[R.O. 1996 § 500.010; Code 1985,
§ 47.130; CC 1990 § 5-1; Ord.
No. 2271 § 1, 12-3-2012; Ord. No. 2550, 7-26-2021]
The City Clerk is hereby authorized
and instructed to obtain one (1) copy of each code mentioned in this
Chapter.
[R.O. 1996 § 500.020; Code 1985,
§ 47.140; CC 1990 § 5-2; Ord.
No. 2271 § 1, 12-3-2012; Ord. No. 2550, 7-26-2021]
A.
Any person who shall violate any provision
of this Chapter or any of the codes adopted in this Chapter shall
be deemed guilty of an ordinance violation.
[R.O. 1996 § 500.030; Code 1985,
§ 46.140; CC 1990 § 5-82; Ord.
No. 2271 § 1, 12-3-2012; Ord. No. 2550, 7-26-2021]
A.
The person designated as Building Official
by the City shall enforce the provisions of this Chapter and is hereby
authorized to make inspections or respond to a complaint that an alleged
violation of the provisions of this Chapter or of applicable rules
or regulations pursuant thereto may exist; or when the person designated
as Building Official by the City has valid reason to believe that
a violation of this Chapter or any rules and regulations pursuant
thereto has been or is being committed.
B.
The person designated as Building Official
by the City or his/her authorized agent is hereby authorized to enter
and inspect between the hours of 8:00 A.M. and 5:00 P.M. all dwellings,
dwelling units, and rooming houses, rooming units, dormitories and
dormitory rooms subject to the provisions of this Chapter for the
purpose of determining whether there is compliance with its provisions.
C.
The person designated as Building Official
by the City or his/her authorized agent is hereby authorized to inspect
the premises surrounding dwellings, dwelling units, rooming houses,
rooming units, dormitories and dormitory rooms subject to this Chapter
for the purpose of determining whether there is compliance with its
provisions.
D.
The person designated as Building Official by the City or his/her authorized agent and the owner, occupant or other person in charge of a dwelling, dwelling unit, rooming unit, rooming house or dormitory room subject to this Chapter may agree to an inspection by appointment at a time other than the hours provided by Subsection (B) of this Section.
E.
The owner, occupant or other person in
charge of a dwelling, dwelling unit, rooming unit, rooming house or
dormitory room upon presentation of proper identification by the person
designated as Building Official by the City or his/her authorized
agent shall give the person designated as Building Official by the
City or his/her authorized agent entry and free access to every part
of the dwelling, dwelling unit, rooming unit or dormitory room or
to the premises surrounding any of these.
F.
The person designated as Building Official
by the City or his/her authorized agent shall keep confidential all
evidence, exclusive of the inspection record, which it may discover
or obtain in the course of an inspection made pursuant to this Section
and such evidence shall be considered privileged.
G.
If any owner, occupant, or other person
in charge of a dwelling, dwelling unit or rooming unit, or of a multiple
dwelling or a rooming house fails or refuses to permit free access
and entry to the structure or premises under his/her control, or any
part thereof, with respect to which an inspection authorized by this
Chapter is sought to be made, the person designated as Building Official
by the City or his/her authorized agent may, upon a showing that probable
cause exists for the inspection and for the issuance of an order directing
compliance with the inspection requirements of this Section with respect
to such dwelling, dwelling unit, rooming unit, multiple dwelling,
or rooming house, petition and obtain such order from a court of competent
jurisdiction. When required, the person designated as Building Official
by the City or his/her authorized agent shall obtain the necessary
order from the court to conduct the inspection.
[R.O. 1996 § 500.040; Code 1985,
§ 46.160; CC 1990 § 5-83; Ord.
No. 2271 § 1, 12-3-2012; Ord. No. 2550, 7-26-2021]
The person designated as Building
Inspector by the City or his/her authorized agent is hereby authorized
to make, adopt, revise and amend procedural rules and regulations
as it deems necessary to administer the purposes of this Chapter.
[R.O. 1996 § 500.050; Code 1985,
§ 46.170; CC 1990 § 5-84; Ord.
No. 2271 § 1, 12-3-2012; Ord. No. 2550, 7-26-2021]
A.
Whenever the person designated as Building
Inspector by the City or his/her authorized agent determines that
any dwelling, dwelling unit, or rooming unit, or the premises surrounding
any of these, fails to meet the requirements set forth in this Chapter
or in applicable rules and regulations issued pursuant thereto, the
person designated as Building Inspector by the City or his/her authorized
agent in accordance with existing legislation shall issue a notice
setting forth the alleged failures, and advising the owner, occupant,
operator, or agent that such failures must be corrected. This notice
shall:
1.
Be in writing.
2.
Set forth the alleged violations
of this Chapter or of applicable rules and regulations issued pursuant
thereto.
3.
Describe the dwelling, dwelling unit
or rooming unit where the violations are alleged to exist or to have
been committed. Such written notice shall specify an appropriate or
acceptable method of correction.
4.
Specify a specific date for the correction
of any violation alleged.
5.
Be served upon the owner, occupant,
operator, or agent of the dwelling, dwelling unit, or rooming unit
personally, or by registered mail, return receipt requested, addressed
to the owner, occupant, operator or agent. If one (1) or more persons
to whom such notice is addressed cannot be found after diligent effort
to do so, service may be made upon such persons by posting the notice
in or about the dwelling, dwelling unit or rooming unit described
in the notice, or by causing such notice to be published in a newspaper
of general circulation for a period of seven (7) consecutive days.
B.
At the end of the period of time allowed
for the correction of any violation alleged, the person designated
as Building Inspector by the City or his/her authorized agent shall
re-inspect the dwelling, dwelling unit or rooming unit described in
the notice.
C.
If upon re-inspection the violations are
determined by the person designated as Building Inspector by the City
or his/her authorized agent not to have been corrected, the person
designated as Building Inspector by the City or his/her authorized
agent shall initiate legal proceedings for the immediate correction
of the alleged violations or shall order the dwelling, dwelling unit
or rooming unit vacated within thirty (30) days, or both.
[R.O. 1996 § 500.060; Code 1985,
§ 46.210; CC 1990 § 5-85; Ord.
No. 1928, 11-26-2007; Ord. No. 2271 § 1, 12-3-2012; Ord. No. 2550, 7-26-2021]
A.
There is hereby created a Construction
Code Board of Appeals consisting of five (5) members who shall be
appointed by the Mayor with the approval of the Board of Aldermen.
B.
The Construction Code Board of Appeals
shall adopt reasonable rules and regulations for the conduct of its
meetings and investigations and shall render all decisions and findings
in writing to the Mayor of the City and all decisions and findings
shall be made part of the public record.
C.
Any person aggrieved by a notice of the
person designated as Building Inspector by the City or his/her authorized
agent issued in connection with any alleged violation of this Chapter
or of any applicable rule or regulation issued pursuant thereto or
by any order requiring repair or demolition may apply to the Construction
Code Board of Appeals for an administrative conference for reconsideration
of such notice or order provided such application is made within twenty-one
(21) days after the date the notice or order was issued. If the Construction
Code Board of Appeals holds an administrative conference for reconsideration
of notice or order, the Construction Code Board of Appeals shall prepare
a summary of the conference and shall state the decision reached.
Such summary and statement shall become part of the public record.
In no case shall the Board provide a general change in the code and
in no case shall the Board decide an appeal from an action of the
Board of Aldermen.
D.
The Construction Code Board of Appeals
upon receipt of an appeal shall set a time and place for the hearing
within ten (10) days of the receipt of such application and shall
advise the applicant in writing of such time and place at least seven
(7) days prior to the date of the hearing.
E.
At such a hearing the applicant shall be
given an opportunity to be heard and to show cause why such notice
or order should be modified, extended or withdrawn.
F.
The Construction Code Board of Appeals,
by a majority vote, may sustain, modify or withdraw the notice or
order. In granting an extension or modification of any notice or order,
the Construction Code Board of Appeals shall observe the following
conditions:
1.
The Construction Code Board of Appeals
may grant an extension of time for the compliance of any order or
notice for not more than six (6) months subject to appropriate conditions
and provided that the Appeals Board makes specific findings of fact
based on evidence relating to the following:
2.
The Construction Code Board of Appeals
may grant a modification in a specific case and from a specific provision
of this Chapter subject to appropriate conditions and provided the
Construction Code Board of Appeals makes specific findings of fact
based on evidence related to the following:
a.
There are practical difficulties
or unnecessary hardships in carrying out the strict letter of any
notice or order.
b.
The effect of the application of
the provisions would be arbitrary in the specific case.
c.
A modification would constitute an
appropriate remedy for these practical difficulties or unnecessary
hardships and this arbitrary effect.
d.
Such modification is in harmony with
the general purpose and intent of this Chapter in securing the public
health, safety and general welfare.
[R.O. 1996 § 500.070; Code 1985,
§ 46.220; CC 1990 § 5-86; Ord.
No. 2271 § 1, 12-3-2012; Ord. No. 2550, 7-26-2021]
A.
Whenever, in the judgment of the person
designated as Building Inspector by the City or his/her authorized
agent, an emergency exists which requires immediate action to protect
the public health, safety, or welfare, an order may be issued, without
a hearing or appeal, directing the owner, occupant, operator, or agent
to take such action as is appropriate to correct or abate the emergency.
If circumstances warrant, the person designated as Building Inspector
by the City or his/her authorized agent may act to correct or abate
the emergency.
B.
The owner, occupant, operator, or agent
shall be granted a hearing before the Board of Aldermen on the matter
upon his/her request, as soon as practicable, but such appeal shall
in no case stay the abatement or correction of such emergency.
[R.O. 1996 § 500.075; Ord. No. 2052, 11-10-2009; Ord. No. 2271 § 1, 12-3-2012; Ord. No. 2471, 8-12-2019]
A.
The provisions of this Section shall take
precedence over any portions of the International Codes as adopted
by the City of Grain Valley.
B.
ELECTRICAL CONTRACTOR
MECHANICAL CONTRACTOR
PLUMBING CONTRACTOR
Definitions. For the purposes of this Section,
the following words and phrases shall have the meanings respectively
ascribed to them:
Any person, business, organization, partnership, corporation
or sole proprietorship that engages in the business of contraction
for installation, alteration, repair, assembly, maintenance or service
of electrical systems within the City of Grain Valley.
Any person, business, organization, partnership, corporation
or sole proprietorship that engages in the business of contraction
for installation, alteration, repair, assembly, maintenance or service
of heating, ventilating and air-conditioning (HVAC) systems within
the City of Grain Valley.
Any person, business, organization, partnership, corporation
or sole proprietorship that engages in the business of contraction
for installation, alteration, repair, assembly, maintenance or service
of plumbing systems and fixtures within the City of Grain Valley.
C.
No electrical, mechanical or plumbing contractor,
as defined herein, or other person, business, organization, partnership
or corporation shall contract to perform or sublet any work to a person
not licensed for such work under the provisions of this Section or
perform building, electrical, mechanical or plumbing work, unless
at least one (1) person who is licensed as set forth herein is an
employee of the business, organization, partnership or corporation
to do or doing the building.
D.
To be properly licensed, a person must
hold, at the time of contracting and at the time of the performance
of the work, a valid Master trade license from the State of Missouri,
City of Kansas City, Missouri; the City of Independence, Missouri;
Johnson County, Kansas; a Thomson (formerly Block and Associates)
test certificate; or ICC Contractor Examination Services test certificate
or other nationally recognized equivalent with a minimum score of
seventy-five percent (75%).
E.
Licenses Are Not Transferable. The right of a person, business, organization, partnership or corporation to do business as a contractor as defined in Subsection (B) depends upon the retention of the person holding the Master certification or test certificate. The Director of Community Development or designee may request documentation to verify the person holding the certification is a current employee, member or officer of the business, organization, partnership or corporation.
F.
No permit shall be issued for the performance of electrical, mechanical or plumbing work as defined in this Section unless said work will be performed in compliance with Subsection (C) and a valid license or test certificate as required in Subsection (D) is provided for the inspection at the time the permit is applied for or received.
G.
Exceptions. The following persons shall
not be required to comply with the above licensing requirements:
1.
Craftsmen, employees or agents working
for and under the supervision of a contractor licensed under this
Article for any type of construction being undertaken.
2.
Manufacturer's representatives working
under the direct supervision of a licensed individual and/or sales
representative installing low-amperage fixtures that they have sold
to the location where it is being installed.
3.
Any person currently occupying and
doing work regulated by this Section in an existing single-family
dwelling used exclusively for living purposes, including the usual
detached accessory building(s), providing such person certifies that
he/she is occupying the existing dwelling and is the bona fide owner
of such dwelling and accessory building(s) and that said owner shall
personally purchase all material and perform all labor in connection
therewith, providing that all such work shall be subject to permit,
inspection and approval in accordance with the terms of this Article.
H.
As a condition precedent to the issuance of an occupational license involving electrical, mechanical or plumbing work, the applicant shall furnish to the City of Grain Valley a certificate of insurance evidencing that the applicant has in force a policy of general liability insurance, including completed operations coverage during the term of the building permit. Such insurance policy shall be written with an insurance company listed to do business in the State of Missouri. All contractors shall maintain general liability coverage in an amount no less than five hundred thousand dollars ($500,000.00) per occurrence for personal injuries and property damage. In addition, every such contractor shall procure and maintain workers' compensation insurance as required by law. Proof of insurance shall be provided at the time of licensure and shall have the City of Grain Valley added as a certificate holder to the insurance policy. The insurance policy shall require the insurance company to notify the City of Grain Valley in writing any change or cancellation of such policy at least ten (10) days prior thereto. In addition to the aforementioned insurance requirements, any licensed contractor performing work in the City right-of-way as a condition of a building permit must meet the bonding requirements set forth in Section 505.080, Bond Prerequisite To Issuance.
1.
The Director of Community Development
or designee shall have the power to suspend or revoke any license
granted under the terms and provisions of this Chapter whenever it
shall be shown or whenever they have knowledge that a licensee is
conducting said business or manufacturing in violation of any ordinance
of the City.
2.
Where action of suspension or revocation
is to be taken pursuant to this Chapter, the licensee shall have fifteen
(15) days' written notice of the Director of Community Development
or designee's intention to suspend or revoke the license prior to
such suspension or revocation. Such written notice shall be directed
by certified or registered U.S. Mail to the business address of the
licensee on such licensee's application on file in the office of the
City Clerk and shall specify the grounds upon which the license is
sought to be suspended or revoked.
3.
The licensee shall have full right
to request a hearing and to be represented by counsel at such hearing,
to produce witnesses in his/her behalf, and any such hearing, as herein
provided, shall be before the Construction Code Board of Appeals.
4.
The Director of Community Development
or designee may suspend any said license for a period not to exceed
ninety (90) days.
