[CC 1981 §505.010; Ord. No. 369 §1, 8-28-1974]
For the purpose of this Chapter, the following words and phrases
shall have the meaning respectively ascribed to them by this Section:
A structure subordinate to the main or principal structure,
the use of which is customary to the main building.
That portion of a building which is partly underground, but
having less than fifty percent (50%) of its ceiling height above the
average grade of the adjoining ground.
Any circumstances wherein the composition of the residents
of a dwelling unit changes either through the sale, lease, rental
or other provision for the occupancy of any dwelling unit or by the
addition of one (1) or more persons to the number of residents of
a dwelling unit, except by birth or legal custody of minors.
The condition of appearance of a building or part thereof,
characterized by evidence of physical decay or neglect, excessive
use or lack of maintenance.
The official designated herein or otherwise charged with
the responsibilities of administering this Chapter or his/her authorized
representatives.
Objects which are added to a structure for aesthetic or functional
purposes. These include, but are not limited to, screens, awnings,
trellises, television antennae, storm windows and storm doors.
An individual or married couple and the children thereof and
no more than two (2) other persons related directly to the individual
or married couple by blood or marriage; or
A group of individuals, not exceeding three (3) in number, who
are not related by blood, marriage or adoption and who are living
together in a dwelling unit on the premises as a single housekeeping
unit.
An independent structure forming a barrier at grade between
lots, between a lot or between portions of a lot or lots. A barrier
includes a wall or lattice work screen, but excludes a hedge or natural
growth or a barrier less than eighteen (18) inches in height which
is used to protect plant growth.
That portion of a building which is partly underground, but
having at least sixty percent (60%) of its ceiling height above the
average grade of the adjoining ground.
A trough under an eave to carry off water.
Any structure or part thereof that shall be used as a home
or place of abode by one (1) or more persons.
All structures and exterior property shall be kept free from
rat infestation. Where rats are found, they shall be promptly exterminated
by approved processes which will not be injurious to human health.
After extermination, proper precautions shall be taken to prevent
reinfestation.
A space which contains a sink and adequate space for installing
cooking and refrigeration equipment and for the storage of cooking
utensils.
A building or portion thereof designed or altered for occupancy
by two (2) or more families living independently of each other in
separate dwelling units.
A document which states the names, ages, relationships and number of occupants of a dwelling unit and that the occupancy complies with all of the provisions of this Chapter. It is issued under the circumstances listed in Section 515.070 (Occupancy Permit Required).
Any material furnished, supplied, paid for or under the control
of the owner.
A hall, corridor or passageway for egress from a dwelling
not within the exclusive control of one (1) family or dwelling unit.
To restore to a sound and acceptable state of operation,
serviceability or appearance. Repairs shall be expected to last approximately
as long as would replacement by new items.
To remove an existing item or portion of a system to construct
or install a new item of similar or improved quality as the existing
item when new. Replacement will ordinarily take place when the item
is beyond repair.
Any room or group of rooms or any part thereof forming a
single habitable unit used or intended to be used for living and sleeping,
but not for cooking or eating purposes.
All structures which do not conform to the minimum standards
established by this Chapter or any other ordinance.
Paid for, installed, furnished or provided by or under the
control of the owner or operator.
[CC 1981 §505.020; Ord. No. 369 §2, 8-28-1974]
Every building or its premises used in whole or in part as a
dwelling or as an accessory structure thereof, shall conform to the
requirements of this Chapter.
[CC 1981 §505.030; Ord. No. 369 §3, 8-28-1974]
This Chapter established minimum standards for dwellings, dwelling
units and accessory buildings and does not replace or modify standards
otherwise established for the construction, replacement or repair
of buildings, except such as are in conflict with the provisions of
this Chapter. In any case where a provision of this Chapter is found
to be in conflict with a provision of any zoning, building, fire,
safety or health ordinance or code of this municipality existing on
the effective date of this Chapter, the provision which establishes
the higher standard for the promotion and protection of the safety
and welfare of the people shall prevail.
[CC 1981 §505.120; Ord. No. 369 §12, 8-28-1974]
A.
General Egress. Every dwelling unit shall have a safe and
unobstructed means of egress leading to safe and open space outside
at the ground level. Passage through such exit shall not lead through
any other dwelling unit.
B.
Easy Egress Mandatory. Every door available as an exit shall
be capable of being opened from the inside easily and without the
use of a key.
[Ord. No. 1017 §1, 5-8-2013; Ord. No. 1035 §§1, 2, 9-10-2014]
A.
Any parcel or continuous parcels of land outside of an enclosed building
or areas visible within a carport, gazebo, porch or other structure,
the interior of which is visible from the outside, shall be declared
a public nuisance if it has the presence of vegetation cuttings, dead
vegetation, cut and/or fallen trees and shrubs, overgrown vegetation,
invasive plants and noxious weeds which are seven (7) inches or more
in height; refuse; lumber or other construction materials not piled
or stacked twelve (12) inches off the ground; broken concrete, rocks
or bricks; metal; parts of vehicles or machinery; construction machinery
or equipment; broken, nonusable or nonfunctional furniture, appliances,
or equipment; any flammable material which may endanger public safety
or any material which endangers public health and safety.
B.
The storage of such materials within a building such as a carport,
gazebo, porch or other structure, the interior of which is visible
from the outside, in a manner that such materials remain visible from
surrounding properties and rights-of-way may be allowed if such materials
are screened one hundred percent (100%) from view from surrounding
properties and rights-of-way. Such screening shall not include tarpaulins
or similar temporary flexible coverings, shall be permanent in nature,
structurally sound and erected in accordance with all regulations
of the City of Winchester.
C.
Any item that is not customarily used or stored outside or is not
made of material that is resistant to damage or deterioration from
exposure to the outdoors cannot be placed outside on any property.
[CC 1981 §505.130; Ord. No. 369 §13, 8-28-1974]
A.
Enforcement Official. It shall be the duty and responsibility
of the Building Commissioner and his/her designated representative
of the City of Winchester, Missouri, to enforce the provisions of
this Chapter. No order for correction of any violation under this
Chapter shall be issued without the approval of the Building Commissioner
and his/her designated representative.
B.
Inspections. The enforcement official is authorized and
directed to make inspections to determine whether dwellings, dwelling
units, rooming units, accessory structures and premises located within
the City of Winchester conform to the requirements of this Chapter.
For the purpose of making such inspections, the enforcement official
is authorized to enter, examine and survey at reasonable times all
dwellings, dwelling units, rooming units, accessory structures and
premises. The owner or occupant of every dwelling, dwelling unit,
rooming unit, accessory structure and its premises shall give the
enforcement official access thereto at reasonable times for the purpose
of such inspection, examination and survey.
If any owner, occupant or other person in charge of a structure
subject to the provisions of this Chapter refuses, impedes, inhibits,
interferes with, restricts or obstructs entry and free access to every
part of the structure or premises where inspection authorized by this
Chapter is sought, the enforcement official may seek, in a court of
competent jurisdiction, an order that such owner, occupant or other
person in charge cease and desist with such interference.
Inspections shall be initiated under the following circumstances:
1.
Upon application for any occupancy permit for the dwelling unit or
other notification that there will be a change of occupancy of said
dwelling unit; and
2.
When, on the basis of a formal complaint or his/her personal observation,
the enforcement official reasonably suspects that a dwelling unit
has ordinance violations, and as such, constitutes a health and/or
safety hazard.
C.
Access By Owner Or Operator. Every occupant of a structure
or premises shall give the owner or operator thereof, or his/her agent
or employee, access to any part of such structure or its premises
at reasonable times for the purpose of making such inspection, maintenance,
repairs or alterations as are necessary to comply with the provisions
of this Chapter.
[CC 1981 §505.140; Ord. No. 369 §14, 8-28-1974; Ord. No. 467 §5, 2-22-1978; Ord.
No. 518 §1, 10-22-1980; Ord. No. 838 §§1 —
2, 7-25-2001]
A.
Applicability. This Section shall not apply to any occupancy
in existence at the time of the adoption of this Chapter and until
the change of occupancy occurs.
B.
Scope. Except as otherwise provided, it shall be unlawful
for any person or family to occupy, or for any owner or agent thereof
to permit the occupation of any dwelling, dwelling unit or addition
thereto, or part thereof, for any purpose until an occupancy permit
has been issued by the enforcement official. The occupancy permit
shall not be issued until all violations of this Chapter have been
brought into compliance. The occupancy permit so issued shall state
that the occupancy complies with all of the provisions of this Chapter.
C.
Fee. The fee for inspection is seventy dollars ($70.00)
for the first (1st) inspection and one (1) reinspection and thirty-five
dollars ($35.00) for the second (2nd) reinspection and forty dollars
($40.00) for each following inspection and the fee for the occupancy
permit is ten dollars ($10.00).
D.
Content Of Occupancy Permit. The occupancy permit shall
state the names, ages, relationships and number of occupants of the
dwelling unit. It shall be unlawful for any person to knowingly make
any false statement in his/her application for an occupancy permits
as to the names, ages, relationships or number of occupants of the
dwelling unit. No more than one (1) family as defined in this Chapter
shall occupy each dwelling unit. All persons who occupy the premises
of a dwelling unit must be listed on the occupancy permit or be subject
to the penalties provided in this Chapter.
E.
Report Change Of Occupancy. Every dwelling unit in which
a change of occupancy is to occur must be reported by the owner or
the occupant to the City Clerk so that the Building Commissioner or
his/her designated representative may inspect the structure according
to the provisions of this Chapter. Failure to make such a report shall
constitute a violation of this Chapter and the person responsible
for the failure shall be subject to the penalties of this Chapter.
F.
Responsibilities Of Real Estate Brokers. All real estate
brokers and agents and similar businesses and owners of multiple family
dwelling units shall report in writing each multiple dwelling unit
which is to change occupancy as in this Chapter defined so that the
Building Commissioner or his/her designated representative may inspect
the unit according to the provisions of this Chapter. Failure to register
or make such a report shall constitute a violation of this Chapter
and the person or firm responsible for the failure shall be subject
to the penalties of this Chapter.
G.
Inspections. The inspection will remain in effect for a
period of one (1) year providing there is no change of occupancy or
ownership within that period.
H.
Conditional Occupancy Permits. The Building Commissioner
is authorized to permit occupancy of single-family residential buildings
for a term not to exceed ninety (90) days when practical difficulties
interfere with completing all repairs required. He may extend the
occupancy permit an additional ninety (90) days if, in his opinion,
the progress of repairs to date so warrant. However, no occupancy
permit may be extended beyond one (1) year unless all of the required
repairs have been completed.
[Ord. No. 1011 §1, 8-8-2012]
[CC 1981 §505.150; Ord. No. 369 §§15 — 16, 8-28-1974; Ord. No. 663 §1, 2-26-1992]
A.
Whenever
the enforcement official or his/her designated representative finds
evidence of a violation of any provision of this Chapter, he/she shall
declare a public nuisance and give notice of same to the person or
persons responsible hereunder Such notice shall be in writing and
shall include a statement of each of the provisions of this Chapter
being violated together with a statement of the corrective action
required to cure such violation. Such notice shall specify the period
of time within which such remedial action shall be taken, which time
shall be a reasonable period of time under all of the circumstances.
Appeal procedures available shall be specified. Such notice shall
be served by delivering a copy to the owner, or his/her agent, or
the occupant, as the case may require, or, if such person cannot be
found, by sending a copy of the notice by registered or certified
mail with return receipt requested, or if same cannot be delivered,
by posting a copy of such notice in a conspicuous place in or about
the building affected by the notice. The notice shall be deemed served
on the date served or received or ten (10) days after posting as herein
provided.
B.
Remedy Of Defects — Reinspection — Reinspection Fee.
1.
Remedy of defects. The owner of any building shall have thirty (30) days from the issuance of the notice provided for in Subsection (A) above in which to remedy the condition there specified, except when emergency conditions shall require immediate action. However, that the enforcement official may, at his/her discretion, extend the time for compliance with any such notice.
2.
Reinspection. At the time when the defects have
allegedly been brought into compliance, the enforcement official shall
reinspect the dwelling, dwelling unit, rooming unit, accessory structure
and its premises. At this time he/she shall make a complete inspection,
taking particular notice that the violations previously noted have
been brought into compliance and that no new violations have come
into existence in the time which has elapsed since the first (1st)
inspection.
3.
Reinspection fee. The first (1st) reinspection fee
is included in the initial seventy dollars ($70.00) collected by the
City. The second (2nd) reinspection fee is thirty-five dollars ($35.00).
Subsequent inspections are forty dollars ($40.00) each.
[CC 1981 §505.180; Ord. No. 369 §19, 8-28-1974]
A.
Applicability. Every window, glazed exterior door, exterior
transom or exterior sidelight shall be provided with properly installed
glass or other approved glazing material. In the event of breakage,
the owner shall cause the immediate removal of broken glass from the
premises and shall temporarily board up the affected openings with
suitable material to provide protection from the elements and to prevent
entry of birds or animals and to provide security to occupants or
contents of the building. Within ten (10) days after the boarding
up the owner shall cause the boarding material to be removed and all
affected openings shall be simultaneously reglazed by the owner.
B.
Provision Of Adequate Lighting And Ventilation. Adequate ventilation and natural lighting shall be provided for all occupied dwelling units. Whenever any exterior openings are found boarded up, it shall be the duty of the enforcement official to notify the owner or agent of this requirement giving him/her a period of not more than ten (10) working days in which to properly replace the broken glass or cause the dwelling unit to be vacated. This notice shall be given in the manner required by Section 515.080(A).
C.
Specifications. Since the presence of boarded up building, 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 municipality, it is hereby required that all boarding up of exterior openings be accomplished in a neat workmanlike manner with not less than one-half (½) inch thick, weather resistant plywood cut to fit as inconspicuously as possible. It shall be the duty of the enforcement official to notify the owner or agent of any boarded up dwelling unit, not complying with the above requirements, of the necessity of immediate compliance and ordering him/her to replace the broken glass or repair, replace or paint the boarding. This notice shall be given in the manner required in Section 515.080(A).
[CC 1981 §505.190; Ord. No. 369 §20, 8-28-1974]
A.
Prosecution. In case any violation of this Chapter is not
remedied within the prescribed time period designated by the enforcement
official, he/she shall request the legal representative of the City
of Winchester to institute an appropriate action of proceeding at
law against the person or firm responsible for the failure to comply,
ordering him:
1.
To restrain, correct or remove the violation or refrain from any
further execution of work;
2.
To restrain or correct the erection, installation or alteration of
such building;
3.
To require the removal of work in violation;
4.
To prevent the occupation or use of the building, structure, or part
thereof erected, constructed, installed or altered in violation of,
or not in compliance with, the provisions of this Chapter or in violation
of a plan or specification under which an approval, permit or certificate
was issued; or
5.
To enforce the penalty provisions of this Chapter.
B.
Penalty For Violations. Any person, firm or corporation
who shall violate any provision of this Chapter shall, upon conviction
thereof, be subject to a fine of not less than $5.00 (Five Dollars)
nor more than one thousand dollars ($1,000.00) at the discretion of
the court. Every 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.
