[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.
