City of Normandy, MO Article I In General

Section 500.010 Compliance With Building Code, Etc., Prerequisite to Issuance of Building Permits.

[R.O. 2012 §500.010; CC 1975 §5-1]

Before issuance of any permit or certificate, the Building Commissioner shall determine that all requirements of the Building Code, the Zoning Ordinance and other provisions of this Code and other City ordinances and State law which may be applicable to such permit or certificate have been or will be complied with.

Section 500.015 Property Inspection — Certificate of Compliance — Occupancy Permit Required.

[R.O. 2012 §500.015; Ord. No. 473 §1, 12-5-2000; Ord. No. 516 §1, 4-1-2003; Ord. No. 635 §§1 — 3, 1-4-2011; Ord. No. 712, 8-1-2017]

A. Scope — Requirement. Except as otherwise provided, it shall be unlawful for any person to occupy any property, or for any owner or agent to permit the occupancy thereof, for any purpose until all required certificates of compliance and/or occupancy permits have been issued by the Building Commissioner. No certificate of compliance or occupancy permit shall be issued until all violations of this Title shall have been corrected and brought into compliance.

B. Property Defined. For the purposes of this Section, the term "property" shall be defined as any premises, structure, building or dwelling subject to the provisions of this Title.

C. Certificates And Permits — Contents. Any certificate of compliance, occupancy inspection report or occupancy permit issued by the Building Commissioner pertaining to any dwelling shall state the maximum number of persons who may lawfully occupy the property as configured at the time of inspection.

D. Application For Certificate Required.

1. After receiving such application, the Building Commissioner shall cause the property to be inspected to determine its compliance with the provisions of this Title. If the Building Commissioner determines the property is in compliance, a certificate of compliance shall be issued.

2. If the Building Commissioner determines the property is in violation of Title provisions, the Building Commissioner shall issue an occupancy inspection report which shall list all conditions which fail to satisfy the requirement of this Title.

E. Occupancy Permit Required.

1. It shall be unlawful for any person to hereafter occupy or for the owner, lessor or agent thereof to permit the occupancy of any property until an occupancy permit has been issued by the Building Commissioner.

2. On application by an owner, lessor, tenant, transferee or agent thereof, the Building Commissioner shall issue an occupancy permit if, after inspecting the property, the Building Commissioner determines it to be in compliance with the provisions of this Title. No occupancy permit may be issued for any property if there are unpaid City taxes or liens in favor of the City outstanding as to such property until such time as such unpaid taxes and/or liens are satisfied.

3. If the Building Commissioner determines the property is in violation of the requirements of this Title, the Building Commissioner shall issue an occupancy inspection report which shall list all conditions which fail to satisfy the requirements of this Title.

4. No person not listed on the occupancy permit for a property shall occupy or be permitted to occupy the same. No use or activity not listed on the occupancy permit for a structure or building not used for dwelling purposes shall be permitted therein.

5. Whenever the owner or occupant of any property shall permit or suffer any additional person to occupy same, the Building Commissioner shall be notified and the occupancy permit shall be amended accordingly, provided that all other requirements of this Title are satisfied. Whenever the owner or occupant of any property not used for dwelling purposes shall permit an additional or separate use or activity to be undertaken therein, the Building Commissioner shall be notified and the occupancy permit shall be amended accordingly, provided that all other requirements of this Title are satisfied.

6. A fee shall be charged for an initial or amended occupancy permit as provided in Section 500.110 of this Code.

F. Application For Permit. Any person hereafter occupying or proposing to occupy any property shall apply for an occupancy permit on an application form provided by the Building Commissioner. Such application shall contain the name of the applicant, the names, dates of birth and relationship of all persons to occupy the property and such other information as shall be required by the Building Commissioner. The application shall be signed and affirmed or sworn to by the applicant.

G. Conditional Permit.

1. A conditional occupancy permit may be issued by the Building Commissioner if, in the Commissioner's judgment:

a. Any deficiency or non-compliance with this Title would not seriously endanger the health or safety of the occupants or the community; and

b. Provided the occupant executes an affidavit that all required corrections shall be made within a time specified therein. If approved by the Building Commissioner in all respects, the property may thereafter be occupied while such corrections are being made.

2. Upon expiration of the time allowed in the conditional occupancy permit all required corrections shall be completed or the property shall be vacated. The Building Commissioner may extend the time allowed in the permit for a period not to exceed sixty (60) days if, in the Commissioner's judgment:

a. Any deficiency or non-compliance with this Title would not seriously endanger the health or safety of the occupants or the community; and

b. The occupant has made substantial progress toward bringing the property into compliance with this Title; and

c. All required corrections can be made within the time allowed by the extension.

3. At such time as the property shall be in compliance with the requirements of this Title, an occupancy permit shall be issued.

4. A fee shall be charged for a conditional occupancy permit as provided in Section 500.110 of this Code.

H. Correction Required.

1. If there are violations of this Title which must be abated or corrected before a certificate of compliance or an occupancy permit can be issued, it shall be the responsibility of the seller, lessor or agent thereof to abate such violations. No certificate of compliance or occupancy permit shall be issued until all violations of this Title shall have been corrected and the fee for such permit shall have been paid.

2. With the approval of the Building Commissioner, a transferee of a property may assume responsibility for abating violations of this Title by executing an affidavit stating such transferee assumes responsibility for abating such violations and establishing the date by which such abatement shall be accomplished, which date shall be subject to approval by the Building Commissioner.

I. Misrepresentations Prohibited.

1. It shall be unlawful for any person, firm or corporation to advertise, offer or represent in any form or manner that a certificate of compliance has been issued for any premises for which such a certificate has not been issued by the Building Commissioner.

2. It shall be unlawful for any person, firm or corporation to advertise, offer or represent in any form or manner that a property may be occupied by a number of persons in excess of that permitted by the most recent certificate of compliance or occupancy inspection report issued for that property.

3. It shall be unlawful for any person to knowingly make any false statement in an application for an occupancy permit or any amendment thereto.

Section 500.020 Builder's Deposit to Assure Restoration of Streets and Sidewalks When Damaged During Course of Building, Etc.

[R.O. 2012 §500.020; CC 1975 §5-2; Ord. No. 168 §§7, 9]

A builder's deposit on new construction, reconstruction and major alteration or repair shall be required by the Building Commissioner, to be turned over to the City, such deposit to be not less than five hundred dollars ($500.00), as determined by the Building Commissioner, to insure proper replacement and repair of streets and sidewalks which may be damaged by reason of any construction, reconstruction or major repair at or adjacent to the premises. Such deposits shall be refunded to the builder or owner, as the case may be, by the City after receipt by him/her, from the Building Commissioner of a certificate of inspection, certifying that all streets and sidewalks and property for which the City is responsible have been repaired. Otherwise, such deposit shall be used by the City to repair such street or sidewalk or other property, and the balance thereof only shall be refunded.

The City shall deposit all builders' deposits into a special fund to be known as the City of Normandy's Builders' Deposit Account. These deposits shall be included in all general financial statements and reports of the City.

Section 500.030 Violations and Penalties.

[R.O. 2012 §500.030; CC 1975 §5-7; Ord. No. 168 §12]

Any person who shall violate any of the provisions of this Chapter, for which no other penalty is specified, shall be subject to the penalties provided in Section 100.210 of this Code.