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City of Lake Saint Louis, MO
St. Charles County
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Table of Contents
Table of Contents
[Ord. No. 2679 §1, 12-1-2008]
This Chapter is adopted to protect the public health, safety and welfare of the community of residents of the City of Lake Saint Louis in their use of all residential structures which are offered for rent or lease, and on all premises, exteriors and buildings accessory to these structures, thereby deterring neighborhood blight and deterioration. Further, this Chapter is intended to prevent the construction of additions or alterations to existing dwelling units being offered for rent or lease that would be injurious to the life, health, safety or general welfare of the occupants of such dwellings or neighboring properties and to preserve the taxable value of land and buildings throughout the City. This Section shall be applicable to all residential properties in the City that are rented or leased, which shall be defined as any residential dwelling unit or such other residential building or structure wherein the owner or owner's agent allows an individual or individuals to occupy space while charging a fee for the privilege of occupying said space. All areas of the residential dwelling unit to which the lessee or renter has the right of use or access shall be subject to inspection for compliance with the applicable codes and ordinances of the City. This Section shall not apply to any occupancy in existence at the time of the adoption of this Section until a change of occupancy occurs.
[Ord. No. 2679 §1, 12-1-2008]
For purposes of this Chapter, the standards of maintenance specified in the Revised Ordinances of the City of Lake Saint Louis and the version of the International Property Maintenance Code most recently adopted as part of the Comprehensive Building Code for the City of Lake Saint Louis shall be considered minimum standards for existing residential structures in the City of Lake Saint Louis.
[Ord. No. 2679 §1, 12-1-2008]
It shall be the duty and responsibility of the City's Chief Building Official or his designated representative to enforce the provisions of this Chapter.
[Ord. No. 2679 §1, 12-1-2008]
The Chief Building Official or his designee is authorized and directed to make inspections to determine whether residential structures being offered for rent or lease, including, without limitation, dwellings and dwelling units, accessory structures and premises located within this City, conform to the requirements of the property maintenance and other codes and ordinances enacted to provide for the safety and appearance of structures and premises. For the purpose of making such inspections, the Chief Building Official or his duly authorized designee is authorized to enter, examine and survey, at reasonable times, all structures. The owner or occupant of every structure shall give the Chief Building Official or his duly authorized designee access thereto at reasonable times for the purpose of such inspection, examination and survey.
[Ord. No. 2679 §1, 12-1-2008]
It shall be unlawful for any person, owner or agent thereof to occupy or use, or to permit the occupancy or use of, any structure or premises which is offered for rent or lease for any purpose until a Certificate of Occupancy has been issued by the Chief Building Official. The Certificate of Occupancy so issued shall state that the structure or premises complies with all of the provisions of this code as far as can be determined by a visual inspection of the premises.
[Ord. No. 2679 §1, 12-1-2008]
A. 
It shall be unlawful for the owner of any residential structure or dwelling unit, or his agent, to rent or lease to another until he shall have secured a Certificate of Occupancy, and such owner shall be responsible for abating any violations necessary for a Certificate of Occupancy to be issued.
B. 
The owner of any residential structure or dwelling unit, or his agent, who has been issued or received an inspection report, notice of violation or compliance order identifying items that must be abated prior to occupancy shall be bound by such notice as of the date of the transfer without further service of notice upon him.
C. 
A change in ownership of a grouping or assembly of residential rental units (such as an apartment building) for which valid Certificates of Occupancy exist will not necessarily require inspections and the issuance of new Certificates of Occupancy for individual dwelling units within the grouping or assembly.
[Ord. No. 2679 §1, 12-1-2008; Ord. No. 2722 §1, 4-20-2009]
A. 
A fee of seventy-five dollars ($75.00) shall be charged for each compliance inspection of an unoccupied detached dwelling unit being offered for rent or lease made prior to the issuance of a certificate of occupancy.
B. 
A fee of thirty dollars ($30.00) shall be charged for each compliance inspection of an unoccupied attached dwelling unit being offered for rent or lease made prior to the issuance of a certificate of occupancy.
C. 
The inspection fee for occupied dwelling units being offered for rent or lease shall be twice the aforesaid fees for unoccupied units.
D. 
One (1) free reinspection shall be provided for each initial compliance inspection that resulted in a finding of non-compliance. Thereafter, the owner or manager shall be charged the standard initial inspection fee, identified in Subsections (A) and (B) above, for each additional inspection required because the unit was not in compliance and for each "no show" inspection.
E. 
Following the issuance of a certificate of occupancy for an attached dwelling unit rented or leased for a term less than twelve (12) months, such unit shall be required to undergo a subsequent inspection upon vacation of the premises and a new certificate of occupancy shall be issued upon the satisfactory completion of said inspection. The fee for a subsequent inspection, when completed within twelve (12) months of the issuance of the previous certificate of occupancy, will be fifteen dollars ($15.00).
[Ord. No. 2679 §1, 12-1-2008]
When all applicable fees have been paid and the Chief Building Official is satisfied that the premises and its occupancy are in compliance with this Chapter and all laws and ordinances applicable thereto, the Chief Building Official shall issue the Certificate of Occupancy as soon as practicable. Certificates of Occupancy will be issued at no additional charge.
[Ord. No. 2679 §1, 12-1-2008]
A. 
The owners, agents or managers who are in responsible charge of any dwelling units within the corporate limits of the City of Lake Saint Louis which are directly affected by this Chapter shall register those properties which are offered for rent or lease with the Chief Building Official no more than sixty (60) days following the date this Chapter becomes effective. Thereafter, the owners, agents or managers who are in responsible charge of any newly constructed dwelling units offered for rent or lease shall likewise register those properties with the Chief Building Official prior to the initial occupancy.
B. 
The owners, agents or managers who are in responsible charge of any properties directly affected by this Chapter shall schedule with the Chief Building Official or his designee a compliance inspection at least two (2) working days prior to a change in occupancy so that adequate time is provided to allow for the inspection of the dwelling units being offered for rent or lease. All dwelling units to be rented or leased shall comply with all Sections of this Chapter, as well as other applicable codes, and the owner, agent or manager in responsible charge of the property shall have a valid Certificate of Occupancy in his/her possession prior to rental of the unit.
C. 
The owners, agents or managers who are in responsible charge of any properties directly affected by this Chapter shall notify all occupants whenever inspections are scheduled, shall be present for inspections, and have means to gain entry to each dwelling unit and/or arrange with occupants to be present for inspections.
[Ord. No. 2679 §1, 12-1-2008]
A. 
A Certificate of Occupancy may be revoked at any time during the occupancy of the dwelling unit offered for rent or lease for which a Certificate of Occupancy has been issued, should the Chief Building Official determine, following a reasonable investigation, that the dwelling unit no longer complies with the provisions of this Chapter. Prior to revoking a Certificate of Occupancy, the Chief Building Official shall provide to the owner, agent or manager who is in responsible charge and to the tenant occupying the unit in question a written report stating the defects noted during the investigation and providing a reasonable time for the correction of said defects, except when the conditions of the dwelling unit pose an immediate threat to the health, safety or welfare of the occupants, in which case the Chief Building Official shall issue a notice of revocation to the owner, agent or manager in responsible charge, and to the tenant, immediately and shall then cause the dwelling unit to be vacated without delay.
B. 
Non-compliance with any of the regulations of this Chapter shall be deemed a violation subject to the penalties set forth herein; in addition, the Chief Building Official shall be empowered to revoke the Certificate of Occupancy for the dwelling unit in question until such time as the violations are corrected, have been inspected by the Chief Building Official or his designee and verified as being in compliance.
[Ord. No. 2679 §1, 12-1-2008]
Any person whose application for a Certificate of Occupancy has been denied or revoked shall, upon request, be granted an appeal to the City of Lake Saint Louis Building Appeals Board. Such notice of appeal shall be filed within ten (10) days from the date of requirement to comply or denial or revocation of a Certificate of Occupancy. A variance from the requirements of this Chapter may be granted by the Building Appeals Board only when it has been established to their satisfaction that any alternate construction methods or materials which have been, or are proposed to be, used to correct a deficiency noted by the Chief Building Official offer an equivalent level of protection to the health, safety and welfare of the occupants of the dwelling unit in question and to the City of Lake Saint Louis as a whole.
[Ord. No. 2679 §1, 12-1-2008]
It shall be unlawful for any person, firm or corporation to fail to obey a lawful order of the Chief Building Official or to remove or deface a placard or notice posted under the provisions of this Chapter.
[Ord. No. 2679 §1, 12-1-2008]
Whenever the Chief Building Official finds evidence of a violation of any provision of this Chapter, he shall give notice of same in writing, delivered in person or by certified return receipt delivery via U.S. mail to the owner or agent of the building structure and/or property as shown on the City's records.
[Ord. No. 2679 §1, 12-1-2008]
If any owner, agent or manager who is in responsible charge of a structure subject to the provisions of this Chapter refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to every part of the structure where an inspection is authorized by this Chapter, the Chief Building Official may seek, in a court of competent jurisdiction, an order that such owner, agent or manager in responsible charge cease and desist with such interference. Such remedy may be sought in addition to other mechanisms for enforcement authorized by the Municipal Code of the City of Lake Saint Louis, which remedies might include the issuance of citations and/or the denial or revocation of Certificates of Occupancy.
[Ord. No. 2679 §1, 12-1-2008]
Any person violating any provisions of this Chapter shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed for each day during or on which a violation occurs or continues after the time specified for completion has expired.