[R.O. 2004 §498.010; Ord. No. 181 §§1 — 4, 6-27-1974; Ord. No. 745 §§1 — 3(498.010), 10-22-1992; Ord. No. 811 §1, 7-20-1995; Ord.
No. 1079 §1, 6-16-2005]
A. An
occupancy permit, to be issued as herein provided, shall be required
prior to the locating of any mobile home on any space within an established
mobile home court or upon any other property within the City of Pevely
or any house newly constructed and to receive its first (1st) occupants.
B. No
lessor, owner, lessee or owner or mobile home court operator within
the City of Pevely shall permit the installation or location of a
mobile home upon its property or the occupancy of same by any individuals
and no house or dwelling not hereinbefore occupied shall be occupied
or used in any manner without first obtaining the occupancy permit
hereinafter described.
C. Anyone
desiring to occupy a mobile home to be located either within or without
established mobile home courts within the City of Pevely or any house
not heretofore occupied shall make written application to the Clerk
of the City of Pevely requesting an occupancy permit. Said application
shall set forth the exact location said individuals seek to occupy
and whether there is water served by an individual meter and sewers
properly and sanitarily connected up and proper electrical service
available. If all of said facilities are not installed and proper
individual deposits for water and sewer service made as required by
other ordinances, the City Clerk shall not approve said occupancy
permit until all of the facilities are installed and operable and
proper deposits are made for said water and sewer services.
D. Any
person renting, leasing, occupying, utilizing or aiding anyone else
in any of the foregoing without a valid occupancy permit for the area
sought to be utilized having been issued shall be deemed guilty of
a misdemeanor and every day of continued violation shall be a separate
offense, said misdemeanor to be punishable by a fine of five dollars
($5.00) to two hundred dollars ($200.00) for each separate violation.
E. Occupancy Permit Required. It shall be unlawful for any
person, owner or agent thereof to occupy or use or to permit the occupancy
or use of any premises for any purpose, including the movement of
furniture, equipment or other personal property into said premises,
until a certificate of occupancy has been issued by the Code Official.
The certificate so issued shall state that the occupancy complies
with all of the provisions of this Code in as far as can be determined
by a visual inspection of the premises and a review of the records.
F. Application, Residential. It shall be unlawful for any person
to knowingly make any false statement on an application for an occupancy
permit for a dwelling unit as to the names, relationships, ages or
number of occupants who will occupy the dwelling unit.
G. Application, Other Than Residential. It shall be unlawful
for any person to knowingly make any false statement on an application
for an occupancy permit for a non-residential unit as to the name
of the person, firm, company or institution which will occupy the
premises, the type of use, the type or quantity of materials that
will be stored on the premises or the floor area of the portion of
the premises that will be occupied.
H. Action On An Application. The Code Official shall examine
all applications for permits within a reasonable time after filing.
No action shall be taken to issue a permit until an inspection of
the premises is completed unless there is a current City conducted
property maintenance inspection report on file with the City.
I. Upon
application for occupancy of an existing building or residence within
the limits of the City of Pevely, a twenty-five dollar ($25.00) fee
will be charged. If all fees are paid and the Code Official is satisfied
that the premises and its occupancy are in compliance with this Code
and all laws and ordinance applicable thereto and any requirements
as to the occupancy or use as endorsed or limited by the building
permits issued, the Code Official shall issue the occupancy permit
as soon as practicable. No permit shall be issued under the provisions
of this Code for premises which have been newly constructed, newly
altered or on which a change in use is proposed unless a certificate
of use and occupancy has first been issued under the provisions of
the Building Code.
Should the premises fail to pass occupancy when first (1st)
inspected, the owner-occupant shall have the opportunity to bring
the structure into compliance and call for reinspection at no additional
charge. If it again fails to pass occupancy, an additional five dollar
($5.00) fee will be charged for each inspection until the structure
is in compliance as stated in this Article.
J. Conditional Permit. Occupancy may be permitted on a conditional
basis when in the judgment of the Code Official practical difficulties
interfere with completing all repairs required to bring the premises
into full compliance with this Code prior to permitting occupancy.
However, no conditional permit shall be issued when there is a condition
on the premises which can threaten the health or safety of an occupant.
No conditional permit shall be issued under the provisions of this
Code for premises which have been newly constructed, newly altered
or on which a change in use is proposed unless a certificate of use
and occupancy has first been issued under the provisions of the Building
Code.
K. Rejection Of Application. If the application does not comply
with the requirements of all pertinent laws, the Code Officials shall
reject such application in writing, stating the reasons therefor.
L. Penalty. Any persons violating Subsections
(E) through
(K) of this Section shall be deemed guilty of a misdemeanor and every day or continued violation shall be considered a separate offense, said misdemeanor to be punished by a fine of five dollars ($5.00) to two hundred dollars ($200.00) for each separate violation.