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City of Overland, MO
St. Louis County
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Table of Contents
Table of Contents
[1]
Cross References — Buildings, ch. 500; adoption of property maintenance code, §500.090; fair housing code, §245.010 et seq.; health and sanitation, ch. 230; zoning, ch. 400.
[CC 1976 §13½-11; Ord. No. 1388 §1, 1-13-1975; Ord. No. 2002-64 §§1 — 2, 10-29-2002]
The following definitions shall apply in the interpretation and enforcement of this Article:
BASEMENT
A portion of a building located underground in part but having less than half (½) its clear floor-to-ceiling height below the average grade of the adjoining ground.
CELLAR
A portion of a building located underground in part or in whole and having one-half (½) or more than one-half (½) of its clear floor-to-ceiling height below the average grade of the adjoining ground.
COMMERCIAL OCCUPANCY
The occupancy of a building, space, area and/or structure for a use other than a one- or two-family dwelling for the performance of a specified and permitted non-residential use.
COMMISSIONER
The Building Commissioners of the City of Overland.
DWELLING
Any building or structure as allowed by City of Overland Zoning Codes which contains one (1) or two (2) residential units providing complete independent living facilities for one (1) or more persons including living, sleeping, eating, cooking and sanitation.
DWELLING UNIT
Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.
EXTERMINATION
The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized legal pest elimination methods approved by the Commissioner.
GARBAGE
The animal and vegetable waste and residue resulting from the handling, preparation, cooking and consumption of food.
HABITABLE ROOM
A room or enclosed floor space used or intended to be used by human beings for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces.
INFESTATION
The presence, within or around a dwelling of any insects, rodents or other pests.
MULTIPLE DWELLING
Any building, structure or dwelling containing more than two (2) dwelling units.
OCCUPANT
Any person, over one (1) year of age, living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit.
OPERATOR
Any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.
ORDINARY MINIMUM WINTER CONDITIONS
The temperature fifteen degrees Fahrenheit (15°F) above the lowest recorded temperature for the previous ten (10) year period.
OWNER
Any person who, alone or jointly or in common with others:
1. 
Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or
2. 
Shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any agent, or representative of the owner shall be bound to comply with the provisions of this Article, and of rules and regulations adopted pursuant thereto, to the same extent as if he/she were the owner.
PERSON
Any individual, firm, corporation, association or partnership.
PLUMBING
All of the following supplies, facilities and equipment: Gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.
RESIDENTIAL OCCUPANCY
The occupancy of a building, space, area and/or structure for use as a one- or two-family dwelling for the purpose of non-commercial use.
ROOMING HOUSE
Any dwelling, or that part of any dwelling containing one (1) or more rooming units, in which space is let by the owner or operator to three (3) or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
RUBBISH
Combustible and non-combustible waste materials, except garbage; and the term shall include the residue from the burning of wood, coal, coke and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass and crockery.
SUPPLIED
Paid for, furnished or provided by or under the control of, the owner or operator.
TEMPORARY HOUSING
Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than thirty (30) consecutive days.
MEANING OF CERTAIN WORDS. Whenever the words "dwelling", "dwelling unit", "rooming house", "rooming unit", "premises", are used in this Article, they shall be construed as though they were followed by the words "or any part thereof".
[CC 1976 §13½-12; Ord. No. 1388 §2, 1-13-1975; Ord. No. 92-52 §2, 10-26-1992; Ord. No. 99-86 §1, 9-28-1999; Ord. No. 2002-63 §1, 10-29-2002; Ord. No. 2005-06 §1, 2-15-2005]
A. 
The Commissioner is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units, commercial buildings and premises located within the City in order that he/she may perform his/her duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections the Commissioner is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units, commercial buildings and premises. The owner or occupant of every dwelling, dwelling unit, rooming unit, commercial building, and premises or the person in charge thereof, shall give the Commissioner free access to such dwelling, dwelling unit, rooming unit, commercial building and its premises, at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling, dwelling unit, rooming unit, commercial building and premises shall give the owner thereof, or his/her agent or employee, access to any part of such dwelling, dwelling unit, rooming unit, commercial building, or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this Article or with any lawful rules or regulation adopted or any lawful order issued pursuant to the provisions of this Article.
B. 
Inspection Fees.
1. 
Commercial occupancy permit inspection fee shall be sixty dollars ($60.00) for the original inspection and one (1) reinspection; each additional inspection thereafter shall be forty dollars ($40.00) per inspection.
2. 
Residential occupancy permit inspection fee shall be forty dollars ($40.00) for the original inspection and one (1) reinspection; each additional inspection thereafter shall be forty dollars ($40.00) per inspection.
[CC 1976 §13½-13; Ord. No. 1388 §3, 1-13-1975; Ord. No. 2304 §1, 9-29-1986]
A. 
Whenever the Commissioner has made a determination upon the basis of evidence presented to him/her or of which he/she has knowledge that there has been a violation of any provisions of this Article or of any rule or regulation adopted pursuant thereto, he/she shall serve notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided; provided however, that such notice and hearing requirements provided by this Section shall not apply to violations of Section 515.070 which requires all changes in occupancy to be approved by a certificate of occupancy. Said notice shall:
1. 
Be in writing.
2. 
Include a statement of the charge made and the alleged violation together with a statement of the corrective action required to cure the alleged violation.
3. 
Grant a reasonable time for the performance of any act it requires.
4. 
Be served upon the owner or his/her agent, or the occupant, as the case may require; provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him/her personally; or if a copy thereof is sent by registered mail to his/her last known address; or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice; or if he/she is served with such notice by any other method authorized or required under the laws of this State.
5. 
Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Article and with rules and regulations adopted pursuant thereto.
B. 
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Article, or of any rule or regulation adopted pursuant thereto, may demand and shall upon such demand be granted a hearing on the matter before the Commissioner; provided that such person shall file in the office of the Commissioner a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten (10) days after the day the notice was served.
Upon receipt of such petition the Commissioner shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show cause why such notice should be modified or withdrawn. The hearing shall be commenced not later than ten (10) days after the day on which the petition was filed; provided that upon application of the petitioner the Commissioner may continue the date of the hearing for a reasonable time beyond such ten (10) day period, if in his/her judgment the petitioner has submitted a good and sufficient reason for such postponement.
C. 
Upon such hearing the Commissioner shall sustain, modify or withdraw the notice, depending upon his/her finding as to whether the provisions of this Article and of the rules and regulations adopted pursuant thereto have been complied with. If the Commissioner sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to Subsection (A) hereof shall become an order, if a written petition for a hearing is not filed in the office of the Commissioner within ten (10) days after such notice is served. After a hearing in the case of any notice suspending any permit required by this Article or by any rule or regulation adopted pursuant thereto, when such notice has been sustained by the Commissioner, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be revoked if a petition for hearing is not filed in the office of the Commissioner within ten (10) days after such notice is served.
D. 
The proceedings of such hearing, including the findings and decision of the Commissioner, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Commissioner. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Commissioner may seek relief therefrom in any court of competent jurisdiction, as provided by law.
E. 
Whenever the Commissioner finds that an emergency exists which requires immediate action to protect the public health, he/she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he/she deems necessary to meet the emergency. Notwithstanding the other provisions of this Article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Commissioner shall be afforded a hearing as soon as possible. After such hearing, depending upon his/her finding as to whether the provisions of this Article and of the rules and regulations adopted pursuant thereto have been complied with, the Commissioner shall continue such order in effect, or modify it, or revoke it.
[CC 1976 §13½-18; Ord. No. 1388 §8, 1-13-1975]
A. 
Every owner of a dwelling containing two (2) or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.
B. 
Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit, and premises thereof which he/she occupies and controls.
C. 
Every occupant of a dwelling or dwelling unit shall dispose of all his/her rubbish in a clean and sanitary manner by placing it in rubbish containers.
D. 
Every occupant of a dwelling or dwelling unit shall dispose of all his/her garbage and any other organic waste which might provide food for rodents, in a clean and sanitary manner, by placing it in garbage disposal facilities or garbage storage containers. It shall be the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing more than four (4) dwelling units and for all dwelling units located on premises where more than four (4) dwelling units share the same premises. In all other cases it shall be the responsibility of the occupant to furnish such facilities or containers.
E. 
Every occupant of a dwelling containing a single dwelling unit shall provide for the extermination of and exterminate any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one (1) dwelling unit shall provide for and perform such extermination whenever his/her dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this Subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a ratproof or reasonably insectproof condition, extermination shall be provided for and performed by the owner. Whenever infestation exists in two (2) or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two (2) or more dwelling units, extermination thereof shall be provided for and performed by the owner.
F. 
Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a working, clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
[CC 1976 §13½-19; Ord. No. 1388 §9, 1-13-1975; Ord. No. 1628 §1, 9-11-1978; Ord. No. 96-91 §1, 11-12-1996]
A. 
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
HOTEL, MOTEL
Any building occupied as the abiding place of person, who are lodged with or without meals, in which, as a rule, the rooms are occupied singly for hire, and in which there are more than ten (10) sleeping rooms.
ROOMING HOUSE
A dwelling other than a hotel or motel where lodging for compensation is provided for one (1) or more persons.
B. 
No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit in any rooming unit in any rooming house, except in compliance with the provisions of every Section of this Article except the provisions of Section 515.040.
1. 
Permit. No person shall operate a rooming house unless he/she holds a valid rooming house permit issued by the City Clerk in the name of the operator and for the specific dwelling or dwelling unit to be so operated. The operator shall apply to the City Clerk for such permit, which shall be issued by the City Clerk upon compliance by the operator with the applicable provisions of this Article and of any rules and regulations adopted pursuant thereto. This permit shall be displayed in a conspicuous place within the rooming house, at all times. No such permit shall be transferable. Every person holding such a permit shall give notice in writing to the City Clerk within twenty-four (24) hours after having sold, transferred, given away or otherwise disposed of ownership of, interest in, control of or right of possession to any rooming house. Such notice shall include the name and address of the person succeeding to the ownership or control of such rooming house. Every rooming house permit shall expire at the end of one (1) year following its date of issuance, unless sooner suspended or revoked as hereinafter provided.
2. 
Hearing on permit denial. Any person whose application for a permit to operate a rooming house has been denied may request and shall be granted a hearing on the matter before the City Clerk, under the procedure provided by Section 515.030.
3. 
Inspections. All such rooming houses shall be subject to inspection at all times by the Public Works Director or his/her designee and/or the Chief of Police, who are charged with the duty of visiting each of such rooming houses regularly, and the registration records shall be subject to inspection as a public record. The operator of any rooming house shall advise the Public Works Director of any vacancy occurring in any room which has been occupied greater than thirty (30) days and the Public Works Director shall inspect such room prior to its being rented anew. Failure of the operator to provide such notice shall constitute a violation of the laws of the City of Overland.
4. 
Notice of violation — suspension of permit. Whenever upon inspection of any rooming house, it is found that conditions or practices exist which are in violation of any provision of this Article or of any rule or regulation adopted pursuant thereto, the Public Works Director or his/her designee shall give notice in writing to the operator of such rooming house that unless such conditions or practices are corrected within a reasonable period, to be determined by the said inspector, the operator's rooming house permit will be suspended. At the end of such period the said inspector shall reinspect such rooming house, and if he/she finds that such conditions or practices have not been corrected, he/she shall give notice in writing to the operator that the latter's permit has been suspended. Upon receipt of notice of suspension, such operator shall immediately cease operation of such rooming house, and no person shall occupy for sleeping or living purposes any rooming unit therein.
5. 
Hearing on suspension. Any person whose permit to operate a rooming house has been suspended, or who has received notice from the Public Works Director or his/her designee that his/her permit is to be suspended unless existing conditions or practices at his/her rooming house are corrected, may request and shall be granted a hearing on the matter before the Board of Adjustment, under the procedure provided by Section 515.030; provided that if no petition for such hearing is filed within ten (10) days following the day on which such permit was suspended, such permit shall be deemed to have been revoked.
6. 
Minimum basic facilities.
a. 
At least one (1) flush water closet, lavatory basin, and bathtub or shower, properly connected to a water and sewer system approved by the Commissioner and in good working condition, shall be supplied for each eight (8) persons or fraction thereof residing within a rooming house, including members of the operator's family wherever they share the use of the said facilities; provided that in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one-half (½) the required number of water closets. All such facilities shall be so located within the dwelling as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot water at all times. No such facilities shall be located in a basement except by written approval of the Commissioner.
b. 
In addition to the above, each rooming house shall comply with the requirements of the "Existing Structures Code", of the most recent BOCA Code as adopted by the Public Works Department of the City of Overland.
7. 
Bed linen and towels. The operator of every rooming house shall change supplied bed linen and towels therein at least once each week, and prior to the letting of any room to any occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner.
8. 
Minimum space. Every room occupied for sleeping purposes by one (1) person shall contain at least seventy (70) square feet of floor space, and every room occupied for sleeping purposes by more than one (1) person shall contain at least fifty (50) square feet of floor space for each occupant thereof.
9. 
Means of egress. Every rooming unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by law.
10. 
Minimum space. The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors and ceilings, and for maintenance of a sanitary condition in every other part of the rooming house; and he/she shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by the operator.
11. 
Registration.
a. 
The owner, proprietor, manager, or other person in charge of any hotel, motel, lodging house, rooming house or other place where transients are accommodated shall, at all times, keep a register in which shall be ascribed the names of all of the guests or persons renting or occupying rooms in such house, which register shall be signed by the person renting a room or by someone under his/her direction. The register shall include the full name of the person, their home or business address, driver's license number, a complete description of their vehicle including the license plate number of the vehicle and the State issuing the license plate. Such registration shall be made, and after the names and information is ascribed in the register, the manager or other person in charge, or his/her agent, shall write the number of the room such guests or person is to occupy, together with the time when such room is rented so as to identify the room occupied by the person registering. All of the foregoing shall be done before any guest is permitted to occupy a room. Such register shall at all times be open to inspection by any Police Officer of the City, County, State or Federal Government.
b. 
Failure to keep such register shall be a misdemeanor under the provisions of this Code. Failure to keep such register also subjects the operator to suspension or revocation of the rooming house permit.
12. 
Prohibited acts. No person operating such an establishment shall knowingly permit any indecent or other illegal act or conduct to exist in, on or around the premises or any unit thereof, and shall promptly notify the Police Department if he/she has any reason to believe that any indecent or other illegal act is being committed.
13. 
Hotels. Every provision of this Article which applied to rooming houses shall also apply to hotels, except to the extent that any such provision may be found in conflict with law or regulation issued according to law.
[CC 1976 §13½-20; Ord. No. 1388 §10, 1-13-1975]
A. 
The designation of dwellings or dwelling units as unfit for human habitation and the procedure for the condemnation and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the following requirements:
1. 
Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the Commissioner:
a. 
One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested that it creates a serious hazard to the health or safety of the occupants or of the public.
b. 
One which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or of the public.
c. 
One which because of its general condition or location is unsanitary, or otherwise dangerous, to the health or safety of the occupants or of the public.
2. 
Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the Commissioner, shall be vacated within a reasonable time as ordered by the Commissioner.
3. 
No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by the Commissioner. The Commissioner shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.
4. 
No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in paragraph (3) above.
5. 
Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter before the Commissioner, under the procedure set forth in Section 515.030.
[CC 1976 §13½-21; Ord. No. 1388 §11, 1-13-1975; Ord. No. 92-52 §2, 10-26-1992; Ord. No. 99-87 §1, 9-28-1999; Ord. No. 2002-61 §1, 10-29-2002; Ord. No. 2005-67 §1, 12-13-2005]
A. 
It shall be unlawful for any person, firm or corporation to hereafter occupy or for any owner or agent thereof to permit the occupation of any building or addition thereto or part thereof or any dwelling unit therein for any purpose until a certificate of occupancy has been issued by the Commissioner. Applications for an occupancy permit must be accompanied with a current photo I.D. for anyone sixteen (16) years of age or older who shall occupy said premises. The I.D. shall be in the form of a:
1. 
U.S. government issued State driver's license;
2. 
U.S. government issued State I.D.;
3. 
Approved current school I.D.;
4. 
U.S. government issued passport.
B. 
The certificate of occupancy so issued shall state that said occupancy complies with all of the provisions of this Article and all other laws and regulations applicable to the structure and lot. The fee for said residential occupancy permit shall be twenty-five dollars ($25.00) and the fee for said commercial occupancy permit shall be fifty dollars ($50.00). It shall be unlawful for any person knowingly to make any false statement in his/her application for an occupancy permit as to the names, ages, relationship or number of occupants who will occupy the premises.
[1]
Cross Reference — Permit requirements pertaining to zoning, §400.725.
[CC 1976 §13½-21.1; Ord. No. 1802 §1, 5-27-1981]
In the event that there is a transfer of ownership, or a vacation of occupancy, or change in occupancy of a dwelling or dwelling unit, the existing occupancy permit or permits for said dwelling or dwelling unit shall be null and void and of no effect, and it shall thereafter be unlawful for any person, firm or corporation to occupy, or for any owner or agent of the owner to permit the occupation of such dwelling or dwelling unit until the dwelling or dwelling unit has been reinspected and a Certificate of Occupancy therefor has been issued by the Commissioner in accordance with the provisions of Section 515.070 hereof. In the event that the Commissioner becomes aware of any dwelling or dwelling unit within the City of Overland for which there is no valid existing occupancy permit, he/she shall cause such dwelling or dwelling unit to be placarded with a red tag in a manner and location that is readily visible to the public, which will give notice to the public that an occupancy permit is required for such dwelling or dwelling unit.
[CC 1976 §13½-21.2; Ord. No. 93-13 §1, 4-26-1993]
For any month when there is a change of user of residential (rate 001) or non-residential (rate 043) electric service within the City, Ameren UE shall notify the Building Commissioner (or other appropriate official) of the City in writing within seven (7) working days after the end of the month of said changes, indicating the address and apartment or unit number, and the name(s) of electric user(s) per service and address and apartment or unit number in whose name service is connected or billed.
[CC 1976 §13½-22; Ord. No. 1388 §12, 1-13-1975]
It shall be unlawful for the owner of any dwelling or dwelling unit, upon whom a notice of violation or compliance order has been served, to sell, transfer, mortgage, lease or otherwise dispose of said dwelling or dwelling unit to another until the provisions of the notice of violation or compliance order have been complied with, or until such owner shall first furnish to the transferee, mortgagee, grantee or lessee, a true copy of any such notice of violation or compliance order issued by the Building Commissioner. A transferee, mortgagee, grantee or lessee who has received actual or constructive notice of the existence of a notice of violation or compliance order shall be bound by such notice as of the date of the transfer without further service or notice upon such person.
[CC 1976 §13½-23; Ord. No. 1388 §13, 1-13-1975; Ord. No. 98-82 §1, 9-29-1998]
Any person who shall violate any provision of this Article, or any provisions of any rule or regulation adopted by the Commissioner pursuant to authority granted by this Article, shall upon conviction be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment for a period not exceeding three (3) months; and each day's failure to comply with any such provision shall constitute a separate violation.
[CC 1976 §13½-24; Ord. No. 1388 §14, 1-13-1975]
A. 
In any case where a provision of this Article is found to be in conflict with a provision of any zoning, building, fire, safety, or health Chapter or Code of the City of Overland existing on the effective date of this Article, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this Article is found to be in conflict with a provision of any other Chapter or Code of the City of Overland existing on the effective date of this Article which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this Article shall be deemed to prevail, and such other Chapters or Codes are hereby declared to be repealed to the extent that they may be found in conflict with this Article.
B. 
If any Section, Subsection, paragraph, sentence, clause or phrase of this Article should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Article, which shall remain in full force and effect; and to this end the provisions of this Article are hereby declared to be severable.
[CC 1976 §13½-31; Ord. No. 2441 §4, 9-26-1988]
For purposes of this Article, the following definitions shall apply:
RESIDENTIAL APARTMENT
A room or a suite of rooms within a building arranged, intended or designed for a place of residence of a single family or group of individuals living together as a single housekeeping unit.
RESIDENTIAL APARTMENT BUILDING
Any building containing residential apartments.
RESIDENTIAL APARTMENT COMPLEX
A contiguous parcel of property which contains one (1) or more residential apartment buildings. For purposes of this Article a parcel of property shall not be limited to a single building lot, but shall include any contiguous property owned by common or related owners and operated by common or related management.
[CC 1976 §13½-32; Ord. No. 2441 §3, 9-26-1988]
A. 
Any owner who fails to provide the services required in this Article shall be guilty of a misdemeanor and may be fined or imprisoned in accordance with penalties provided by City ordinance and State law. Each day such services are not provided shall constitute a separate offense.
B. 
In addition to any other remedies available to the City, the Commissioner of Public Works of the City may provide such required services to any residential apartment building or residential apartment complex and the cost of providing such service shall be taxed as a lien against the property as provided by City ordinance and State law.
[CC 1976 §13½-33; Ord. No. 2441 §1, 9-26-1988]
A. 
Each owner of any residential apartment building or residential apartment complex which has more than one hundred twenty (120) residential apartments for rent, lease or hire shall be responsible to provide, at his/her own expense, the following services:
1. 
Trash collection. Trash collection service shall be provided to each such residential apartment building and residential apartment complex such that trash shall be collected and removed from the premises at least once each day of the week except Sunday and legal holidays and that every trash container or dumpster as defined in Section 235.100 of this Code, which is kept outside of any building, shall be emptied and its contents collected and removed from the premises on each day of the week except for Sundays or legal holidays.
2. 
Security. Licensed watchmen shall be provided on a twenty-four (24) hour basis sufficient to patrol the entire apartment building or complex at least once every hour. Each watchman shall be equipped with a civilian band radio or other civilian means of notifying the City Police Department of any suspicious observations.
[CC 1976 §13½-34; Ord. No. 2441 §2, 9-26-1988]
Each owner of any residential apartment building or residential apartment complex which has more than twelve (12) residential apartments for rent, lease or hire shall be responsible to provide, at his/her own expense, a full-time building or complex manager actually residing in said building or complex on a full-time basis.