Cross References — Building, ch. 500; dangerous buildings, ch. 505; electricity, ch. 515; fire prevention and protection, ch. 205; fuel gas code, ch. 520; nuisances, ch. 235; mobile homes, ch. 535; mechanical code, ch. 525; planning and zoning commission, ch. 415; plumbing, ch. 530; urban renewal, ch. 410; utilities, title VII; subdivisions, §400.020; zoning, §400.010.
[R.O. 2012 §510.010; Ord. No. 91-3-3 §V, 3-18-1991; Ord. No. 92-11-1 §III, 2-8-1993; Ord. No. 98-4-1, 4-20-1998; Ord. No. 99-9-8, 9-20-1999; Ord. No. 2000-10-2 §§1 — 2, 10-9-2000; Ord. No. 05-6-4 §§1 — 2, 6-6-2005; Ord. No. 12-09-02 §1, 9-4-2012; Ord. No. 2013-05-07 §5, 5-20-2013]
The 2012 International Property Maintenance Code, as published by the International Code Council, is for all intents and purposes adopted and incorporated by reference in this Chapter as if fully set forth herein, except insofar as the same may be in conflict with this Code of Ordinances in which case the more restrictive provision shall apply.
A copy of the 2012 International Property Maintenance Code is on file and open for inspection of the public in the office of the City Clerk of the City of Excelsior Springs.
[R.O. 2012 §510.020; Ord. No. 85-11-2 §9, 11-4-1985; Ord. No. 99-9-8, 9-20-1999; Ord. No. 12-09-02 §1, 9-4-2012]
There is hereby adopted, by reference, the Housing Rehabilitation Standards and incorporated as fully as if set out herein. A copy of said Housing Standards shall be on file with the City Clerk of the City of Excelsior Springs, and shall at all times be available to the public for examination.
[R.O. 2012 §510.030; Ord. No. 92-9-3, 10-5-1992; Ord. No. 94-10-7 §I, 10-10-1994; Ord. No. 99-9-8, 9-20-1999; Ord. No. 04-6-5, 6-21-2004; Ord. No. 12-09-02 §1, 9-4-2012; Ord. No. 15-01-01 §1, 1-20-2015]
Statement Of Intent.
The intent of the City Council in passing this Chapter is to provide a means of protecting the health and safety of persons who occupy residential dwelling units in Excelsior Springs. The inspection is not designed to impose any undue hardship on the property owners by causing them to make unnecessary and costly improvements to their respective properties, but rather to provide safe and sanitary dwelling units, particularly rental units, to future residents of our community.
The inspection will not require that existing dwelling units be brought up to present new construction Building Code standards, rather the inspection will check for health and safety measures and sanitation. Exterior areas will also be inspected to ensure that they are reasonably clear of trash and debris. The inspections will check for serious electrical, plumbing, and structural defects as well as acceptable levels of sanitation. Minor problems, such as worn carpet or floor covering or other minor non-health and safety items, will not constitute a violation.
Residential occupancy inspections will be conducted no less often than every two (2) years upon vacancy. It is the responsibility of the property owner to schedule inspections, unless exempt as provided in Subsection (B)(2). An occupant can request an inspection at any time. All residential inspections shall inspect for conformance to minimum housing, building and sanitation standards, including but not limited to interior and exterior conditions and grounds. The inspection shall include, but not be limited to, the following general guidelines:
Electricity, plugs and/or overhead light in each room, GFIs within six (6) feet of sinks.
Electrical hazards visible, i.e., switch and plug covers.
Security, windows, lock on first floor, locks on doors.
Window condition: no broken windows, screens on windows.
Ceiling and wall condition: no holes or sagging plaster.
Floor condition: no tripping hazards, carpet reasonably clean.
Interior paint: no peeling paint, lead free if there are to be children living in the unit.
Kitchen stove or range: all burners and oven must light from pilot.
Sink: faucets must work and sink must drain.
Bathroom: no leaks at toilet, must have window or exhaust fan.
Bedroom: must have door for privacy, at least one (1) window, at least 5.7 square feet; wall plugs and light.
Condition of foundation: no major cracks.
Condition of stairs, rails and porches: must have handrail on three (3) or more steps.
Roof should not leak.
Exterior paint should not be peeling.
Yard conditions: must be free of debris, trash and junk, including furniture, appliances and abandoned vehicles, grass and weeds under eight (8) inches in height.
A property owner, landlord, agent, builder, developer, or other party involved in the provision of rental housing units shall provide to the City a list of current tenants for each calendar year, such list to be provided to the City at the time of each such party's annual license renewal. That tenant list shall include each tenant's full legal name and any known aliases, as well as each tenant's address or room of occupancy. Each such party involved in the provision of rental housing shall likewise notify the City of any change in occupancy, such notice to include the status of occupancy of the room or address as well as the name or names of new tenants, prior to any inspection pursuant to this Section, or within thirty (30) days of any such change, whichever date is earlier. As used in this Section, the tenant list required to be provided shall only need to contain the name(s) of the person(s) identified in the written lease agreement (regardless of how it is titled) for the use of the housing unit in the capacity of lessee or renter, or, in the case of a verbal lease agreement, the name(s) of the person(s) whom the owner has agreed to lease the housing unit to in the capacity of lessee or renter. A property owner, landlord, agent, builder, developer, or other party involved in the provision of rental housing units shall schedule inspections of all units upon a change of ownership of the property, or change of occupancy of an individual unit after any dwelling/unit is vacated and prior to any new occupancy of the vacated unit unless the individual unit has satisfactorily passed an inspection within the previous twenty-four (24) months; but shall schedule inspections of all units no less often than every two (2) years unless exempt due to continuous occupancy as provided herein. A property owner, landlord, agent, builder, developer, or other party involved in the provision of rental housing units may annually provide a certification of continuous occupancy for units occupied by the same tenant and for which no inspection is being requested. If the unit remains occupied by the same tenant, the most recent inspection shall remain in effect; and no new inspection shall be required.
[Ord. No. 21-02-01, 2-16-2021]
Occupation licenses will not be approved until such time as tenant lists are provided to the City and inspections are completed or continuous occupancy certifications are received. In addition to those provisions set forth in Subsection (C), the City shall have available all remedies to redress any violation of this Section, including those Powers of Council as set forth in Section 77.100, RSMo.
[Ord. No. 21-02-01, 2-16-2021]
Penalty. No property owner, landlord, agent, builder, developer or other party involved in the provision of rental housing units shall allow occupancy of a unit without an inspection required by Subsection (B). Any violation of this Subsection shall be an infraction with a fine of two hundred fifty dollars ($250.00) for each and every day that such violation continues to be assessed against and incurred by the offending party.