[Ord. No. 402 §1, 12-8-2010]
A.
The
purpose of this Chapter is to protect the public health, safety and
general welfare of the people in the City in non-owner occupied dwellings,
including:
1.
To protect the character and stability of residential areas;
2.
To correct and prevent housing conditions that adversely affect or
are likely to adversely affect the life safety, general welfare and
health, including the physical, mental and social well-being of persons
occupying dwellings;
3.
To provide minimum standards for cooking, heating, and sanitary equipment
necessary to health and safety;
4.
To provide minimum standards for light and ventilation, necessary
to health and safety;
5.
To provide minimum standards for the maintenance of existing residential
buildings and to thus prevent slums and blight;
6.
To preserve the value of land and buildings throughout the City.
|
|
With respect to the rental disputes, except as otherwise specifically
provided by this Chapter, it is not the intention of the City of Lake
Waukomis to intrude upon contractual relationships between tenant
and landlord. The City of Lake Waukomis does not intend to intervene
as an advocate of either party, nor to act as an arbiter, nor to be
receptive to complaints from tenant or landlord, which is not specifically
and clearly relevant to the provisions of this Chapter. In the absence
of such relevancy with regard to rental disputes, it is intended that
the contracting parties exercise such legal sanctions as are available
to them without intervention of City Government.
|
[Ord. No. 517, 7-11-2018; Ord. No. 537, 5-8-2019]
A.
Short-term
rental means a rental of any single-family home, or a portion of such
a legally permitted dwelling unit for a period of less than sixty
(60) consecutive calendar days.
B.
Transient
guest means any person, other than the owner, who occupies any single-family
home, or a portion of such a legally permitted dwelling unit, for
a period of less than sixty (60) continuous days.
C.
Short-term rentals shall be prohibited within the City of Lake Waukomis. The owner and/or transient guest may be jointly and severally liable for violations of this Section. Pursuant to Section 100.220 of this Code, each and every day during any portion of which a violation of this Section is committed, continued or permitted, shall be a separate offense.
[Ord. No. 402 §2, 12-8-2010; Ord. No. 518, 7-11-2018]
In addition to the prohibition set forth in Section 520.015, it shall be unlawful for any person, firm or corporation to conduct or operate or cause to be rented either as owner, lessee, lessor, agent or manager within the City any dwelling used for human habitation for a period of time in excess of thirty (30) days without having first obtained a permit to do so as provided in this Chapter.
[Ord. No. 402 §3, 12-8-2010]
Effective January 1, 2011, the owner of each rental dwelling
existing on the effective date shall make written application to the
Building Inspector for a permit for such use on a form to be supplied
by the City and containing such information as necessary to administer
and enforce the provisions of, and to insure compliance with, the
provisions of this Chapter, and the Housing Code in its entirety.
In addition, the legal owner of record of each rental dwelling, as
hereinbefore stated, constructed or put into rental service after
the effective date of this Chapter shall make written application
to the Building Inspector for a permit as herein provided and receive
a satisfactory rating for the property prior to any initial occupancy.
[Ord. No. 402 §4, 12-8-2010]
A.
Upon
completion of the inspection of the building or buildings, if the
Inspector finds the requirements of the City Codes and Zoning Ordinance
have been met, a permit certifying such facts shall be issued. If
the Inspector finds that the requirements of the City Code and/or
Zoning Ordinance have not been met, a written denial specifying the
defects shall be transmitted to the applicant.
B.
All
City real estate taxes must be current to obtain a permit.
C.
When
a permit has been denied, expired, suspended, or revoked, no further
rental and occupancy of a dwelling then vacant or which may become
vacant shall be permitted until a permit has been issued.
[Ord. No. 402 §5, 12-8-2010]
After the initial inspection, a permit shall be renewed every
year on January first (1st) commencing with January 1, 2011 or any
change of ownership. So that the privacy of occupants is honored,
notification of inspection of occupied dwellings shall be given at
least seven (7) days prior to the date on which inspection is to be
performed. This notification shall be deemed served by either hand
delivery or posted upon the property to be inspected.
[Ord. No. 402 §6, 12-8-2010]
A permit may be suspended upon a finding by the Inspector that
one (1) or more of the requirements of the housing code have been
violated. The Inspector shall give written notice to the permit holder
of the violations of the housing code. Upon failure of the permit
holder to correct the violations as stated in the notices of violation,
the permit may be revoked in the manner provided by ordinance for
the revocation of permits. The suspended permit may be reinstated
upon meeting the requirements of the code.
[Ord. No. 402 §7, 12-8-2010]
Permits issued under this Section shall be produced on the request
of a tenant or prospective tenant, and shall be available at reasonable
times for inspection by an authorized Building Inspector.
[Ord. No. 402 §8, 12-8-2010; Ord. No. 498, 12-14-2016; Ord. No.
533, 12-21-2018]
A.
At
the time of application for the permit or for permit renewal as required
by this Section, the City Clerk shall collect the appropriate permit
fee and inspection fee as set forth in a Schedule approved by the
Board of Aldermen, as amended from time to time.
B.
All
current rental units on file with the City of Lake Waukomis as of
January 1, 2011, will have the initial inspection waived. Any residences
registered after January 1, 2011, will require the annual permit and
inspection fees as set forth in a Schedule approved by the Board of
Aldermen, as amended from time to time.
C.
The
above permit fee shall be tendered with application for first (1st)
issuance of permit and thereafter on an annual basis or a change of
ownership. If a permit is denied or suspended, the permit and inspection
fee is non-refundable. A re-inspection fee as set forth in a Schedule
approved by the Board of Aldermen, as amended from time to time, will
be required when dwelling becomes vacant and prior to occupancy of
new tenant.
[Ord. No. 402 §9, 12-8-2010]
The Building Inspector shall report to the Board of Aldermen
on the results of this program annually.
[Ord. No. 402 §10, 12-8-2010]
Any person convicted of violating any provisions of this Chapter
shall be fined not less than one hundred fifty dollars ($150.00) nor
more than five hundred dollars ($500.00), confinement in jail for
not more than ninety (90) days, or both such fine and confinement.
[Ord. No. 402 §11, 12-8-2010]
Every building and its premises used in a rented home or rented
residence for a single person or family shall conform to the requirements
of this Chapter, irrespective of when such building may have been
constructed, altered, or repaired.
[Ord. No. 402 §12, 12-8-2010]
As used in this Chapter, the following terms shall have the
following meanings, unless the context clearly indicates that a different
meaning is intended:
Complying with all applicable City ordinances and City Code.
A roofed and walled structure built for use as a dwelling.
Where mentioned, shall include the Building Inspector or
any person authorized by him.
The City of Lake Waukomis, Missouri.
An imperfection that causes inadequacy or failure; a shortcoming.
A single residential dwelling which is arranged, designed,
used or, if vacant, intended for use exclusively as a domicile for
one (1) person or one (1) family unit. Single residential definition
applies to the structure. Dwelling will not have separate entrances
for separate occupants, nor shall the structure be divided into separate
interior units by solid walls. Only one (1) meter per utility will
be allowed.
A toilet bowl flushed with water with a water-sealed trap.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking, and consumption of food.
Any building that meets minimum standards for use as a home
or place of abode by one (1) or more persons.
Water heated to a temperature of not less than one hundred
twenty degrees Fahrenheit (120°F) measured at faucet outlet.
The inspector(s) of the City includes Building Inspector,
Fire, Police or any other person as authorized by the Building Inspector.
A space which contains a sink with counter working space,
adequate space for installing cooking and refrigeration equipment,
and adequate space for the storage of cooking utensils.
Any person including owner or operator living, sleeping,
cooking and eating in a dwelling.
The owner or his agent who has charge, care, control, or
management of a dwelling.
Any person, partnership, firm, or corporation who, alone,
jointly, or severally with others, shall be in actual possession of,
or have charge, care or control of, any dwelling within the City as
owner, employee or agent of the owner, or as trustee or guardian of
the estate or person of the title holder. Any such person representing
the actual owner shall be bound to comply with the provisions of this
Chapter to the same extent as the owner.
An individual, firm, partnership, association, limited liability
corporation, limited liability company, corporation or joint venture
or organization of any kind.
All of the following supplied facilities and equipment in
a dwelling: gas pipes, gas- burning equipment, water pipes, steam
pipes, garbage disposal units, waste pipes, water closet, sinks, installed
dishwashers, lavatories, bathtubs, shower baths, installed clothes
washing machines, catch basins, drains, vents, and any other similar
fixtures and the installation thereof, together with all connections
to water, sewer, and gas lines.
A platted lot or part thereof or unplatted parcel of land,
either occupied or unoccupied by any dwelling or non-dwelling structure,
including such building, accessory structure or other structure thereon.
Non-putrescible solid waste consisting of both combustible
and non-combustible wastes, such as paper, cardboard, tin cans, grass
and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery,
and similar materials.
The condition of being reasonably free from danger and hazards
which may cause accidents or disease.
Any dwelling which does not conform to the minimum standards
established by the City Code.
Paid for, furnished by, provided by or under the control
of the owner, operator, or agent of a dwelling.
Meaning of certain words — whenever
the words "dwelling", or "premises", or "structure" are used in this
Section, they shall be construed as though they were followed by the
words "or any part thereof.
[Ord. No. 402 §13, 12-8-2010; Ord. No. 533, 12-21-2018]
A.
The
following requirements shall apply to permits:
1.
No person shall rent any dwelling to any person for dwelling purposes
without obtaining a permit and paying the fee required by this Section.
A permit must be renewed every year, and when there is a change in
tenant(s).
2.
Applications shall be made to the Building Inspector. Each applicant
shall provide the name and address of the applicant. If the applicant
is a corporation, the application shall name the principal officers.
The applicant shall provide the address and apartment number, if any.
3.
The fee for such permit is as set forth in a Schedule approved by
the Board of Aldermen, as amended from time to time. The Inspector
shall inspect each dwelling before a permit is issued.
4.
If the required permit fee has been paid, and the dwelling to be
covered by the permit has been inspected and it does not appear that
any violation of this Chapter or of any other applicable State Law
or City ordinance exists, the Inspector shall issue the permit.
[Ord. No. 402 §14, 12-8-2010]
A.
No
owner or other person shall occupy or let another person inhabit any
dwelling unless it and the premises are clean, sanitary, fit for human
occupancy, and comply with all applicable legal requirements of the
State and the City, including the following requirements:
1.
Maintenance of shared or public areas. Every owner
and the occupant(s) of a dwelling shall maintain in a clean and sanitary
condition the dwelling and premises thereof.
2.
Pest extermination. Every owner of a dwelling or
dwellings shall be responsible for the extermination of vermin and
rodents on the premises. No occupant of a dwelling shall accumulate
fire wood, rubbish, boxes, lumber, scrap metal, or any other materials
in such manner that may provide a rodent harborage in or about any
dwelling. Stored materials shall be stacked neatly and safely.
3.
Sanitary fixtures and appliances. Every occupant
of a dwelling shall keep all supplied fixtures and facilities therein
in a clean and sanitary condition and shall be responsible for the
exercise of reasonable care in the proper use and operation thereof.
4.
Minimum standards for basic equipment and facilities. No person shall occupy as owner, occupant or let to another for
occupancy any dwelling for the purpose of living, sleeping, cooking,
or eating therein, which does not comply with the following requirements:
a.
Every dwelling shall have a space in which food may be prepared and
cooked, which shall have adequate circulation area and which shall
be equipped with the following:
b.
A kitchen sink in good working condition, connected to an approved
water supply including hot and cold water and also connected to an
approved sewer system.
c.
Cabinets or shelves for the storage of eating, drinking and cooking
equipment and utensils.
d.
Adequate space and hookups shall be provided for a stove, or similar
device for cooking food and a refrigerator, or similar device.
e.
Smoke detectors on each level of home and near each bedroom
entrance and in each bedroom are required.
[Ord. No. 460 §§I —
III, 11-12-2014]
f.
Rental inspection to be done before water utility is turned
on in tenant's name.
[Ord. No. 460 §§I —
III, 11-12-2014]
g.
Rental to comply with ordinance pertaining to drainage of gutter (Section 400.170).
[Ord. No. 460 §§I —
III, 11-12-2014]
h.
No room to be used as bedroom that was not intended to be a
bedroom.
[Ord. No. 460 §§I —
III, 11-12-2014]
5.
Facilities to function. Every supplied facility
and every piece of equipment or utility and every chimney and flue
shall be installed and shall be maintained so that it works effectively
and safely.
[Ord. No. 402 §15, 12-8-2010]
A.
The
Inspector, as defined, shall enforce the provisions of this Chapter
and is thereby authorized to make inspections on a scheduled basis
or when reason exists to believe that violation of this Chapter has
been or is being committed.
B.
Inspection Access. If any owner, occupant or other person
in charge of a dwelling falls or refuses to permit free access and
entry to the structure or premises under his control for any inspection
pursuant to this Chapter, the Inspector may seek a search warrant
or other appropriate court order authorizing such inspections.
[Ord. No. 402 §16, 12-8-2010]
A.
Whenever
the Inspector determines that any dwelling, or the premises surrounding
any dwelling, fails to meet the requirements set forth in this Chapter,
he shall issue a notice setting forth the alleged failure and advising
the owner, operator, or agent that such failure must be corrected.
This notice shall:
1.
Be in writing;
2.
Set forth the alleged violations of this Chapter;
3.
Describe the dwelling, or other premises where the violations are
alleged to exist or to have been committed;
4.
Provide a reasonable time, not to exceed sixty (60) days, for the
correction of any alleged violations;
5.
Be served on the owner, occupant, operator and/or agent of the dwelling,
personally, or by certified mail, addressed to the last known place
of residence of the owner, operator, or agent. If, upon a diligent
effort to locate the owner, occupant, operator or agent, none can
be found, notice may be posted on or near the dwelling or premises
described in the notice.
B.
Repairs And Corrective Action. Whenever an owner, operator,
agent of a dwelling neglects or refuses to make repairs or take other
corrective action called for by order or notice of violation issued
by a compliance official, the City may undertake such repairs or action,
when in its judgment the failure to do so will substantially endanger
the public health, safety, or welfare. The cost of such repairs and
actions shall be charged to the person or persons required to make
such repairs.
[Ord. No. 402 §17, 12-8-2010]
The owner, operator, or agent of a dwelling, which has been
declared unfit for human habitation or which is otherwise vacant for
a period of thirty (30) days or more, shall make it safe and secure
so that it is not hazardous to the health, safety, or welfare of the
public and does not constitute a public nuisance. Any vacant dwelling
with open and unguarded doors or windows shall be deemed to be a hazard
to the health, safety or welfare of the public and a public nuisance
within the meaning of this Section.
[Ord. No. 402 §18, 12-8-2010]
Any violation of this Chapter is hereby declared to be a nuisance.
In addition to any other relief provided by this Chapter, the City
Attorney may apply to a court of competent jurisdiction for an injunction
to prohibit the continuation of any violation of this Chapter. Such
application for relieve may include seeking a temporary restraining
order, temporary injunction or permanent injunction.
