[Ord. No. 6932 §1, 10-28-2013[1]]
The International Property Maintenance Code, 2012 Edition, and Appendix A, as published by the International Code Council, Inc., one (1) copy of which was on file in the office of the City Clerk for a period of ninety (90) days prior to the adoption of this Chapter and available for public use, inspection and examination, and a copy of which is attached hereto and incorporated by this reference as if fully set forth herein, is hereby adopted as the Property Maintenance Code of the City of University City, Missouri, subject to the amendments, additions, insertions, deletions and changes set out in Section 240.020 of this Chapter.
[Ord. No. 6932 §1, 10-28-2013]
A.
The following numbered Sections and Subsections of the International
Property Maintenance Code, 2012 Edition, and Appendix A as published
by the International Code Council, Inc., are hereby amended by additions,
insertions, deletions and changes so that such Sections and Subsections
shall read as follows:
1.
(Chapter 1 - Scope and Administration) - (SECTION 101
GENERAL)
101.1 Title. These regulations shall be known as
the "Property Maintenance Code of the City of University City, Missouri,"
hereinafter referred to as "this Code."
2.
(Chapter 1 - Scope and Administration) - (SECTION 102
APPLICABILITY)
102.3 Application of other Codes. Repairs, additions
or alterations to a structure, or changes of occupancy shall be done
in accordance with the procedures and provisions of the Building,
Residential, Plumbing, Mechanical, Existing Building, Electrical,
Fuel Gas, Energy Conservation, and other applicable Codes adopted
by the City of University City.
102.6 Historic buildings. Where carrying out the
provisions of this Code will significantly alter the historic or architectural
character of an existing structure that has been officially designated
by the State of Missouri or by the City of University City as a historic
building, property or landmark, the Code Official, upon application
of the owner or the owner's representative, shall vary, modify
or waive such provisions based on a finding that the public interest
in health, safety and welfare will be served by such action.
3.
(Chapter 1 - Scope and Administration) - (SECTION 103
DEPARTMENT OF PROPERTY MAINTENANCE INSPECTION)
103.1 General. The term "Department of Property
Maintenance Inspection" whenever employed herein shall be construed
to mean the Department of Community Development of the City of University
City, Missouri. The term "Code Official" shall be construed to mean
the Building Commissioner of the City of University City, Missouri,
or the duly authorized representative of the Building Commissioner.
103.5 Fees. The fees for activities and services
performed by the Department in carrying out its responsibilities shall
be as indicated in the following schedule:
Type of Occupancy Permit
|
Fee
| ||
---|---|---|---|
Residential permit to occupy (not including inspection fees)
|
$25.00
| ||
Residential sublease permit to occupy (not including inspection
fees)
|
$25.00
| ||
Conditional residential permit to occupy (not including inspection
fees)
|
$10.00
| ||
Nonresidential permit to occupy or amendment (including inspections)
| |||
Under 1,000 square feet
|
$30.00
| ||
1,000 to 2,500 square feet
|
$60.00
| ||
Over 2,500 square feet
|
$120.00
| ||
Amending a commercial occupancy permit where no inspection is
required
|
$30.00
| ||
Amending a residential occupancy permit
|
$10.00
|
Inspection Fees
| |
---|---|
The fee charged for periodic inspections, special inspections,
existing structure code compliance and non-routine permit inspections
shall be as scheduled below, per inspection:
|
Type of Inspection
|
Fee
| ||
---|---|---|---|
Inspection of existing residential structures
| |||
Owner-occupied (per unit)
|
$80.00
| ||
Rental (per unit)
|
$60.00
| ||
Missed inspection in which the inspector was unable to gain
entry to the property or the work was not completed
|
$35.00
| ||
Service request inspections (per hour or portion thereof)
|
$35.00
| ||
Additional inspections (per hour or portion thereof)
|
$35.00
|
Registration Fees
| |
---|---|
Fees charged for registration:
|
Type of Registration
|
Fee
| |
---|---|---|
Residential rental property registration (initial)
|
$30.00
| |
Residential rental property registration (annual renewal)
|
$15.00
| |
Residential non-rental property registration (included in inspection
fee)
|
$0.00
| |
Other registrations (initial)
|
$30.00
| |
Other registrations (annual renewal)
|
$15.00
| |
Vacant building registration in accordance with Section 191
|
$200.00
|
Type of Temporary Storage Container
|
Fee
| |
---|---|---|
Private property dumpster (per container)
|
$20.00
| |
Private property portable storage container (per container)
|
$10.00
|
Other fees:
| |
---|---|
Services or activities not specifically scheduled herein:
| |
Fees shall be based on those scheduled services or activities
which in the judgment of the Building Commissioner are similar or
identical to those requested.
| |
103.90 Payment. The fee for all activities to be
performed by the Department of Community Development shall be paid
in advance. Payment shall be made at the office of the Department
of Community Development in cash, accepted credit card types, or by
check made payable to "City of University City." The Department of
Community Development is authorized to charge a convenience fee or
merchant card processing fee for credit card transactions equal to
the fee amount charged to the City.
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Services such as processing applications, issuing a permit,
scheduling inspections, etc. shall not be conducted when outstanding
fees are owed the City without the express consent of the Building
Commissioner.
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4.
(Chapter 1 - Scope and Administration)
- (SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL)
104.6 Department records. The Code Official shall
keep official records of all business and activities of the department
specified in the provisions of the Code. Such records shall be retained
in the official records for the period required for retention of public
records.
104.90 Search warrants.
1.
A search warrant may be issued by the Municipal Judge commanding
the search of a structure or premises within the territorial jurisdiction
of the City and the Municipal Judge to search and seize, or photograph,
copy or record any property, structure or premises which are in or
used in violation of this Chapter.
2.
The Code Official or any Peace Officer may make application
for the issuance of a search warrant. The application shall:
(1)
Be in writing;
(2)
State the time and date of the making of the application;
(3)
Identify the structure or premises which are to
be searched in sufficient detail and particularity that the Code Official
or Peace Officer executing the warrant can readily ascertain the structure
or premises;
(4)
Identify the place or thing which is to be searched,
in sufficient detail and particularity that the Code Official or Peace
Officer executing the warrant can readily ascertain what he/she is
to search;
(5)
State facts sufficient to show probable cause for
the issuance of a search warrant;
(6)
Be verified by the oath or affirmation of the applicant;
(7)
Be filed in Municipal Court;
(8)
Be signed by the prosecuting attorney.
3.
The application may be supplemented by a written affidavit verified
by oath or affirmation. Such affidavit shall be considered in determining
whether there is probable cause for the issuance of a search warrant
and in filling out any deficiencies in the description of the structure
or premises to be searched. Oral testimony shall not be considered.
4.
The Municipal Judge shall hold a non-adversary hearing to determine
whether sufficient facts have been stated to justify the issuance
of a search warrant. If it appears from the application and any supporting
affidavit that there is probable cause to believe that the place or
thing subject to search is in or on the structure or premises described,
a search warrant will be immediately issued. The warrant shall be
issued in the form of an original and two copies.
5.
The application and any supporting affidavit and a copy of the
warrant shall be retained in the records of the Municipal Court.
6.
The search warrant shall:
(1)
Be in writing and in the name of the City of University
City;
(2)
Be directed to the Code Official or any Peace Officer;
(3)
State the time and date the warrant is issued;
(4)
Identify the structure or premises which are to
be searched in sufficient detail and particularity that the Code Official
or Peace Officer executing the warrant can readily ascertain the structure
or premises;
(5)
Identify the place or thing which is to be searched
in sufficient detail and particularity that the Code Official or Peace
Officer executing the warrant can ascertain what he/she is to search;
(6)
Command that the structure, premises, place or
thing be searched and that any of the described property, article,
material or substance found thereon or therein and seized or photographed
or copied be returned, or the photograph or copy be brought, within
ten days after filing of the application, to the Municipal Judge who
issued the warrant, to be dealt with according to law;
(7)
Be signed by the Municipal Judge, with his/her
title of office indicated.
7.
A search warrant issued under this Section may be executed only
by the Code Official or a Peace Officer. The warrant shall be executed
by conducting the search and seizure commanded.
8.
A search warrant shall be executed as soon as practicable and
shall expire if it is not executed and the return made within ten
days after the date of the making of the application.
9.
After execution of the search warrant, the warrant with a return
thereon, signed by the Code Official or Peace Officer making the search,
shall be delivered to the Municipal Judge who issued the warrant.
The return shall show the date and manner of execution, what was seized,
and the name of the possessor and of the owner, when he/she is not
the same person, if known. The return shall be accompanied by a copy
of the itemized receipt required by Paragraph 14. The Municipal Judge
or Clerk shall, upon request, deliver a copy of such receipt to the
person from whose possession the property was taken and to the applicant
for the warrant.
10.
A search warrant shall be deemed invalid:
(1)
If it was not issued by a Municipal Judge; or
(2)
If it was issued without a written application
having been filed and verified; or
(3)
If it was issued without probable cause; or
(4)
If it was not issued in the City; or
(5)
If it does not describe the structure, premises,
place or thing to be searched or the property, article, material or
substance to be seized with certainty; or
(6)
If it is not signed by the Municipal Judge who
issued it; or
(7)
If it was not executed within the time prescribed
in Paragraph 8.
11.
The search shall be conducted in a reasonable manner. The search
may be made at night if making it during the day is not practicable.
12.
A Code Official or Peace Officer making a search pursuant to
an invalid warrant, the invalidity of which is not apparent on its
face, may use such force as he/she would be justified in using if
the warrant were valid.
13.
The Code Official or Peace Officer may summon as many persons
as he/she deems necessary to assist him/her in executing the warrant.
Such persons shall not be held liable as a result of the illegality
of the search and seizure.
14.
If any property is seized, the Code Official or Peace Officer
shall give to the person from whose possession it is taken, if he/she
is present, a copy of the warrant and an itemized receipt of the property
taken. If no person is present, the Code Official or officer shall
leave the copy and the receipt at the site of the search.
15.
A copy of the itemized receipt of any property taken shall be
delivered to the office of the prosecuting attorney within two working
days.
104.91 Third-party inspections. All third-party
inspections shall be in accordance with Title 15.005 of the Municipal
Code of University City.
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5.
(Chapter 1 - Scope and Administration) - (SECTION 106
VIOLATIONS)
106.1 Unlawful acts. It shall be unlawful for any
person, firm or corporation to erect, construct, alter, extend, repair,
remove, demolish, maintain, provide, fail to provide, use or occupy,
let to another for use or occupancy or permit another person to use
or occupy any structure, premises, or equipment regulated by this
Code, or cause the same to be done, contrary to or in conflict with
or in violation of any of the provisions of this Code, or to fail
to obey a lawful order of the Code Official, or to remove or deface
a placard or notice posted under the provisions of this Code.
106.4 Violation penalties. Any person, firm or corporation who shall violate any provision of this Code shall, upon conviction thereof, be subject to the penalties provided in Section 100.190 of the University City Municipal Code. Each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.
6.
(Chapter 1 - Scope and Administration)
- (SECTION 107 NOTICES AND ORDERS)
107.3 Method of service. Such notice shall be deemed
to be properly served if a copy thereof is:
1.
Delivered personally;
2.
Sent by certified or first-class mail addressed to the last
known address; or
3.
If the notice is returned showing that the letter was not delivered,
a copy thereof shall be posted in a conspicuous place in or about
the structure affected by such notice;
4.
Sent by private courier company such as, but not limited to,
FedEx® or UPS®.
7.
(Chapter 1 - Scope and Administration) - (SECTION 108
UNSAFE STRUCTURES AND EQUIPMENT)
108.1.90 Non-compliant structure. A non-compliant structure is one found in whole or in part to be unlawful after all attempts provided by this Code are exhausted, including citing violations, providing notice, and referring concerns to the Municipal Court, and the property remains not in compliance with this Code to the extent that the property has become a nuisance. Non-compliant structures shall be condemned, and the condemnation shall not be removed until property improvement is made as determined by the Building Commissioner. Notice shall be provided in accordance with this Code and 48 hours in advance of the condemnation. The property owner shall be given the opportunity to have a pre-deprivation hearing with the Building Commissioner if requested in writing within the forty-eight-hour notification period, and a post-deprivation hearing by the Board of Appeals per Building Code Section 113.
8.
(Chapter 1 - Scope and Administration)
- (SECTION 110 DEMOLITION)
110.1 General. Any structure which is found to
be detrimental to the health, safety or welfare of the residents of
the City of University City and which is declared to be a public nuisance
by the Code Official shall be vacated and demolished or repaired in
strict accordance with the provisions of this Section.
110.2 Notices and orders. Delete in its entirety.
110.3 Failure to comply. Delete in its entirety.
110.4 Salvage materials. Delete in its entirety.
110.90 Declaration of public nuisance. Any structure
found to have any of the following defects shall be deemed to be detrimental
to the health, safety or welfare of the residents of the City of University
City and shall be declared a public nuisance:
1.
Bearing wall, earth retaining wall, column or other vertical
structural member which leans or buckles to such an extent that it
is likely to partially or completely collapse and injure the occupants
or members of the public.
2.
Floor, roof, wall, structural member or structural connection
which is overloaded, has insufficient bearing or which has insufficient
strength to be safe for the purpose used so as to be likely to collapse
and injure the occupants or members of the public.
3.
Part of a structure which is so attached that it is likely to
fall and injure the occupants or members of the public.
4.
Damage by fire, earthquake, flood, wind, or other causes, so
as to become dangerous to the health, safety or welfare of the occupants
or members of the public.
5.
Disrepair or lack of maintenance so as to be unsanitary, vermin-
or rat-infested, filthy or contaminated, or lacking in ventilation,
sanitary facilities, heating facilities or other Code-required equipment
to the degree that the structure is hazardous to the health, safety
or welfare of the occupants or members of the public.
6.
Dilapidation, deterioration or decay; faulty or abandoned construction;
open, vacant or abandoned; damaged to the extent that the structure
does not provide shelter from the elements.
7.
Abandoned wells, shafts, basements or excavations or other physical
conditions that constitute an attractive nuisance to children so as
to be hazardous to the health, safety, or welfare of members of the
public.
8.
Cessation of normal construction for a period of two years.
9.
Any structure that is condemned as an unsafe structure or condemned
as unfit for human occupancy.
110.91 Mandatory demolition or repair of a public nuisance. The following steps shall be taken to effect the mandatory demolition
or repair of a structure which is deemed to be detrimental to the
health, safety or welfare of the residents of the City of University
City and which is declared a public nuisance.
| |
110.91.1 Notice of declaration of nuisance. A notice
of declaration of nuisance and pre-hearing order shall be prepared
in substantially the following form:
|
NOTICE OF DECLARATION
OF NUISANCE AND
PRE-HEARING ORDER
|
THE STRUCTURE OR STRUCTURES DESCRIBED BELOW HAVE BEEN DECLARED
A NUISANCE.
| |
[Insert address or other adequate description of the building
or structure.]
| |
(Use one or two of the following three paragraphs)
| |
NO PERSON SHALL OCCUPY THIS BUILDING OR ANY PART THEREOF, AFTER
__________/__________/__________, 20____. After such date, no person
shall occupy, enter, refuse to leave, or remain in this building or
any part thereof, except persons directly employed in securing, repairing
or removing such building.
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THIS STRUCTURE MUST BE DEMOLISHED AND REMOVED FROM THE PREMISES
NO LATER THAN __________/__________/__________, 20____. If demolition
is not begun and carried forth promptly, the Code Official shall,
after a hearing, order the same demolished and the cost assessed against
the property as a special tax lien. Upon presentation of adequate
plans, the Code Official may allow repair instead of demolition.
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THIS STRUCTURE MUST BE REPAIRED TO CURE THE FOLLOWING DEFECTS:
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| |
| |
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WORK MUST BEGIN ON OR BEFORE __________/__________/__________,
20____, AND PROCEED CONTINUOUSLY WITHOUT UNNECESSARY DELAY TO COMPLETION.
| |
This order shall be obeyed by demolition and removal of the
structure. Upon failure to repair as herein required, the Code Official
shall, after hearing, order repairs to be made and the cost charged
to the owner of this property as a special tax lien.
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110.91.2 Posting. A copy of the notice of declaration
of nuisance and pre-hearing order shall be posted in a prominent place
on the premises.
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110.91.3 Service. The notice of declaration of
nuisance and pre-hearing order shall be served on the affected parties
and all persons having an interest in the property, all as shown by
the records of the St. Louis County Recorder of Deeds. The notice
shall be served personally or by certified mail, return receipt requested,
or if service cannot be had by either of these modes of service, then
by at least one publication in a newspaper of general circulation
in the City. The affected parties shall be given a reasonable time
to complete demolition or to begin the repairs.
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110.91.4 Notice of hearing. If the affected parties
fail to commence work on repairs or complete demolition within the
time specified, or fail to proceed continuously with the work without
unnecessary delay, the Code Official shall call a hearing upon the
matter, giving the affected parties 21 days' written notice of
the hearing. Said notice shall be served personally or by certified
mail, return receipt requested, or if service cannot be had by either
of these modes of service, then by at least one publication in a newspaper
of general circulation in the City.
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110.91.5 Hearing. The Code Official or the duly
designated representative of the Code Official shall conduct a full
and adequate hearing. Any affected party may be represented by counsel,
and all affected parties shall have an opportunity to be heard. After
the hearing, if the evidence supports a finding that the structure
is a nuisance and detrimental to the health, safety or welfare of
the residents of the City of University City, the Code Official shall
issue a post-hearing order making specific findings of fact based
on competent and substantial evidence and order the structure to be
demolished and removed, or repaired. The post-hearing order shall
be served in the same manner as the notice of declaration of nuisance
and pre-hearing order. The post-hearing order shall contain a date
certain for completion of the required action.
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110.91.6 Upon failure to obey post-hearing order. If any post-hearing order of the Code Official is not obeyed and
if appeal of any post-hearing order is not made to the Circuit Court
as provided for in this Chapter within 30 days after issuance of any
such order, the Code Official shall cause such structure to be vacated
and repaired or demolished as provided in his or her post-hearing
order. The Code Official shall certify the cost of such action, including
all administrative costs, to the Director of Finance who shall cause
a special tax bill against the property to be prepared, filed and
collected. Said tax bill shall be a lien upon said property, and said
lien shall bear interest at the rate set by the Missouri Division
of Finance on the date the lien is filed.
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110.92 Duties of inspectors. It shall be the duty
and responsibility of the inspectors to inspect all structures, when
so directed by the Code Official, for the purpose of determining the
existence of unsafe or unhealthful conditions and to determine compliance
with any orders issued; to report to the Official, in writing, any
conditions which cause a structure to be deemed detrimental to the
health, safety or welfare of the residents and report noncompliance
with any orders issued; and to appear and testify at hearings regarding
structures which the inspector has inspected.
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110.93 Appeal. Any affected party may appeal to
the Circuit Court from any post-hearing order of the Code Official
in the manner provided by law for judicial review of decisions of
administrative agencies.
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110.94 Liability of the City. The City shall not
be liable to any affected party for any damage or injury to persons
or property caused by the enforcement of this Section when such enforcement
is carried out in accordance with the procedures herein provided.
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110.95 Liability of employees. Neither the Code
Official nor any inspector, officer, employee, or agent of the City
shall be liable for any damage that accrues to the persons or property
as a result of any act required or permitted pursuant to this Section.
Any suit brought against the Code Official, any inspector, officer,
employee, or agent of the City as a result of any act required or
permitted pursuant to this Section shall be defended by the City Attorney.
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110.96 Unlawful acts. It shall be unlawful for
any person to deface or remove any notice without the prior authorization
of the Code Official or of a court having jurisdiction. It shall be
unlawful for any person to enter or occupy a structure or portion
thereof in violation of posted notice or in violation of a notice
served on such person.
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110.97 Insurance proceeds. 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, and if the covered
claim payment is in excess of fifty percent (50%) of the face value
of the policy covering a building or other structure, then the following
procedures apply:
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a)
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The insurer shall withhold from the covered claim payment 25%
of the covered claim payment, and shall pay such moneys to the City
to deposit into an interest-bearing account. Any named mortgagee on
the insurance policy shall maintain priority over any obligation under
this Section. If a special tax bill or assessment is issued by the
City for the expense of demolition of such building or structure as
a dangerous building or structure, the money held by the City shall
be applied toward a payment of special tax bill or assessment. If
there is any excess, it shall be paid by the City to the insured or
as the terms of the policy and endorsements thereto provide.
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b)
|
If within 30 days of the receipt of such insurance moneys the City has not instituted legal proceedings by issuance of the notice provided for in Section 110, or Section 119.3 of the Building Code of University City, or by taking emergency measures as provided for in Section 120 of the Building Code of University City, then the City's Director of Finance shall release such proceeds and any interest which has accrued on such proceeds to the insured under the insurance policy or as the terms of the policy and endorsements thereto provide.
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c)
|
If such building or structure is repaired or demolished pursuant
to this article as attested to by the Building Official without cost
to the City, then any insurance proceeds paid to the City's Director
of Finance and any interest thereon shall be paid to the insured under
the insurance policy, or as the terms of the policy and endorsements
thereto provide.
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d)
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When the City takes bids from independent contractors for demolition
of a building, bidders shall deduct any salvage value materials of
the building or structure may have, from the cost of demolition in
arriving at their bid amount. Should City employees do the demolition,
the actual cash value of salvaged materials shall be deducted from
the special tax bill for such demolition. In no case will the net
cost of demolition be increased in order to effect salvage of materials.
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e)
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Upon presentation of satisfactory proof that the insured has
removed or will remove debris, and repair, rebuild or otherwise make
the insured premises safe and secure, the Building Official shall
issue a certificate within 30 days after receipt of such satisfactory
proof to permit covered claim payment to the insured without deduction,
payable to the City's Director of Finance as herein provided
in this Section. It shall be the obligation of the insured or other
person making claim to provide the insurance company with such certificate.
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f)
|
No provision of this Section shall be construed to make the
City a party to any insurance contract.
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9.
(Chapter 1 - Scope and Administration) - (SECTION 111
MEANS OF APPEAL)
111.1 Application for appeal. Delete in its entirety.
111.2 Membership of board. Delete in its entirety.
111.2.1 Alternate members. Delete in its entirety.
111.2.2 Chairman. Delete in its entirety.
111.2.3 Disqualification of member. Delete in its
entirety.
111.2.4 Secretary. Delete in its entirety.
111.2.5 Compensation of members. Delete in its
entirety.
111.3 Notice of meeting. Delete in its entirety.
111.4 Open hearing. Delete in its entirety.
111.4.1 Procedure. Delete in its entirety.
111.5 Postponed hearing. Delete in its entirety.
111.6 Board decision. Delete in its entirety.
111.6.1 Records and copies. Delete in its entirety.
111.6.2 Administration. Delete in its entirety.
111.7 Court review. Delete in its entirety.
111.8 Stays of enforcement. Delete in its entirety.
111.90 General. Any appeal to the orders, decisions,
or determinations made by the Code Official shall first be made in
writing for review to the Code Official within 20 days of the order,
decision, or determination. Orders, decisions or determinations in
which the Code Official has affirmed may be referred by the City to
the Municipal Court of University City for prosecution, where the
defendant shall have the opportunity to plead not guilty and be tried.
10.
(Chapter 1 - Scope and Administration)
- (SECTION 190 PERMIT TO OCCUPY)
190.1 Permit required. It shall be unlawful for
any person, owner or agent thereof to occupy or use, or to permit
any person to occupy or use any premises for any purpose, including
the movement of furniture, equipment or other personal property into
said premises, until a permit to occupy has been issued by the Code
Official. The permit so issued shall state that the condition of the
premises and its proposed occupation comply with all of the provisions
of this Code as far as can be determined by a visual inspection of
the premises and a review of the records. The provisions of this Subsection
shall not apply to any residential occupancy in existence prior to
June 5, 1967, unless there is a change in occupants after said date.
190.2 Application, single-family occupancy. It
shall be unlawful for any person to knowingly make any false statement
on an application for a permit to occupy a dwelling unit as to the
names, relationships, ages, or number of occupants who will occupy
the dwelling unit. Application on a residential rental property shall
be made in accordance with Code Section 192, Residential Rental Property
Agent Registration, and this Section.
190.3 Application, other than single-family occupancy. It shall be unlawful for any person to knowingly make any false
statement on an application for a permit to occupy a non-residential
unit or premises, or on an application for a permit to occupy a dwelling
unit for other than single-family purposes as to the name of the person,
firm, company, organization or institution which will occupy or use
the premises, the type of use, the type or quantity of materials that
will be stored on the premises or the floor area of the portion of
the premises that will be occupied or used. Application on a residential
rental property shall be made in accordance with Code Section 192,
Residential Rental Property Agent Registration, and this Section.
190.4 Action on an application. The Code Official
shall examine or cause to be examined all applications for permits
within a reasonable time after filing. No action shall be taken to
issue a permit until an inspection of the premises has been completed.
190.4.1 Issuance of permit.
1.
If all fees are paid and the Code Official is satisfied that
the premises and its proposed occupation are in compliance with this
Code and all laws and ordinances applicable thereto, the Code Official
shall issue the permit to occupy as soon as practicable.
2.
No permit to occupy shall be issued under the provisions of
this Code for premises which have been newly constructed, newly altered,
or on which a change in use is proposed unless a certificate of occupancy
has first been issued under the provisions of the Building Code of
University City.
3.
No permit or conditional permit to occupy shall be issued under
the provisions of this Code for premises until all of the following
assessments, bills, charges, costs, fees, fines, and taxes have been
paid, if due:
(1)
Real property taxes assessed against the premises.
(2)
City special tax bills issued against the premises.
(3)
Neighborhood improvement district special assessments
against the premises.
(4)
Public improvement special assessments against
the premises.
(5)
City refuse service charges for the premises.
(6)
City nuisance abatement charges for the premises.
(7)
City weed or trash removal costs for the premises.
(8)
City community development fees for the premises,
including building permit fees, electrical permit fees, mechanical
permit fees, plumbing permit fees, application fees, inspection fees,
and other fees.
(9)
City fines and court costs for violations of the
Building Code, Electrical Code, Energy Conservation Code, Fire Code,
Fuel Gas Code, Mechanical Code, Plumbing Code, Property Maintenance
Code, or Residential Code, on the premises.
190.4.2 Conditional permit. Occupation shall be
permitted on a conditional basis when in the judgment of the Code
Official practical difficulties interfere with completing all repairs
required to bring the premises into full compliance with this Code
prior to permitting the occupation of the premises, there are no conditions
on the premises which threaten the health or safety of an occupant,
and the Code Official is satisfied that the premises will be brought
into compliance with the requirements of this Code within a sixty-day
period. No conditional permit shall be issued under the provisions
of this Code for premises which have been newly constructed, newly
altered, or on which a change in use is proposed unless a certificate
of occupancy has first been issued under the provisions of the Building
Code.
| |
190.4.3 Rejection of application. If the application
does not comply with the requirements of all pertinent laws, the Code
Official shall reject such application in writing, stating the reasons
thereof.
| |
190.4.4 Residential sublease. An occupancy permit
for subleasing a residential dwelling unit may be issued, provided
the dwelling is Code-compliant as determined by an approved occupancy
inspection conducted in the year preceding the date of application.
Residential sublease occupancy permits shall only be issued for a
period of 100 days and may be extended for one thirty-day term at
the discretion of the Building Commissioner. Residential sublease
permits shall be revoked if the property or tenants violate the provisions
of this Code.
|
190.5 Suspension of permit. Any permit issued shall
become invalid if the occupation of the premises is not commenced
within six months after issuance of the permit or if the occupation
is terminated.
| |
190.6 Revocation of permit. The Code Official shall
revoke a permit in case of any false statement or substantial misrepresentation
of facts in the application on which a permit was based, in the event
a structure is condemned pursuant to this Code, or when compliance
with the requirements of this Code is not achieved within 60 days
from the date of issuance of the permit.
| |
190.7 Business license required. Non-residential
occupancies or home businesses shall obtain a business license as
required by the Municipal Code of University City.
| |
190.8 Commercial occupancy permit. In accordance
with this Section, a commercial occupancy permit and the business
license shall be obtained prior to a business being occupied and/or
business conducted at the location. Businesses that do not comply
with this Section because of lack of obtaining the required permit
or license, the license was not renewed, taxes were not paid, or changes
to the occupancy render the permit void, shall be considered unlawful
and in violation of this Code.
| |
190.9 Health Department approval. Food and beverage
businesses shall not serve food or beverages unless approved by the
St. Louis County Health Department. Businesses that operate contrary
to this Section shall be deemed unlawful and in violation of this
Code.
| |
190.10 Common area and public area consent. Any
person requesting inspection for the purpose of occupancy of any space
shall, through the request, consent to inspection of any common or
public area contained within the building in which the requested inspection
will be conducted.
|
11.
(Chapter 1 - Scope and Administration) - (SECTION 191
VACANT BUILDING REGISTRATION AND MAINTENANCE)
191.1 Vacant building defined. As used in this
Section, "vacant building" means any residential or non-residential
building, or any part thereof, which is not occupied and has not been
occupied for at least the preceding 90 days by a person who has a
legal right to be on the premises.
191.2 Registration required. The owner of a vacant
building shall register the building with the Code Official no later
than 30 days after it becomes a vacant building within the meaning
of Section 191.1. The registration shall be on forms provided by the
Code Official and shall include all information the Code Official
may require. The registration shall remain valid for one year from
the date the Code Official approves the registration, unless terminated
sooner. The owner shall renew the registration annually so long as
the building remains vacant. If ownership of a building is transferred
while the building is registered, the former owner shall immediately
notify the Code Official in writing of the transfer, and the new owner
shall register the building with the Code Official within 30 days
after the transfer.
191.3 Registration fee. The registration fee shall
be in accordance with Section 103.5, which shall be paid by the owner
upon submission of an application with the Code Official to register
or renew the registration of a vacant building.
191.4 Property inspection and maintenance. Upon
registration of a vacant building, the Code Official shall inspect
the building and premises to determine whether an occupancy permit
could be issued therefor pursuant to Section 190. The Code Official
shall make available to the owner an inspection report listing any
conditions which are not in compliance with Code provisions applicable
to the issuance of an occupancy permit. Within 60 days after the inspection
report is issued, the owner shall bring the premises into such a condition,
and shall thereafter maintain the premises, so that an occupancy permit
could be issued therefor, or the owner shall demolish the building,
provided that the Code Official may extend said period if in the Code
Official's judgment practical difficulties interfere with demolishing
the building or bringing the premises into such a condition. Any such
extension shall not exceed 90 days; and for interior building condition
violations only, the Code Official may grant additional extensions,
provided the total amount of all extensions does not exceed 360 days.
Any failure or refusal by the owner to permit the Code Official to
inspect the building and premises shall terminate the registration.
12.
(Chapter 1 - Scope and Administration) - (SECTION 192
RESIDENTIAL RENTAL PROPERTY AGENT REGISTRATION)
192.1 Registration required. All residential property
that is let, sublet, leased or rented shall have an agent for the
property registered with the City in accordance with this Section.
192.1.1 Agent to be defined. All residential property
shall have a responsible agent defined for the property. For the purposes
of the Municipal Code, this agent shall be defined as "an owner having
interest in the property per the Municipal Code". The agent shall
provide a local mailing address, means of identification as required
by the Code Official, and any additional information required by the
Code Official to ensure proper communication in the future. For the
purposes of this Code, a post office box shall not constitute a proper
address.
192.1.2 Agent to be local. The agent shall be local
within a fifty-mile radius of the City.
192.1.3 Agent responsibilities. The agent is to
be responsible for the day-to-day operations of the property and shall
be liable for the property conditions and receipt of notices.
192.2 Associated costs. The associated costs for
registering agents shall be set forth as defined by this Code.
192.3 Requesting inspections. Only approved agents
shall be able to request occupancy inspections for residential rental
properties.
192.4 Agent disclosure. It is the responsibility
of the current agent and property owner to ensure the City is updated
when information changes concerning the agent, such as when a different
agent is assigned or agent contact information changes.
13.
(Chapter 1 - Scope and Administration) - (SECTION 193
OWNERSHIP INFORMATION)
193.1 Ownership update required. All property owners
shall keep mailing addresses for notifications updated with the Department
of Community Development, St. Louis County Recorder of Deeds and St.
Louis County Department of Revenue.
14.
(Chapter 2 - Definitions) - (SECTION 201 GENERAL)
201.3 Terms defined in other Codes. Where terms
are not defined in this Code and are defined in the Building, Residential,
Plumbing, Mechanical, Electrical, Existing Building, Energy Conservation,
Fire, Fuel Gas, Property Maintenance, or other applicable Codes adopted
by the City of University City, such terms shall have the meanings
ascribed to them as in those Codes.
15.
(Chapter 2 - Definitions) - (SECTION 202 GENERAL DEFINITIONS)
APPROVED. Approved by the Code Official.
| |||
BASEMENT. That portion of a building which is partly
or completely below grade.
| |||
BATHROOM. A room containing plumbing fixtures,
including a bathtub or shower.
| |||
BUILDING. Any structure used or intended for sheltering
any occupancy.
| |||
BUILDING CODE. The Building Code officially adopted
by the City Council of the City of University City, Missouri for the
regulation of construction, alteration, addition, repair, removal,
demolition, location, occupancy and maintenance of buildings and structures.
| |||
CITY. The City of University City, Missouri.
| |||
CODE OFFICIAL. The Building Commissioner of the
City of University City, or the duly authorized representative of
the Building Commissioner.
| |||
CONDEMN. To adjudge unfit for use or occupancy.
| |||
DERELICT VEHICLE. An inoperable vehicle, or a vehicle
that appears abandoned or unmaintained.
| |||
DORMITORY. A space in a building where group sleeping
accommodations are provided in one room, or in a series of closely
associated rooms, for persons not members of the same family.
| |||
DWELLING. See Section 202 of the Building Code
of University City.
| |||
DWELLING UNIT. A single unit, or any part thereof,
providing complete, independent living facilities for one or more
persons, including permanent provisions for living, sleeping, eating,
cooking and sanitation.
| |||
EASEMENT. That portion of land or property reserved
for present or future use by a person or agency other than the legal
fee owner(s) of the property. The easement shall be permitted to be
for use under, on or above a said lot or lots.
| |||
EFFICIENCY DWELLING UNIT. A dwelling unit containing
only one habitable room, with or without a separate kitchen space.
| |||
EXTERIOR PROPERTY. The open space on the premises
and on adjoining property under the control of owners or operators
of such premises.
| |||
EXTERMINATION. The control and elimination of insects,
rats or other pests by eliminating their harborage places; by removing
or making inaccessible materials that serve as their food; by poison
spraying, fumigating, trapping or by any other approved pest elimination
methods.
| |||
FAMILY. An individual or married couple and/or
the children thereof.
| |||
GARBAGE. The animal or vegetable waste resulting
from the handling, preparation, cooking and consumption of food.
| |||
GUARD. A building component or a system of building
components located at or near the open sides of elevated walking surfaces
that minimizes the possibility of a fall from the walking surface
to a lower level.
| |||
HABITABLE SPACE. Space in a structure for living,
sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls,
storage or utility spaces, and similar areas are not considered habitable
spaces.
| |||
HOTEL. Any building, containing six or more guest
rooms, intended or designed to be occupied, or which are rented or
hired out to be occupied, for sleeping purposes by guests.
| |||
HOUSEKEEPING UNIT. A room or group of rooms forming
a single habitable space equipped and intended to be used for living,
sleeping, cooking and eating which does not contain within such a
unit, a toilet, lavatory and bathtub or shower.
| |||
IMMEDIATE FAMILY MEMBER. A spouse, domestic partner,
sibling, parent, or child of the subject person.
| |||
IMMINENT DANGER. A condition which would cause
serious or life-threatening injury or death at any time.
| |||
INFESTATION. The presence, within or contiguous
to a structure or premises, of insects, rats, vermin or other pests.
| |||
INOPERABLE MOTOR VEHICLE. A vehicle which cannot
be driven upon the public streets for reasons, including but not limited
to being unlicensed, wrecked, abandoned, in a state of disrepair,
or incapable of being moved under its own power.
| |||
LABELED. Devices, equipment, appliances, or materials
to which has been affixed a label, seal, symbol or other identifying
mark of a nationally recognized testing laboratory, inspection agency
or other organization concerned with product evaluation that maintains
periodic inspection of the production of the above labeled item and
by whose label the manufacturer attests to compliance with applicable
nationally recognized standards.
| |||
LET FOR OCCUPANCY or LET. To permit, provide or
offer possession or occupancy of a dwelling unit, rooming unit, building,
premises or structure by a person who is or is not the legal owner
of record thereof, pursuant to a written or unwritten lease, agreement
or license, or pursuant to a recorded or unrecorded agreement of contract
for the sale of land.
| |||
OCCUPANCY. The purpose for which a building or
portion thereof is utilized or occupied.
| |||
OCCUPANT. Any individual living or sleeping in
a building, or having possession of a space within a building.
| |||
ONE-FAMILY DWELLING. A residential building, exclusively
containing one dwelling unit and private garage, carport or storage
uses incidental to that dwelling (also known as a "single-family dwelling").
| |||
OPENABLE AREA. That part of a window, skylight
or door which is available for unobstructed ventilation and which
opens directly to the outdoors.
| |||
OPERATOR. Any person who has charge, care or control
of a structure or premises which is let or offered for occupancy.
| |||
OWNER. Any person, agent, operator, firm or corporation
having a legal or equitable interest in the property; or recorded
in the official records of the State, County or municipality as holding
title to the property; or otherwise having control of the property,
including the guardian of the estate of any such person, and the executor
or administrator of the estate of such person if ordered to take possession
of real property by a court.
| |||
PERSON. An individual, corporation, partnership
or any other group acting as a unit.
| |||
PLUMBING. The practice, materials and fixtures
utilized in the installation, maintenance, extension and alteration
of all piping, fixtures, appliances and appurtenances within the scope
of the Plumbing Code of University City.
| |||
PLUMBING FIXTURE. A receptacle or device which
is either permanently or temporarily connected to the water distribution
system of the premises, and demands a supply of water therefrom; or
discharges wastewater, liquid-borne waste materials, or sewage either
directly or indirectly to the drainage system of the premises; or
which requires both a water supply connection and a discharge to the
drainage system of the premises.
| |||
PREMISES. A lot, plot or parcel of land, easement
or public way, including any structures thereon.
| |||
PUBLIC NUISANCE. Includes any of the following:
| |||
1.
|
The physical condition or occupancy of any premises regarded
as a public nuisance at common law;
| ||
2.
|
Any physical condition or occupancy of any premises or its appurtenances
considered an attractive nuisance to children, including, but not
limited to, abandoned wells, shafts, basements, excavations and unsafe
fences or structures;
| ||
3.
|
Any premises that has unsanitary sewage or plumbing facilities;
| ||
4.
|
Any premises designated as unsafe for human habitation;
| ||
5.
|
Any premises that is manifestly capable of being a fire hazard,
or is manifestly unsafe or unsecured so as to endanger life, limb
or property;
| ||
6.
|
Any premises from which the plumbing, heating or facilities
required by this Code have been removed, or from which utilities have
been disconnected, destroyed, removed or rendered ineffective, or
the required precautions against trespassers have not been provided;
| ||
7.
|
Any premises that is unsanitary, or that is littered with rubbish
or garbage, or that has an uncontrolled growth of weeds; or
| ||
8.
|
Any structure that is in a state of dilapidation, deterioration
or decay; faulty construction; overcrowded; open, vacant or abandoned;
damaged by fire to the extent so as not to provide shelter; in danger
of collapse or failure; and dangerous to anyone on or near the premises.
| ||
PUBLIC WAY. Any street, alley or similar parcel
of land essentially unobstructed from the ground to the sky, which
is deeded, dedicated or otherwise permanently appropriated to the
public for public use.
| |||
ROOMING HOUSE. A building, arranged or occupied
for lodging, with or without meals, for compensation and not occupied
as a one-family dwelling or a two-family dwelling.
| |||
RUBBISH. Combustible and non-combustible waste
materials, except garbage; the term shall include the residue from
the burning of wood, coal, coke and other combustible materials, paper,
rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches,
yard trimmings, tin cans, metals, mineral matter, glass, crockery
and dust and other similar materials.
| |||
STRICT LIABILITY OFFENSE. An offense in which the
prosecution in a legal proceeding is not required to provide criminal
intent as a part of its case. It is enough to prove that the defendant
either did an act which was prohibited, or failed to do an act which
the defendant was legally required to do.
| |||
STRUCTURE. That which is built or constructed,
or a portion thereof.
| |||
TENANT. A person, corporation, partnership or group,
whether or not the legal owner of record, occupying a building or
portion thereof as a unit.
| |||
TOILET ROOM. A room containing a water closet or
urinal but not a bathtub or shower.
| |||
TWO-FAMILY DWELLING. A residential building, containing
only two dwelling units.
| |||
VENTILATION. The natural or mechanical process
of supplying conditioned or unconditioned air to, or removing such
air from, any space.
| |||
WEED. Any uncultivated grass, plant, or vegetation,
other than trees, shrubs, or ground cover provided.
| |||
WORKMANLIKE. Executed in a skilled manner; e.g.,
generally plumb, level, square, in line, undamaged and without marring
adjacent work.
| |||
YARD. An open space on the same lot with a structure.
|
16.
(Chapter 3 - General Requirements)
- (SECTION 302 EXTERIOR PROPERTY AREAS)
302.4 Landscaping. Exterior property on residential
premises shall be provided with lawn or ground cover of vegetation
or shrubs, covering an area of not less than 10% of the total lot
area. All exterior property areas which are not covered by vegetation
shall be treated to prevent the blowing or scattering of dust particles
in the air. Any tree, shrub or other plant material on the premises
which overhangs a public entrance, driveway, or public walk shall
be trimmed to avoid obstruction of view or movement of vehicles and
pedestrians. Weeds and grass shall be maintained at a height of not
more than seven inches (203 mm) on all exterior property, except weeds
and grass on unimproved parcels of land shall be maintained at a height
of not more than 12 inches (305 mm). The area along fences and along
foundations shall be maintained free of volunteer growth of trees
and shrubs. Noxious weeds are prohibited. Vegetation shall be maintained
to prevent damage and/or harm to the persons, premises or other property
(including dead trees, tree branches scraping the house, etc.).
302.4.90 Dangerous trees. Trees that are found
to be dangerous because of the threat of collapse shall be removed
or partially removed as defined by the Building Commissioner to eliminate
the hazard.
302.4.91 Vegetation blocking public way. Vegetation
shall not block the ability of a person operating a vehicle from viewing
an adjoining public way. Vegetation shall not impede any public vehicular
or pedestrian way.
302.7.1 Fences. Fences shall be maintained in a
good state of repair and shall not be allowed to deteriorate to an
unsound or unsightly appearance. Repair shall be made with materials
that match the balance of the fence.
302.8 Motor vehicles. No wrecked, dilapidated,
or derelict motor vehicle, or any motor vehicle which does not meet
the safety standards for maintenance and operation as provided under
the Statutes of the State, or any part of such vehicle, shall be stored
on the premises:
Exceptions:
1.
Within a fully enclosed building.
2.
On the premises of a motor vehicle repair facility within the
limitations of a duly issued permit for such repair facility.
302.90 Open commercial storage areas. All open
salvage yards and open storage areas shall be completely obscured
from surrounding property and public areas by a solid screen not less
than six feet (1828 mm) in height.
| |
302.91 Exterior storage. No items shall be stored
outside without approved protection from elements unless the item
is designed to be stored in direct contact with the elements. All
exterior items shall be kept in a tidy manner and shall not accumulate
excessively.
|
302.92 Temporary storage containers. Temporary
exterior containers such as dumpsters and portable storage containers
used for moving shall not be a public nuisance.
| |
302.92.1 Dumpsters. Anyone placing a dumpster on
private property shall first obtain a permit from the Department of
Community Development. The permit shall be posted in a location in
plain view of the street, and it shall be protected from the elements.
Dumpsters placed on private property shall be regularly and/or promptly
serviced; maintained free of garbage and water; shall not be filled
to the point of overflow; and shall not be placed on the property
for more than 60 days without the approval of the Code Official. Violators
of this provision, or when it is determined by the Code Official that
the dumpster is a public nuisance, shall be warned either verbally
or by posting notice on the property in a conspicuous place. If the
violation is not corrected in a timely manner (no more than three
days), the Code Official may contact the waste disposal company and
have the dumpster emptied or removed.
| |
302.92.2 Portable storage containers. Anyone placing
a portable storage container on private property shall first obtain
a permit from the Department of Community Development. The permit
shall be posted in a location in plain view of the street, and it
shall be protected from the elements. Portable storage containers
(such as PODS, roll-away, etc.) shall be maintained in a tidy manner
and are to be short-term in nature. Containers shall not be placed
on private property for more than one week unless specifically approved
by the Code Official.
|
302.93 Yard waste general. All yard waste, including
but not limited to, tree limbs, branches, leaves, grass clippings,
sweet-gum balls, etc., shall be properly disposed and not allowed
to accrue on the property.
| |
302.94 Compost general. Compost shall not include
garbage and shall be maintained in approved containers and locations.
|
17.
(Chapter 3 - General Requirements) - (SECTION 303 SWIMMING
POOLS, SPAS AND HOT TUBS)
303.2 Enclosures. Private swimming pools, ponds,
hot tubs and spas, containing water more than 24 inches (610 mm) in
depth shall be completely surrounded by a fence or barrier at least
48 inches (1219 mm) in height above the finished ground level measured
on the side of the barrier away from the pool. Gates and doors in
such barriers shall be self-closing and self-latching. Where the self-latching
device is less than 54 inches (1372 mm) above the bottom of the gate,
the release mechanism shall be located on the pool side of the gate.
Self-closing and self-latching gates shall be maintained such that
the gate will positively close and latch when released from an open
position of six inches (152 mm) from the gatepost. No existing pool
enclosure shall be removed, replaced or changed in a manner that reduces
its effectiveness as a safety barrier.
Exception: Spas or hot tubs with a safety cover
that complies with ASTM F 1346 shall be exempt from the provisions
of this Section.
303.90 Prohibited locations and arrangements. Pedestrian
access gates in pool barriers shall not exceed 40 inches in width.
Gates other than pedestrian access gates are not permitted in pool
barriers. Barriers shall be located so as to prohibit permanent structures,
equipment, or similar objects from being used to climb the barriers.
18.
(Chapter 3 - General Requirements) - (SECTION 304 EXTERIOR
STRUCTURE)
304.3 Building numbers. The officially designated
building numbers shall be displayed in Arabic numerals not less than
four inches in height on all premises improved with a building, so
that such building number is easily observed and readable from the
street indicated by the address; and from the alley, if an alley adjoins
the premises; or from parking areas. These numbers shall contrast
the background.
Exception: Already existing building numbers that
meet all requirements except height and are a minimum of 2 1/2
inches in height.
304.13.2 Openable windows. Every window, other
than a fixed window, shall be easily openable and capable of being
held in position by window hardware. Sash springs and similar devices
are prohibited unless preapproved by the Code Official.
304.13.90 Board up. Since the presence of boarded-up buildings, particularly those where the boarding is unpainted or applied in an insecure, careless, or unpresentable fashion invites vandalism and creates a blighting influence which adversely affects the general welfare of the people of this City, it is hereby required that all boarding-up of exterior openings be accomplished in a neat, workmanlike manner with not less than one-half-inch-thick, weather-resistant plywood, cut to fit within openings, securely fastened in place and coated with an appropriate neutral color blending with or harmonizing with the exterior colors of the building so as to be as inconspicuous as possible. It shall be the duty of the Code Official to notify the owner or other person responsible, not complying with the above requirements, of the necessity of compliance, giving a period of not more than 10 working days in which to replace the broken glass, or repair, replace or paint the boarding. This notice shall be given in the manner required by Section 107 and it shall be unlawful for any person to fail to comply with the order of the Code Official contained in such notice. The boarding up of exterior wall openings of occupied structures shall be limited to temporary use unless the assemblage of material used fully meets the fire resistance requirements of the Building Code of University City and has been installed in accordance with the conditions of a duly issued building permit. If any part of a boarded-up building is occupied, it shall be the duty of the Code Official to notify the owner or other person responsible, giving them a period of not more than 10 working days in which to replace the glass or remove the temporary boarding and replacing it with permanent construction meeting the requirements of the Building Code of University City. This notice shall be given in the manner required by Section 107 and it shall be unlawful for any person to fail to comply with the order of the Code Official contained in such notice.
304.13.91 Board up installation. Board up shall
be installed per the requirements of Appendix A or as approved by
the Building Commissioner.
304.13.92 Shades. Shades, blinds, drapes and curtains
which are visible from the exterior shall be maintained in good condition
or they shall be removed. Non-approved window treatments, including
but not limited to, newspaper, foil, and cardboard shall be prohibited.
304.14 Insect screens. During the period from April
15 to November 15, every door, window and other outside opening used
or required for ventilation purposes serving any building containing
habitable rooms, food preparation areas, food service areas, or any
areas where products included or used in food for human consumption
are processed, manufactured, packaged or stored, shall be supplied
with approved tightly fitting screens of not less than 16 mesh per
inch, and every such 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.
304.15 Doors. All exterior door assemblies shall
be maintained in sound condition, good repair and weathertight. Locks
at all entrances to dwelling units, rooming units and guest rooms
shall tightly secure the door. Exterior doors used as a common means
of egress for more than two dwelling units shall have a self-closing
device in good working order, in order to protect against the entry
of rats and other vermin.
304.90 Display windows and entrances. All display
windows and entrances exposed to public view shall be kept clean and
maintained in good repair. No storage of materials, stock or inventory
shall be permitted in window display areas or similar areas ordinarily
exposed to public view unless screened by drapes, blinds or other
permanent means, and such screening is kept clean and maintained in
good repair.
304.91 Residential security bars, grilles or screens. Security bars, protective grilles and security screens shall not
be permitted on any window or doorway of any residential occupancy,
excluding basement windows. Such installations existing before January
7, 1991, shall not be required to be removed until such time as there
is a change of occupants in the affected dwelling unit; except that
bars, grilles or screens placed over emergency escape windows shall
comply with the requirements of Section 702.12.
304.92 Non-residential security bars, grilles, or screens. Security bars, burglar bars, protective grilles and security screens
shall not be permitted on the exterior or within six feet of the interior
side of any window or doorway of any storefront. Other windows and
service doorways not facing public walkways or the right-of-way are
excluded from this restriction except where they conflict with emergency
escape requirements. This restriction shall not apply to and shall
not prohibit gates and/or fences that secure outdoor areas. Such installations
existing before the date of passage of this Chapter shall not be required
to be removed until such time as there is a change of occupants in
the affected premises.
Permitted security bars, burglar bars, protective grilles or
security screens shall not provide a sight-proof effect when installed
and shall be made of stainless steel or other sturdy materials as
approved by the Building Commissioner; in metallic, black, stainless
steel finish, or a color that is compatible with the storefront; maintained
in a clean and good state of repair; and, firmly anchored to the building
via horizontal bars at the top and the bottom in an orientation parallel
to those windows or doorways with frontage on the aforementioned streets.
Individual openings, within and/or as part of the pattern or design
of these security devices, shall be a minimum of six square inches.
Hardware cloth, chicken wire, woven wire, chain link or wire fencing
materials shall not be used as a component of protective grilles or
security screens for show windows, display windows or building entrances.
Merchandise or other decorative objects may be displayed between the
show windows and the security barriers. Security bars, grilles, screens
and similar devices shall not impede an egress when the space is occupied
by a person or persons, and a lock box containing keys to the security
barricade shall be provided and located per the University City Fire
Code. During the operating hours of the business, the said security
devices shall not be employed.
19.
(Chapter 3 - General Requirements) - (SECTION 307 HANDRAILS
AND GUARDRAILS)
307.1 General. Every exterior and interior flight
of stairs more than four risers shall have a handrail on at least
one side of the stairs, and every open portion of a stair, landing,
balcony, porch, deck, ramp or other walking surface which is more
than 30 inches (762 mm) above the floor or grade below shall have
guards. Handrails shall not be less than 30 inches (762 mm) nor more
than 42 inches (1067 mm) high, measured vertically above the nosing
of the tread or above the finished floor of the landing or walking
surface.
Exception: Guards shall not be required where exempted
by the adopted Building Code of University City.
307.90 Retaining wall guards. Where retaining walls
with differences in grade level on either side of the wall in excess
of four feet are located closer than two feet to a walk, path, parking
lot or driveway on the high side, such retaining walls shall be provided
with guards that are constructed in accordance with the guard requirements
of the Property Maintenance Code of University City.
20.
(Chapter 3 - General Requirements) - (SECTION 390 UNIT
IDENTIFICATION)
390.1 Unit identification. In buildings containing
more than one dwelling unit or tenant space, every entry shall be
labeled by a number and/or letter identifying the unit. Identification
shall consist of the official numbers or letters identifying the unit;
a minimum of one inch in height and three-sixteenths-inch-thick stroke;
located near or on the door; contrasting the background; and shall
be more than four feet from the floor.
21.
(Chapter 3 - General Requirements) - (SECTION 391 ENVIRONMENTAL
AND ANIMAL CONCERNS)
391.1 Animals general. All animals on a property or from a property shall comply with Chapter 210 of the Municipal Code of University City.
391.2 Feces. Fees shall not be allowed to accrue
on private or public property. It is the responsibility of the occupant,
owner, and property agent to maintain property free of feces.
391.3 Trash carts general. All trash carts shall comply with Chapter 230 of the Municipal Code of University City.
391.4 Vehicles general. All vehicles shall comply with Chapters 380, 385 and 400 of the Municipal Code of University City, and the requirements of the Code.
391.5 Recreational vehicles. All recreational vehicles shall comply with Chapter 400 of the Municipal Code of University City.
391.6 Trash general. All refuse, garbage, litter, trash, and recycling vehicles shall comply with Chapter 230 of the Municipal Code of University City.
22.
(Chapter 4 - Light, Ventilation and Occupancy Limitations)
- (SECTION 401 GENERAL)
401.3 Alternative devices. In lieu of the means
for natural light and ventilation herein prescribed, artificial light
or mechanical ventilation complying with the Building Code of University
City shall be permitted.
23.
(Chapter 4 - Light, Ventilation and Occupancy Limitations)
- (SECTION 402 LIGHT)
402.2 Common halls and stairways. Every common
hall and stairway in residential occupancies, other than in one- and
two-family dwellings, shall be lighted at all times with at least
a 60 watt standard incandescent light bulb for each 200 square feet
(19 m2) of floor area or equivalent illumination,
provided that the spacing between lights shall not be greater than
30 feet (9144 mm). Every exterior stairway (residential or non-residential)
shall be illuminated at all times the building space served by the
means of egress is occupied, with a minimum of one footcandle (11
lux) at floors, landings and treads.
24.
(Chapter 4 - Light, Ventilation and Occupancy Limitations)
- (SECTION 403 VENTILATION)
403.2 Bathrooms and toilet rooms. Every bathroom
and toilet room shall comply with the ventilation requirements for
habitable spaces as required by Section 403.1, except that a window
shall not be required in such spaces equipped with a mechanical ventilation
system. Air exhausted by a mechanical ventilation system from a bathroom
or toilet room shall discharge to the outdoors and shall not be recirculated.
Exception: Toilet rooms without existing windows
where it is technically infeasible as determined by the Building Commissioner.
25.
(Chapter 4 - Light, Ventilation and Occupancy Limitations)
- (SECTION 404 OCCUPANCY LIMITATIONS)
404.4.90 Closets. Every bedroom shall have access
to a closet opening into the room, with a minimum floor area of six
square feet (.56 m2). Closet areas shall
not be counted as part of the floor areas of rooms.
404.5.90 Other habitable spaces required. Every
dwelling unit other than an efficiency dwelling unit permitted under
the provisions of Section 404.6 shall contain a living room, dining
room and kitchen with floor areas that comply with the minimum floor
area requirements of Table 404.5 based on the total number of occupants
in the unit.
404.5.91 Maximum number of occupants. No dwelling
unit shall be occupied by more occupants than the total number of
occupants permitted to occupy the bedrooms in accordance with the
provisions of Section 404.4.1. No part of a required living room,
required dining room, kitchen or nonhabitable space shall be counted
as bedroom space in determining maximum number of occupants permitted
in a dwelling unit; nor shall any other space be counted as bedroom
space unless it meets all of the requirements of Section 404.4.
404.5.92 Minimum number of occupants. All dwelling
units, other than efficiency units, shall have a minimum occupancy
of three people.
404.5.93 Bathroom occupancy limitation. Every dwelling
unit shall not be occupied by more than seven people per bathroom.
404.90 Single-family occupancy. A dwelling unit
shall not be occupied by more than a single family or three non-transient
adults and any of their dependent children, dependent parents, or
individuals to which custody has been granted and power of attorney
obtained, living together as a single, non-profit, housekeeping unit.
Exception: A bed-and-breakfast facility or a group
home authorized under the provisions of the Zoning Code of University
City.
26.
(Chapter 5 - Plumbing Facilities and Fixture Requirements)
- (SECTION 503 TOILET ROOMS)
503.1 Privacy. Toilet rooms and bathrooms shall
provide privacy and shall not constitute the only passageway to a
hall or other space or to the exterior.
27.
(Chapter 5 - Plumbing Facilities and Fixture Requirements)
- (SECTION 505 WATER SYSTEM)
505.1 General. Every sink, lavatory, bathtub or
shower, drinking fountain, water closet or other plumbing fixture
shall be properly connected to either a public water system or to
an approved private water system. All kitchen sinks, lavatories, laundry
facilities, bathtubs and showers shall be supplied with hot or tempered
and cold running water in accordance with the Plumbing Code of University
City.
28.
(Chapter 5 - Plumbing Facilities and Fixture Requirements)
- (SECTION 507 STORM DRAINAGE)
507.1 General. Drainage of roofs and paved areas,
yards, and courts, and other open areas on the premises shall not
be discharged in a manner that creates a public nuisance to sidewalks,
streets, or other public property.
29.
(Chapter 5 - Plumbing Facilities
and Fixture Requirements) - (SECTION 590 NUISANCE WATER DISCHARGE)
590.1 General. The following point-source methods
of discharging water to a neighboring property (whether in the City
or outside the City) shall be prohibited when identified as a nuisance:
1.
Redirection of downspouts.
2.
Draining or discharging of pool water.
3.
Discharge of sump pump drainage or similar drainage.
4.
Regrading of a lot.
590.2 Determination. Where the Building Commissioner
cannot make a determination of where the nuisance water originates
or cause of the nuisance water, or where the nuisance water does not
appear to be due to a recent change, the nuisance shall be handled
by the parties involved as a civil matter.
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30.
(Chapter 6 - Mechanical and
Electrical Requirements) - (SECTION 602 HEATING FACILITIES)
602.3 Heat supply. Every owner and operator of
any building who rents, leases or lets one or more dwelling unit,
rooming unit, dormitory or guestroom on terms, either expressed or
implied, to furnish heat to the occupants thereof, shall supply heat
during the period from October 1 to May 15 to maintain a temperature
of not less than 68°F (20°C) in all habitable rooms, bathrooms
and toilet rooms.
Exception: When the outdoor temperature is below
the winter outdoor design temperature for the locality, maintenance
of the minimum room temperature shall not be required, provided that
the heating system is operating at its full design capacity. The winter
outdoor design temperature for the locality shall be as indicated
in Appendix D of the Plumbing Code of University City.
602.4 Occupiable work spaces. Indoor occupiable
work spaces shall be supplied with heat during the period from October
1 to May 15 to maintain a temperature of not less than 68°F (20°C)
during the period the spaces are occupied.
Exceptions:
31.
(Chapter 6 - Mechanical and
Electrical Requirements) - (SECTION 604 ELECTRICAL FACILITIES)
604.2 Service. The size and usage of appliances
and equipment shall serve as a basis for determining the need for
additional facilities in accordance with the Electrical Code of University
City. Dwelling units shall be served by a three-wire, 120/240 volt,
single-phase electrical service having a rating of not less than 60
amperes.
604.3 Electrical system hazards. Where it is found
that the electrical system in a structure constitutes a hazard to
the occupants or the structure by reason of inadequate service, improper
fusing, insufficient receptacle and lighting outlets, improper wiring
or installation, deterioration or damage, or for similar reasons,
the Code Official shall require the defects to be corrected to eliminate
the hazard.
Electrical system hazards shall include, but are not limited
to, the following list:
1.
Inadequate or undersized service.
2.
Improper fusing or overcurrent protection.
3.
Insufficient receptacle distribution (including the lack of
receptacles above kitchen counter spaces).
4.
Lack of sufficient lighting fixtures.
5.
Deteriorated, damaged, worn or otherwise defective wiring, equipment
and appliances.
6.
Improperly installed or protected wiring methods including the
lack of grounding conductors for equipment requiring grounding conductors
per the listing and labeling or installation instructions.
7.
Open splices in wiring.
8.
Inadequately supported devices, wiring or equipment.
9.
Any exposed conductors or components constituting a shock hazard.
10.
Missing or damaged device cover plates.
11.
Use of extension cords as permanent wiring.
12.
Overloaded receptacles or circuitry.
13.
Lack of ground fault circuit interrupter (GFCI)
protection.
604.3.90 Prohibited installations. The following
are prohibited, and their presence shall be deemed a hazard:
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1.
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Flush- or semi-flush-mounted floor receptacle outlets, unless
it is an approved floor receptacle.
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2.
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Extension cords for other than short-term temporary use.
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3.
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Lamp cord used as permanent wiring.
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4.
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Conductor-supported pendant switches or conductor-supported
pendant lighting fixtures.
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5.
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Loose, hanging, frayed or bare wires.
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6.
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Grounded-type receptacles which are improperly or inadequately
grounded.
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7.
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Ground-fault circuit-interrupter protection-type receptacles
and receptacles marked as having ground-fault circuit-interrupter
protection which do not interrupt the circuit when the test button
is actuated.
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8.
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Knife switches not in an approved enclosure or without an enclosure
latching mechanism.
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32.
(Chapter 6 - Mechanical and Electrical Requirements) -
(SECTION 606 ELEVATORS, ESCALATORS, AND DUMBWAITERS)
606.1.90 Inspection submittals. Elevator inspection
reports required by ASME A17.1 shall be submitted to the City by September
1 and March 1.
33.
(Chapter 6 - Mechanical and Electrical Requirements) -
(SECTION 690 EQUIPMENT IDENTIFICATION)
690.1 Equipment identification. In all buildings
containing multiple dwelling units and/or occupancy groups, electrical
and mechanical equipment not serving the entire building shall be
appropriately labeled to indicate the unit the equipment serves. Equipment
to be labeled shall include, but shall not be limited to, electric
panels and similar equipment, disconnects, water heaters, furnaces
and air-conditioning condensers.
34.
(Chapter 7 - Fire Safety Requirements) - (SECTION 702
MEANS OF EGRESS)
702.4 Emergency escape. Every sleeping room located
in a basement shall have at least one openable window or exterior
door approved for emergency egress or rescue; or shall have access
to not less than two approved independent exits. Where a window is
provided for emergency egress or rescue, the window shall have the
bottom of the clear opening not more than 44 inches (1118 mm) above
the floor. The minimum net clear opening shall be five square feet
(0.47 m2). The minimum net clear opening
height dimension shall be 24 inches (610 mm). The minimum net clear
opening width dimension shall be 20 inches (508 mm).
702.11 Locked doors. All means of egress doors
shall be readily openable from the side from which egress is to be
made without the need for keys, special knowledge or effort.
Exception: Key operation is permitted from a dwelling
unit, provided the existing dwelling unit means of egress door contains
a glass panel or is located immediately adjacent to an existing window
or fixed glass panel and there is another approved means of egress
door from the dwelling unit not requiring key operation from the inside.
35.
(Chapter 7 - Fire Safety Requirements) - (SECTION 703
FIRE RESISTANCE RATINGS)
703.1 Fire-resistance-rated assemblies. The required
fire-resistance rating of fire-resistance-rated walls, ceilings, fire
stops, shaft enclosures, partitions, floors and other elements or
components such as fire and draft stopping shall be maintained.
703.2 Opening protectives. Required opening protective
shall be maintained in an operative condition. All fire and smokestop
doors shall be maintained in operable condition. Fire doors and smoke-barrier
doors shall not be held open, blocked, obstructed or otherwise made
inoperable.
703.90 Attached garages. Private garages located
beneath a dwelling unit shall be separated from the dwelling unit
by walls, partitions, floors and ceilings with a fire resistance rating
of not less than one (1) hour. Private garages attached to a dwelling
shall be completely separated from the dwelling unit, its basement
and its attic area by means of one-half-inch gypsum board or equivalent
applied to the garage side and taped at the joints. Doors separating
garages from such dwelling units, basements or attics shall be solid
core doors with a minimum thickness of 1 3/8 inches or an approved
equivalent door.
36.
(Chapter 7 - Fire Safety Requirements) - (SECTION 704
FIRE PROTECTION SYSTEMS)
704.1.90 Fire extinguishers. Where fire extinguishers
are installed in a non-required location, all extinguishers shall
be installed and maintained at all times in accordance with NFPA 10
Standard for portable fire extinguishers.
704.1.91 Records. A complete written record of
all tests, inspections and repairs of any fire protection systems,
devices and equipment to detect a fire, actuate an alarm, or suppress
or control a fire shall be maintained on the property for three years
and a copy filed immediately with the Building Commissioner.