancy inspection, the Code Official is authorized to enter, examine and survey the dwelling unit and all common areas thereto, if any, by appointment with the knowledge of the owner thereof, and, if illegally occupied, the tenant. Should any owner, tenant, occupant or other person in charge of a dwelling unit, the common areas thereto, or building or structure fail or refuse to permit free access and entry to the dwelling unit and all common areas, if any, under control for any reoccupancy inspection pursuant to this Code, then the Code Official may seek a search warrant or other appropriate court order authorizing such reoccupancy inspections. Under this Section, common areas shall not be subject to independent inspection but shall only be inspected in conjunction with the reoccupancy inspection of a dwelling unit.

Reoccupancy Permit And Inspection Fees. At the time of filing an application for a reoccupancy permit, a reoccupancy permit and inspection fee as set out in Appendix A of this Title shall be charged and collected. No reoccupancy permit shall be valid until such reoccupancy permit and inspection fee as set out in Appendix A of this Title has been paid in full. (See Attachment 1 - Appendix A of Title V of the Municipal Code of the City of St. Peters, Missouri.)

Issuance Of Reoccupancy Permit. If, upon completion of the reoccupancy inspection of the dwelling unit and the common areas thereto, if applicable, the Code Official finds that the dwelling unit is in compliance with the City of St. Peters, Missouri, Zoning and Subdivision Codes, as amended, the St. Peters Property Maintenance Code, as amended, and Chapter 215 of the St. Peters City Code, as amended, the Code Official shall, as soon as practicable, issue a reoccupancy permit therefor which shall contain at least the following:

The reoccupancy permit number;

The address of the principal building or structure to which the subject dwelling unit is located;

The name and address of the owner;

A description of the dwelling unit and common areas, if applicable, for which the reoccupancy permit is issued;

A statement that the described dwelling unit and common areas, if applicable, have been inspected for compliance with the requirements of this Code;

The date of such reoccupancy inspection;

The name of the Code Official;

The edition of the code under which the permit was issued;

If an automatic sprinkler system is provided and whether the sprinkler system is required; and

Any special stipulations and conditions of the reoccupancy permit.

Inspection Deficiency. If the Code Official finds that the dwelling unit is not in compliance with any requirement of the City of St. Peters, Missouri, Zoning and Subdivision Codes, as amended, the St. Peters Property Maintenance Code, as amended, or Chapter 215 of the St. Peters City Code, or any combination or combinations thereof, have not been met or if a violation is found, the Code Official shall transmit or cause to be transmitted to the owner a written denial specifying the defect(s) or violation(s), or both. If a defect or violation is found, the owner shall be given a reasonable length of time to make repairs and bring the dwelling unit or common areas, if applicable, or both, into compliance prior to reinspection. No final reoccupancy permit shall be issued until the dwelling unit and the common areas thereto, if applicable, complies or comply with the requirements of this Section. Issuance of a reoccupancy permit shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the City. Reoccupancy permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the City shall not be valid.

Suspension Or Revocation. The Code Official is authorized to, and the Code Official shall, in writing, suspend or revoke a reoccupancy permit issued under the provisions of this code wherever the reoccupancy permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this Code, as amended.

Exception — Owner-Occupied Dwelling Unit. The provisions of Sections 525.045(B) to 525.045(D) hereof shall not apply to the following:

Lawful occupancies existing on or before August 26, 2021; or

The provisions of this Section 525.045 shall not apply to an owner-occupied dwelling unit used exclusively as the primary residence of the owner, and wherein no home occupation is conducted.