[Ord. No. 396 Art.
XX, 4-29-1960; Ord. No. 567 § 1, 2-20-1963; Ord. No. 1514 § 1, 5-7-1992; Ord. No. 2123 § 1, 2-18-2010]
(a) It shall be the duty of the city engineer, with the aid of the city
Marshal, to enforce this chapter in accordance with the administrative
provisions of the building code and of this chapter.
(b) Building permits.
(1)
No building or structure shall hereafter be erected, reconstructed
or structurally altered, nor shall any work be started upon same until
a building permit for same has been issued by the city engineer of
the city of Bellefontaine Neighbors. The permit shall state that the
proposed building structure complies with all the provisions of this
chapter and will remain in effect for a period of one (1) year.
(2)
Filing of plans. All applications for building
permits shall be accompanied by plans in triplicate, drawn to scale,
showing the actual shape and dimensions of the lot to be built upon,
the exact size and location on the lot of the buildings and accessory
buildings existing, and the lines within which the buildings or structure
shall be erected or altered, the existing and intended use of each
building or part of building, the number of families the building
is designed to accommodate, and such other information with regard
to the lot and neighboring lots as may be necessary to determine and
provide for the enforcement of this chapter. One (1) copy of such
plans shall be returned to the owner when such plans shall have been
approved by the city engineer. All dimensions shown on those plans
relating to the location and size of the lot to be built upon shall
be based on an actual survey. The lot and the location of the building
thereon shall be staked out on the ground before construction is started.
(c) Certificate of occupancy.[Ord. No. 2574, 6-18-2020]
(1)
Subsequent to the effective date of this chapter, no change
in the use or occupancy of land, nor any change in the use or occupancy
of an existing building, other than for single-family dwelling purposes,
shall be made nor shall any new building be occupied for any purpose
until an application shall have been made to the city engineer by
the owner of the premises or by the tenant and until a certificate
of occupancy shall have been issued therefor by the city engineer.
Every certificate of occupancy shall state that the new occupancy
complies with all provisions of this chapter and no occupancy permit
shall be issued to make a change unless such change is in conformity
with the provisions of this chapter.
(2)
Certificate of occupancy shall be applied for coincidentally
with the application for construction permit, and shall be issued
within ten (10) days after the lawful erection, reconstruction, or
alteration of the building is completed with the necessary accessory
plumbing and compliance with sanitary requirements.
(3)
It shall be the duty of the city engineer to cause an inspection
to be made of the premises to determine that any new use or occupancy
complies with all provisions of this chapter. The fee for a residential
certificate of occupancy shall be forty dollars ($40.00) and the fee
for a commercial certificate of occupancy shall be one hundred and
twenty-five dollars ($125.00) payable at the time application is made
therefor. Said fee shall be paid to the city clerk who shall forthwith
pay it over to the city treasurer to the credit of the general revenue
fund of the City of Bellefontaine Neighbors.
(4)
A record of all certificates of occupancy shall be kept on file
in the office of the city engineer, and copies shall be furnished
by the city engineer on request to any person having a proprietary
or tenancy interest in land or a building affected by such certificate
of occupancy. The cost of such copy shall be borne by the person requesting
the copy.
(d) In case any building or structure is erected, constructed, reconstructed,
altered, converted, or any building or structure or land is used in
violation of this chapter or other regulations or resolutions of the
board of aldermen made under authority conferred hereby, the city
engineer or the city of Bellefontaine Neighbors, as a corporation,
or any interested person, may institute any appropriate action or
proceedings to prevent such unlawful erection, construction, reconstruction,
alteration, conversion, maintenance or use to restrain, correct, or
abate such violation, to prevent the occupancy of said building or
land, or to prevent any illegal act, conduct, business, or use in
and to any of such premises.
(e) Penalties.
(1)
Persons responsible. Any person, firm, association
or corporation, and any employee, assistant, agent or any other person
who shall own, lease or be in charge of any property as to which a
violation of the requirements of this chapter shall exist, and any
other person, firm association or corporation or employee or agent
thereof who shall participate or take part in, join or aid in the
violation of the requirements of this chapter shall be jointly and
severally responsible for any such violation.
(2)
Penalty. Any person violating any requirements
of this chapter may be prosecuted as provided by law for violations
of ordinances of the city of Bellefontaine Neighbors and upon conviction
shall be punished by a fine not to exceed five hundred dollars ($500.00)
or imprisonment for a period not to exceed ninety (90) days, or by
both such fine and imprisonment. Each day that a violation exists
shall constitute a separate offense.
[Ord. No. 2069 § 4, 10-4-2007]
(a) Definitions. The following terms shall have the
following meanings unless otherwise defined by context:
DIRECTOR
The city's Public Works Director or such other person designated to administer and enforce Chapter
15, Section
15-366 to
15-372 and Chapter
9, Sections
9-8 to
9-13.
FACILITIES
A network or system or any part thereof used for providing
or delivering a service and consisting of one (1) or more lines, pipes,
irrigation systems, wires, cables, fibers, conduit facilities, cabinets,
poles, vaults, pedestals, boxes, appliances, antennas, transmitters,
radios, towers, gates, meters, appurtenances or other equipment.
FACILITIES PERMIT
A permit granted by the city for placement of facilities
on private property.
PERSON
An individual, partnership, limited liability corporation
or partnership, association, joint stock company, trust, organization,
corporation or other entity or any lawful successor thereto or transferee
thereof.
SERVICE
Providing or delivering an economic good or an article of
commerce, including, but not limited to, gas, telephone, cable television,
Internet, open video systems, video services, alarm systems, steam,
electricity, water, telegraph, data transmission, petroleum pipelines,
sanitary or stormwater sewerage or any similar or related service,
to one (1) or more persons located within or outside of the city using
facilities located within the city.
(b) Facilities permits.
(1)
Any person desiring to place facilities on private property
must first apply for and obtain a facilities permit, in addition to
any other building permit, license, easement, franchise or authorization
required by law. The director may design and make available standard
forms for such applications, requiring such information as allowed
by law and as the director determines in his or her discretion to
be necessary and consistent with the provisions of this section and
to accomplish the purposes of this section. Each application shall
at minimum contain the following information, unless otherwise waived
by the director:
(a)
The name of the person on whose behalf the facilities are to
be installed and the name, address and telephone number of a representative
whom the city may notify or contact at any time (i.e., twenty-four
(24) hours per day, seven (7) days per week) concerning the facilities;
(b)
A description of the proposed work, including a site plan and
such plans or technical drawings or depictions showing the nature,
dimensions and description of the facilities, their location and their
proximity to other facilities that may be affected by their installation.
(2)
Each such application shall be accompanied by an application
fee approved by the city to cover the cost of processing the application.
(3)
Application review and determination.
(a)
The director shall promptly review each application and shall
grant or deny the application within thirty-one (31) days. Unless
the application is denied pursuant to subparagraph (d) hereof, the
director shall issue a facilities permit upon determining that the
applicant:
(i) Has submitted all necessary information,
(ii) Has paid the appropriate fees, and
(iii) Is in full compliance with this section and all
other city ordinances. The director may establish procedures for bulk
processing of applications and periodic payment of fees to avoid excessive
processing and accounting costs.
(b)
It is the intention of the city that proposed facilities will
not impair public safety, harm property values or significant sight
lines or degrade the aesthetics of the adjoining properties or neighborhood
and that the placement and appearance of facilities on private property
should be minimized and limited in scope to the extent allowed by
law to achieve the purposes of this section. To accomplish such purposes
the director may impose conditions on facilities permits, including
alternative landscaping, designs or locations, provided that such
conditions are reasonable and necessary, shall not result in a decline
of service quality and are competitively neutral and non-discriminatory.
(c)
An applicant receiving a facilities permit shall promptly notify
the director of any material changes in the information submitted
in the application or included in the permit. The director may issue
a revised facilities permit or require that the applicant reapply
for a facilities permit.
(d)
The director may deny an application, if denial is deemed to
be in the public interest, for the following reasons:
(i) Delinquent fees, costs or expenses owed by the
applicant;
(ii) Failure to provide required information;
(iii) The applicant being in violation of the provisions
of this section or other city ordinances;
(iv) For reasons of environmental, historic or cultural
sensitivity, as defined by applicable federal, state or local law;
(v) For the applicant's refusal to comply with reasonable
conditions required by the director; and
(vi) For any other reason to protect the public health,
safety and welfare, provided that such denial does not fall within
the exclusive authority of the Missouri Public Service Commission
and is imposed on a competitively neutral and non-discriminatory basis.
(4)
Permit revocation and ordinance violations.
(a)
The director may revoke a facilities permit without fee refund
after notice and an opportunity to cure, but only in the event of
a substantial breach of the terms and conditions of the permit or
this section. Prior to revocation the director shall provide written
notice to the responsible person identifying any substantial breach
and allowing a reasonable period of time not longer than thirty (30)
days to cure the problem, which cure period may be immediate if certain
activities must be stopped to protect the public safety. The cure
period shall be extended by the director on good cause shown. A substantial
breach includes, but is not limited to, the following:
(i) A material violation of the facilities permit or
this section;
(ii) An evasion or attempt to evade any material provision
of the permit or this Section or the perpetration or attempt to perpetrate
any fraud or deceit upon the city or its residents;
(iii) A material misrepresentation of fact in the permit
application;
(iv) A failure to complete facilities installation
by the date specified in the permit, unless an extension is obtained
or unless the failure to complete the work is due to reasons beyond
the applicant's control; and
(v) A failure to correct, upon reasonable notice and
opportunity to cure as specified by the director, work that does not
conform to applicable national safety ordinances, industry construction
standards or the city's pertinent and applicable ordinances including,
but not limited to, this section, provided that city standards are
no more stringent than those of a national safety ordinance.
(b)
Any breach of the terms and conditions of a facilities permit
shall also be deemed a violation of this section and in lieu of revocation
the director may initiate prosecution of the applicant or the facilities
owner for such violation.
(5)
Appeals and alternative dispute resolution.
(a)
Any person aggrieved by a final determination of the director
may appeal in writing to the mayor within five (5) business days thereof.
The appeal shall assert specific grounds for review and the mayor
shall render a decision on the appeal within fifteen (15) business
days of its receipt affirming, reversing or modifying the determination
of the director. The mayor may extend this time period for the purpose
of any investigation or hearing deemed necessary. A decision affirming
the director's determination shall be in writing and supported by
findings establishing the reasonableness of the decision. Any person
aggrieved by the final determination of the mayor may file a petition
for review pursuant to Chapter 536, RSMo., as amended, in the Circuit
Court of the County of St. Louis. Such petition shall be filed within
thirty (30) days after the mayor's final determination.
(b)
On agreement of the parties and in addition to any other remedies,
any final decision of the mayor may be submitted to mediation or binding
arbitration.
(i) In the event of mediation, the mayor and the applicant
shall agree to a mediator. The costs and fees of the mediator shall
be borne equally by the parties and each party shall pay its own costs,
disbursements and attorney fees.
(ii) In the event of arbitration, the mayor and the
applicant shall agree to a single arbitrator. The costs and fees of
the arbitrator shall be borne equally by the parties. If the parties
cannot agree on an arbitrator, the matter shall be resolved by a three
(3) person arbitration panel consisting of one (1) arbitrator selected
by the mayor, one (1) arbitrator selected by the applicant or facilities
owner and one (1) person selected by the other two (2) arbitrators,
in which case each party shall bear the expense of its own arbitrator
and shall jointly and equally bear with the other party the expense
of the third (3rd) arbitrator and of the arbitration. Each party shall
also pay its own costs, disbursements and attorney fees.
(c) Facilities regulations.
(1)
The following general regulations apply to the placement and
appearance of facilities:
(a)
Facilities shall be placed underground, except when other similar
facilities exist above ground or when conditions are such that underground
construction is impossible, impractical or economically unfeasible,
as determined by the city, and when in the city's judgment the above
ground construction has minimal aesthetic impact on the area where
the construction is proposed. Facilities shall not be located so as
to interfere or be likely to interfere with any public facilities
or use of public property.
(b)
Facilities shall be located in such a manner as to reduce or
eliminate their visibility. Non-residential zoning districts are preferred
to residential zoning districts. Preferred locations in order of priority
in both type districts are:
(i) Thoroughfare landscape easements,
(iii) Street side yards on a corner lot behind the
front yard setback. Placements within side yards not bordered by a
street or within front yards are discouraged.
(c)
Facilities shall be a neutral color and shall not be bright,
reflective or metallic. Black, gray and tan shall be considered neutral
colors, as shall any color that blends with the surrounding dominant
color and helps to camouflage the facilities; sightproof screening,
landscape or otherwise, may be required for facilities taller than
three (3) feet in height or covering in excess of four (4) square
feet in size. Such screening shall be sufficient to reasonably conceal
the facility. A landscape plan identifying the size and species of
landscaping materials shall be approved by the director prior to installation
of any facility requiring landscape screening. The person responsible
for the facilities shall be responsible for the installation, repair
or replacement of screening materials. Alternative concealment may
be approved by the director to the extent it meets or exceeds the
purposes of these requirements.
(d)
Facilities shall be constructed and maintained in a safe manner
and so as to not emit any unnecessary or intrusive noise and in accordance
with all applicable provisions of the Occupational Safety and Health
Act of 1970, the National Electrical Safety Code and all other applicable
federal, state or local laws and regulations.
(e)
No person shall place or cause to be placed any sort of signs,
advertisements or other extraneous markings on the facilities, except
such necessary minimal markings approved by the city as necessary
to identify the facilities for service, repair, maintenance or emergency
purposes or as may be otherwise required to be affixed by applicable
law or regulation.
(f)
If the application of this Subsection excludes locations for
facilities to the extent that the exclusion conflicts with the reasonable
requirements of the applicant, the director shall cooperate in good
faith with the applicant to attempt to find suitable alternatives,
but the city shall not be required to incur any financial cost or
to acquire new locations for the applicant.
(2)
Any person installing, repairing, maintaining, removing or operating
facilities, and the person on whose behalf the work is being done,
shall protect from damage any and all existing structures and property
belonging to the city and any other person. Any and all rights-of-way,
public property or private property disturbed or damaged during the
work shall be repaired or replaced and the responsible person shall
immediately notify the owner of the fact of the damaged property.
Such repair or replacement shall be completed within a reasonable
time specified by the director and to the director's satisfaction.
(3)
The applicant shall provide written notice to all property owners
within one hundred eighty-five (185) feet of the site at least forty-eight
(48) hours prior to any installation, replacement or expansion of
its facilities. Notice shall include a reasonably detailed description
of work to be done, the location of work and the time and duration
of the work.
(4)
At the city's direction, a person owning or controlling facilities
shall protect, support, disconnect, relocate or remove facilities,
at its own cost and expense, when necessary to accommodate the construction,
improvement, expansion, relocation or maintenance of streets or other
public works or to protect the ROW or the public health, safety or
welfare.
(5)
If a person installs facilities without having complied with
the requirements of this section or abandons the facilities, said
person shall remove the facilities and if the person fails to remove
the facilities within a reasonable period of time, the city may, to
the extent permitted by law, have the removal done at the person's
expense.
(6)
Facilities shall be subject to all other applicable regulations
and standards as established as part of the city code including, but
not limited to, building codes, zoning requirements and rights-of-way
management regulations in addition to the regulations provided herein.