[R.O. 2009 §510.010; Ord. No. 182 §§100.0 — 101.0, 4-14-1975]
A.
The
general purpose of this Chapter is to protect the public health, safety
and the general welfare of the people of the City of Pasadena Hills.
These general objectives include, among others, the following specific
purposes:
1.
To protect the character and stability of residential property within
the City.
2.
To provide minimum standards for cooking, heating and sanitary equipment
necessary to the health and safety of occupants of buildings.
3.
To provide facilities for light and ventilation necessary to health
and safety.
4.
To prevent additions or alterations to existing dwellings that would
be injurious to the life, health, safety or general welfare of the
occupants of such dwellings or neighboring properties.
5.
To prevent the overcrowding of dwellings by providing minimum space
standards per occupant of each dwelling unit.
6.
To provide minimum standards for the maintenance of existing residential
buildings and to thus prohibit the spread of slums and blight.
7.
To thus preserve the property value of land and buildings throughout
the City.
8.
To provide mechanisms for the enforcement and administration of the
code to ensure that the above purposes are accomplished.
[R.O. 2009 §510.020; Ord. No. 182 §110.0, 4-14-1975; Ord. No. 216 §1, 12-12-1977; Ord. No. 324 §2, 8-13-1985; Ord. No. 331 §1, 4-12-1986; Ord. No. 333 §1, 1986; Ord. No. 416 §1, 11-11-1991; Ord. No. 478 §2, 2-13-1996]
For the purpose of this Chapter, the following words and phrases
shall have the meanings assigned to them:
A structure subordinate to the main or principal structure.
That portion of a building which is partly underground, but
having at least fifty percent (50%) of its ceiling height above the
average grade of the adjoining ground.
A room affording privacy containing bathing and sanitary
facilities provided within each living unit consisting of a water
closet, a tub or shower, and a lavatory basin.
The Building Code of the City of Pasadena Hills with all
amendments, revisions and supplements thereto.
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 provisions 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.
A document which states the names, ages, relationships and number of occupants of a dwelling unit which does not comply with all of the provisions of this Chapter. It is issued only under specified circumstances listed in Section 405.160 (Occupancy Permit Required) for a limited, specified length of time and may be renewed one (1) time (the renewal not to exceed ninety (90) days) at the discretion of the Enforcement Official.
The condition or appearance of a building or part thereof
characterized by evidence of physical decay or neglect, excessive
use or lack of maintenance.
A structure or portion of a structure designed for or used
for human habitation.
One (1) or more rooms or any part thereof in a building usable
for occupancy by one (1) family for living purposes and having its
own permanently installed cooking and sanitary facilities.
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, storm doors, gutters,
downspouts, shutters and decorative trim.
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 and legal
pest elimination methods approved by the Health Commissioner of the
City.
One (1) or more persons occupying a dwelling and living as
a single non-profit housekeeping unit, all but one (1) of whom shall
be related to each other by birth, adoption or marriage.
An independent structure forming a barrier at grade between
lots, between a lot and a street or an alley, or between portions
of a lot or lots. A barrier includes a wall or latticework 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.
The floor area of a room which has a ceiling height of not
less than seven (7) feet four (4) inches.
A yard extending across the front lot between the inner side
yard lines and measured between:
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
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.
Any structure or part thereof used as a home or place of
abode by one (1) or more persons, or which is built for or intended
to be used for human occupancy, whether occupied or vacant.
Every room in any building in which persons sleep, eat or
carry on their usual domestic or social vocations or avocations. It
shall not include private laundries, bathrooms, toilet rooms, pantries,
storerooms, closets, halls, corridors, rooms for mechanical equipment
for service in the building or other similar spaces not used by persons
frequently or during extended periods. No room shall be considered
a habitable room which contains less than seventy (70) square feet
of floor space, nor shall the least horizontal dimension of such room
be less than seven (7) feet.
Any place where insects, pests or rodents can live, nest
or seek shelter.
The presence of, within or contiguous to a structure or premises,
insects, rodents, vermin or other pests.
A space which contains a sink and adequate space for installing
cooking and refrigeration equipment and for the storage of cooking
utensils.
Any transfer of the right of control of any premises including
the right to collect rents, whether single-family or multiple dwellings.
Land occupied or to be occupied by any building and accessory
structure, if any, together with such open spaces as are required
under this Chapter.
A building or portion thereof designed 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 405.160 (Occupancy Permit Required).
Any person living and sleeping in a dwelling unit or having
actual possession of said dwelling unit.
The keeping of any goods, materials, equipment or rubbish
in any yard or in any open lot for any purpose whatsoever; provided,
this shall not include the parking of any operable motor vehicle on
paved portions of a yard or the keeping of any electrical, heating
or cooling equipment which is operable and in use for the purpose
of supplying said utilities to the dwelling situated on the premises,
all-weather lawn furniture or outdoor cooking equipment.
That part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
Any person who has charge, care or control of a building
or part thereof which is let or offered for occupancy.
Any person who alone, jointly or severally with others shall
be in actual possession, have charge, care or control of any premises
within the City of Pasadena Hills as an owner of record as evidenced
at the St. Louis County Recorder of Deeds, employee or agent of the
owner, or as trustee or guardian of the estate or person of the title
holder, and such person shall be bound to comply with the provisions
of this Chapter to the same extent as the owner.
A corporation, firm, partnership, association, organization
and any other group acting as a unit as well as any individual. It
shall also include an executor, administrator, trustee, receiver,
or other representative appointed according to law. Wherever the word "person" is used in any Section of this Chapter prescribing
a penalty or fine, as to partnerships or associations, the word shall
include the officer, agents or members thereof who are responsible
for any violation of such Section.
Facilities and equipment including, but not limited to, the
following: Gas pipes, gas-burning equipment, water pipes, steam pipes,
garbage disposal units, waste pipes, toilets, sinks, installed dishwashers,
lavatories, bathtubs, shower baths, installed clothes washing machines,
catch basins, drains, vents and any other similar fixtures, together
with all connections to the water, sewer, vent or gas lines.
A lot, plot or parcel of land or any part thereof including
the buildings or structures thereon.
Any material or services 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.
A yard extending across the full width of the lot and measured
between the rear line of the lot and the rear of the building.
To restore to a sound and acceptable state of operation,
serviceability or appearance. Repairs shall be expected to last approximately
as long as would the replacement by new items.
To remove an existing item or portion of a system and 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.
Non-putrescible solid wastes consisting of both combustible
and non-combustible wastes.
Any transfer of ownership of any premises including multiple
dwellings.
Includes kitchen sink with suitable top and drain and hot
and cold water taps, bathroom fixtures and other facilities used for
sanitation.
Any structure, equipment, including the dish, supporting
members and base, which is wholly or partly designed for or used for
the purpose of receiving microwave communication signals.
A yard between the building and the side line of the lot
and extending from the street line to the rear yard.
A bedroom or room intended for sleeping, or a combination
of bedrooms or rooms intended for sleeping within a dwelling unit,
which are located on the same floor and are not separated by another
habitable room, such as a living room, dining room or kitchen, but
excluding bathroom, hallway or closet. A dwelling unit may have more
than one (1) sleeping area.
A device which detects visible or invisible particles of
combustion and shall be either the ionization chamber or the photoelectric
type.
Anything constructed or erected which requires location on
the ground or is attached to something having location on the ground,
including a fence or freestanding or retaining wall. A sign, billboard
or other advertising medium, detached or projecting, shall be construed
as a "structure".
All structures which do not conform to the minimum standards
established by this Chapter or any other ordinances.
Paid for, installed, furnished or provided by or under the
control of the owner or operator.
As applied to a building, is a condition or combination of
conditions liable to be a danger or hazard to the life, safety or
health of persons occupying it or frequenting it or to the public
and in danger of settlement, movement, disintegration or collapse,
whether such danger arises from the method or materials of its construction
or from equipment installed therein for the purposes of lighting,
heating, the transmission or utilization of electric current, or from
the obsolescence or deterioration or from its location or otherwise.
As applied to a building means liable to be a danger or hazard
to the health of persons occupying or frequenting it, or to the public,
if such danger arises from the method or materials of its construction,
or from equipment installed therein, for the purposes of lighting,
heating, ventilation or plumbing or from existing conditions liable
to cause rat infestation, vermin infestation, accumulations of trash
or debris in the building, yards or accessory structures on the premises.
Any dwelling or part thereof or any fixture or facility required
therein not in such physical condition as to safely perform the service
or services for which it is designed or intended.
The process of supplying and removing air by natural or mechanical
means to or from any space. Ventilation by power-driven devices shall
be deemed "mechanical ventilation". Ventilation by
opening to outer air through windows, skylights, doors, louvers or
stacks without wind-driving devices shall be deemed "natural
ventilation".
An open space at grade on the same lot as a building or structure
located between the main building and the adjoining lot line and/or
street line. The measurement of a yard shall be the minimum horizontal
distance between the lot line and the building or structure. For the
purpose of this definition, a fence shall not be considered a structure.
[R.O. 2009 §510.030; Ord. No. 182 §120.0, 4-14-1975]
All premises used in whole or in part as a dwelling or as an
accessory structure thereof shall conform to the requirements of this
Chapter.
[R.O. 2009 §510.040; Ord. No. 182 §130.0, 4-14-1975]
This Chapter establishes 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 City existing on the effective
date of this Chapter (April 14, 1975), the provision which establishes
the higher standard for the promotion and protection of the safety
and health of the people shall prevail.
[R.O. 2009 §510.050; Ord. No. 182 §§200.0 — 220.0, 4-14-1975; Ord. No. 307A §1, 10-10-1983; Ord. No. 607 §1, 11-14-2000]
A.
Applicability. It shall be unlawful for any person to occupy
as owner-occupant or to let or hold out to another for occupancy any
dwelling unit for the purposes of living, sleeping, cooking or eating
which is not safe, clean and fit for human occupancy, and which does
not comply with the particular requirements of the following Subsections
of this Section. It shall likewise be unlawful for any person to sell,
purchase, lease, rent or occupy any multiple dwelling or dwelling,
unless and until the multiple dwelling or dwelling shall have been
inspected as herein provided for occupancy permits, and further unless
and until the multiple dwelling or dwelling shall have passed such
inspection and defects noted by inspection are corrected according
to specifications set out by the inspector.
B.
Foundation, Exterior Walls And Roofs. The foundation, exterior
walls and roof shall be substantially water-tight, weather-tight,
protected against rodents and shall be kept in sound condition and
repair. The foundation elements shall adequately support the building
at all points. Every exterior wall shall be maintained in a sound
condition of repair and shall be free of any other condition which
admits rain or dampness to the interior portions of the building.
All exterior surface material must be treated, painted in a workmanlike
manner or otherwise maintained in a sound condition. Roof drainage
shall be adequate to prevent rainwater from causing dampness in the
walls. All cornices, restications, quoins, moldings, belt courses,
lintels, sills, oriel windows, pediments, gutters and similar projections
shall be kept in good repair and free from defect which make them
hazardous and dangerous.
C.
Floors, Interior Walls And Ceilings. Every floor, interior
wall and ceiling shall be adequately protected against the passage
and harborage of vermin and rodents and shall be kept in sound condition
and good repair. Every floor shall be free of loose, warped, protruding
or rotting floor boards. Every interior wall and ceiling shall be
free of large cracks and holes and shall be free of loose plaster
or other structural or surface materials. Every toilet room and bathroom
floor surface shall be substantially impervious to water and be capable
of being maintained easily in a clean and sanitary condition. Toxic
paint and materials shall not be used where readily accessible to
children.
D.
Windows, Doors And Hatchways. Every window, exterior door
and basement hatchway shall be substantially tight and shall be kept
in sound condition and repair. Every window shall be fully supplied
with window panes which are without cracks or holes. Every window
sash shall be in good condition and fit reasonably tight within its
frame. Every exterior door, door hinge and door latch shall be in
good condition. Every window, other than a fixed window, shall be
capable of being easily opened and shall be held in position by window
hardware. Every exterior door, when closed, shall fit reasonably well
within its frame. Every window, door and frame shall be constructed
and maintained in such relation to the adjacent wall construction
as to completely exclude rain and substantially to exclude wind from
entering the dwelling. Every basement hatchway and window shall be
so constructed, screened or maintained as to prevent the entrance
of rodents, rain and surface drainage water into the building.
E.
Exterior Appurtenances. Exterior appurtenances including,
but limited to, screens, awnings, trellises, television antennae,
satellite dishes, storm windows, storm doors, gutters, downspouts
and shutters shall be installed in a safe and secure manner and shall
be maintained in sound condition.
F.
Stairways And Porches. Every stairway, inside or outside
of the dwelling, and every porch shall be kept in safe condition and
sound repair. Every flight of stairs and every porch floor shall be
free of deterioration. Every stairwell and every flight of stairs
which is more than four (4) risers high shall have a rail not less
than two and one-half (2½) feet high, measured vertically from
the nose of the tread to the top of the rail; and every porch which
is more than four (4) risers high shall have a rail not less than
two and one-half (2½) feet above the floor of the porch. Every
rail and balustrade shall be firmly fastened and maintained in good
condition. No flight of stairs shall have settled more than one (1)
inch out of its intended position or have pulled away from supporting
or adjacent structures. No flight of stairs shall have rotting, loose
or deteriorating supports. The treads and risers of every flight of
stairs shall be uniform in width and height. Every stair tread shall
be strong enough to bear a concentrated load of at least four hundred
(400) pounds. Every porch shall have a sound floor. No porch shall
have rotting, loose or deteriorating supports.
G.
Basements, Garden Levels And Cellars. Every basement, garden
level or cellar shall be maintained in a safe and sanitary condition.
Water shall not be permitted to accumulate or stand on the floor.
All sewer connections shall be properly trapped. All floor and slab
drains shall be covered with grating. Junk, rubbish and waste shall
not be permitted to accumulate to such an extent as to create fire
hazard or to endanger health or safety.
H.
Facilities, Equipment And Chimneys. Every supplied facility,
fixture, system, piece of equipment or utility and every chimney or
chimney flue shall be maintained in a safe, sound and sanitary working
condition consistent with the requirements of this Chapter.
I.
Driveways. Driveways shall be maintained in good repair
and free of safety hazards.
J.
Yards. All areas which are not covered by lawn or vegetation
shall be treated to prevent dust or the blowing or scattering of dust
particles into the air. All trees, bushes or vegetation which overhang
a public thoroughfare shall be properly trimmed to avoid obstruction
of the view and movements of vehicles and pedestrians. Hazardous dead
trees and shrubs shall be promptly removed to the ground surface.
K.
Infestation. Each dwelling and all exterior appurtenances
on the premises shall be adequately protected against insects, rats,
mice, termites and other vermin infestation. Building defects which
permit the entrances of insects, rats, mice, termites and other vermin
shall be corrected by the owner. Tenants shall be responsible for
the elimination of rodents and vermin from that part of the premises
under their exclusive control except when more than one (1) unit is
infested at the same time and in this instance the owner shall be
responsible for elimination of the infestation.
[R.O. 2009 §510.060; Ord. No. 333 §2, 1986]
A.
The
owner of each dwelling unit which is constructed, changes ownership,
changes tenants or is rehabilitated after the passage of this Section
shall install smoke detectors prior to the occupancy or change in
occupancy of said dwelling unit. If smoke detectors already exist
in said dwelling units, the smoke detectors must comply with the provisions
of this Section.
B.
The owner, upon the occurrence of one (1) or more of the events set forth in Subsection (A), shall install at least one (1) smoke detector to protect each sleeping area. In an efficiency apartment dwelling, the owner shall install the smoke detector in the room used for sleeping. In a multiple family dwelling, the owner shall install at least one (1) smoke detector in each individual apartment or unit. In all other dwellings, the owner shall install the smoke detectors outside the sleeping areas and on the ceilings in the immediate vicinity of the sleeping area. An owner subject to this Section shall install each smoke detector on the ceiling at a minimum of four (4) inches from the side wall to the near edge of the detector and within fifteen (15) feet of all rooms used for sleeping purposes. A smoke detector shall be installed on every floor level, including the basement. Therefore, a two-story residence with a basement shall have a minimum of three (3) smoke detectors. The smoke detector in the basement shall be as close as possible to the stairwell. If a dwelling undergoes alterations, repairs or additions which require a permit, or if one (1) or more sleeping rooms are added or created in an existing dwelling, the entire dwelling or building shall be provided with smoke detectors as required for a new dwelling under this Section. Where more than one (1) sleeping area is located on a floor level, a smoke detector for each sleeping area shall be installed pursuant to this paragraph. For good cause shown, the Building Commissioner has the authority to modify the location requirements of this Section. In dwellings where location of smoke detectors cannot be readily determined, the Normandy Fire Protection District may be contacted for assistance in placement of detectors.
C.
The
owner shall install a smoke detector which is capable of sensing visible
or invisible particles of combustion and emitting an audible signal
and may be wired directly to the building power supply or may be powered
by self-monitored battery. The smoke detector shall comply with all
the specifications of the Underwriters Laboratories, Inc. Standard
UL217 (Standard for Safety-Single and Multiple Station Smoke Detectors)
2nd Edition, October 4, 1978 as revised May 19, 1983 or any recognized
standard testing laboratory that certifies the detector meets the
requirement of National Fire Protection Association (NFPA) Standards
72E and 74. Smoke detectors shall bear the label of a nationally recognized
standards testing laboratory that indicates that the smoke detectors
have been tested and listed under the requirement of UL217 2nd Edition
or NFPA 72E and 74.
D.
It
shall be the responsibility of the owner to supply and install all
required detectors. The owner shall be responsible for testing and
maintaining detectors in common stairwells. It shall be the responsibility
of the occupant to provide and maintain function batteries for each
detector, to test and maintain detectors within dwelling units, and
to notify the owner or authorized agent in writing of any deficiencies.
The owner shall be responsible for providing each occupant with written
information regarding detector testing and maintenance.
E.
It
shall be unlawful for any person to remove batteries or in any way
make smoke detectors inoperable.
[R.O. 2009 §510.070; Ord. No. 182 §§230.0 — 234.0, 4-14-1975]
A.
Space Requirements. Every dwelling unit shall contain a minimum gross floor area of not less than one hundred fifty (150) square feet for the first (1st) occupant and one hundred (100) square feet for each additional occupant. The floor area shall be calculated on the basis of the total area of all habitable rooms. The total certified number of persons shall be the lesser number of persons as determined by this Section or the sleeping space available as determined by Subsection (B).
B.
Required Space In Sleeping Rooms. In every dwelling unit,
every room occupied for sleeping purposes by one (1) occupant shall
have a minimum gross floor area of at least seventy (70) square feet.
Every room occupied for sleeping purposes by more than one (1) occupant
shall contain at least fifty (50) square feet of floor area for each
occupant thereof. However, no bedroom occupancy may exceed three (3)
persons. In any dwelling occupied by four (4) or more occupants no
part of the living room, kitchen or eating space may be counted as
part of the required space for sleeping purposes. Every room used
as a bedroom shall have access to at least one (1) water closet without
passing through another room used as a bedroom.
C.
Ceiling Height. Habitable rooms shall have a clear ceiling
height over the minimum area required of at least seven (7) feet four
(4) inches. Attics or top half stories calculated as habitable rooms
shall have a clear ceiling height of at least seven (7) feet four
(4) inches over at least one-third (⅓) of the floor area. Only
those portions of the floor area of such rooms having a clear ceiling
height of five (5) feet or more may be included.
[R.O. 2009 §510.080; Ord. No. 182 §240.0, 4-14-1975]
A.
It shall be unlawful for any person to use or permit any room in any basement or garden level to be used to satisfy the habitable room requirements of Section 510.070 (Space Requirements at Change of Occupancy) unless such room meets all the applicable requirements of this Chapter particularly with regard to ceiling height, ventilation, window area and meets the following additional requirements:
1.
The lowest point of the ceiling shall be at least three (3) feet
six (6) inches above the surface of the ground immediately adjoining
the room.
2.
The required minimum window area is entirely above ground level.
3.
No floor area three (3) feet below grade shall be used in determining
habitable living space.
4.
Two (2) means of exit are provided, at least one (1) of which leads
directly to the outside of the building.
5.
The floors and walls shall be constructed in a manner to prevent
the entry of moisture and insulated to prevent the condensation of
moisture within the room.
[R.O. 2009 §510.090; Ord. No. 182 §§250.0 — 252.2, 4-14-1975]
A.
Public Halls. All habitable rooms, passageways and stairways
shall be provided with electrical fixtures so that they can be adequately
lighted at night. A minimum of five (5) foot-candles of daylight or
artificial illumination shall be required at all times in all public
halls.
B.
Natural Lighting. All habitable rooms, except as otherwise
provided in this Chapter, shall be provided with a means of transmitting
natural light from outside complying with the following requirements:
1.
Window area. Every habitable room shall have at
least one (1) window or skylight of approved size facing directly
to the outdoors except in kitchens where artificial light may be provided
in accordance with the provisions of the Building code. The minimum
total window area, measured between stops, for every habitable room
shall be at least five percent (5%) of the floor area of such room
and not less than five (5) square feet. Whenever walls or other portions
of a structure face a window of any room and such obstructions are
located less than five (5) feet from the window and extend to a level
above that of the ceiling of the room, such a window shall not be
deemed to face directly to the outdoors and shall not be included
as contributing to the required minimum total window area for the
room.
2.
Windows leading to porches. Whenever the natural
light area opening from a habitable room is to an enclosed porch,
such area shall not be counted as a required light area unless the
enclosed porch has a natural light area of at least thirty percent
(30%) of the floor area of the room in question.
[R.O. 2009 §510.100; Ord. No. 182 §§260.0 — 263.0, 4-14-1975]
A.
Generally. It shall be unlawful to occupy or permit another
to occupy any dwelling unit for the purpose of living therein, which
is not adequately and safely provided with an electrical system in
compliance with the requirements of this Section.
B.
Minimum Requirements. The following shall be considered
as absolute minimum requirements: Conditions such as size of the dwelling
unit and usage of appliances and equipment within the unit shall be
used as the basis for requiring additional electrical works.
C.
Deficiencies. Wherever it is found, in the judgment of the
Enforcement Official, that the electrical system in the building constitutes
a hazard to the occupant or the building by reason of inadequate service,
improper fusing, improper or inadequate grounding of the system, insufficient
outlets, improper wiring or installation, deterioration or damage,
or for similar reasons, the defects shall be corrected to eliminate
the hazard. The Enforcement Official shall base his/her findings of
hazard on accepted engineering practice standards as listed in the
latest edition of the National Electrical code.
D.
Number Of Electrical Outlets. Every habitable room shall
contain not less than two (2) separate and remote wall or approved
floor convenience outlets, one (1) of which may be a ceiling or wall-type
electrical light fixture. Every kitchen shall be provided with at
least three (3) separate and remote wall-type electric convenience
outlets, one (1) of which may be a ceiling or wall-type electric light
fixture.
E.
Laundry Area. Every laundry area shall contain at least
one (1) grounded-type convenience outlet.
F.
Non-Habitable Space. Every bathroom, laundry room, furnace
room and public hall shall contain not less than one (1) ceiling or
wall lighting fixture.
G.
Good Working Order. Every outlet and fixture shall be properly
installed, shall be maintained in good and safe working condition,
and shall be connected to the source of electric power in a safe manner.
H.
Hazards Defined. In addition to the hazards established
by the Enforcement Official, the following installations are prohibited
and their presence shall be deemed a hazard:
1.
Flush or semi-flush mounted floor convenience outlets, unless provided
with an approved water-proof cover.
2.
Extension cords for other than short-term, temporary use.
3.
Conductor-supported pendant switches or conductor-supported light
fixtures.
4.
Loose or hanging wires.
5.
Frayed or bare wires.
6.
Inadequately grounded, grounded-type convenience outlets.
[R.O. 2009 §510.110; Ord. No. 182 §§270.0 — 271.4, 4-14-1975]
A.
Scope. No person shall occupy as owner-occupant or let to
another for occupancy any dwelling or dwelling unit which does not
comply with the following requirements regarding water facilities.
B.
Bathrooms. Every dwelling unit shall contain a room which
affords privacy to a person within said room and which is equipped
with a flush water closet, lavatory basin and bathtub or shower, all
of which are in good working condition and are properly connected
to hot and cold water lines and to an approved water and sewer system.
C.
Kitchen Sink. Every dwelling unit shall contain a kitchen
sink apart from the lavatory basin required which is in good repair
and in working condition, properly connected to hot and cold water
lines and to an approved water and sewer system.
D.
Water Heating Facilities. Every dwelling unit shall have
supplied water heating facilities which are properly installed and
are maintained in safe and good working condition, capable of heating
water to a temperature as to permit an adequate amount of water to
be drawn at every required kitchen sink, lavatory basin, bathtub or
shower at a temperature of not less than one hundred twenty degrees
Fahrenheit (120°F). It shall be equipped with a BOCA approved
pressure-temperature relief valve with manual release for testing.
E.
Plumbing Fixtures. Every dwelling unit and structure covered
by this Chapter shall have water lines, plumbing fixtures, vents and
drains which are properly installed, connected and maintained in working
order and shall be kept free from obstructions, leaks and defects
and be capable of performing the function for which they are designed.
All repairs and installations shall be made in accordance with the
provisions of the Building code or Plumbing code of the City.
[R.O. 2009 §510.120; Ord. No. 182 §§280.0 — 283.0, 4-14-1975]
A.
Applicability. Every dwelling unit shall have heating facilities
which are capable of safely and adequately heating all habitable rooms,
bathrooms and water closet compartments within its walls to a temperature
of at least seventy degrees Fahrenheit (70°F) when the outside
temperature is minus ten degrees Fahrenheit (-10°F) and a temperature
of at least sixty degrees Fahrenheit (60°F) when the outside temperature
is less than minus ten degrees Fahrenheit (-10°F).
B.
Prohibited Equipment. Gas appliances designed primarily
for cooking or water-heating purposes shall not be considered as heating
facilities within the meaning of this Section. Portable heating equipment
employing flame and the use of liquid fuels or coal does not meet
the requirements of this Chapter and is prohibited.
C.
Good Working Condition. The owner shall see that the heating
facilities shall be properly installed, safely maintained and in good
working condition.
[R.O. 2009 §510.130; Ord. No. 182 §§290.0 — 293.0, 4-14-1975]
A.
Generally. Every habitable room shall have natural ventilation
or a mechanical ventilation system adequate for the purpose for which
the room is used.
B.
Toilet Rooms, Bathrooms And Kitchens. Every toilet room,
bathroom and kitchen shall have adequate ventilation which may be
either an openable window with an openable area of five percent (5%)
of the floor area, mechanical ventilation, or a gravity vent flue
constructed with incombustible material leading to the roof of the
building or a combination of any of these. The gravity vent shall
be computed at an aggregate clear area of not less than five percent
(5%) of the floor area of the room with a minimum area of at least
one hundred twenty (120) square inches. Gravity vents shall be provided
with a weather cap, directional vane or rotary-type ventilation on
the roof.
C.
Adequacy. A ventilating system maintained in a safe and
good working condition which provides a complete change of air for
the bathroom or water closet compartment every fifteen (15) minutes
shall meet the requirements of this Chapter.
[R.O. 2009 §510.140; Ord. No. 182 §§300.0 — 303.0, 4-14-1975; Ord. No. 331 §2(300.0), 4-12-1986; Ord. No. 557 §1, 12-8-1998; Ord. No. 766 §1, 10-10-2005]
A.
ACCESSORY BUILDING
PODS
PORTABLE ON DEMAND STORAGE UNIT
STORAGE SHED
STORAGE TRAILERS
Definitions. For purposes of this Section, the following
terms shall mean:
A subordinate building customarily incidental to and located
on the same lot occupied by a main building, subordinate in area,
extent or purposes to the main building, limited to and contributing
to the comfort, convenience or necessity of the occupants of the main
building. For purposes of this Section, an accessory building differs
from a temporary storage device, portable on demand storage unit and
storage shed in that it is constructed pursuant to a building permit
and is permanently affixed to realty.
An acronym and common name for portable on demand storage
units.
A container designed, constructed and commonly used for non-permanent
placement on property for the purpose of temporary storage of personal
property.
A stick or prefabricated structure designed, intended and installed on property primarily for the long-term storage of yard, pool and garden equipment and similar personal property. Such structure must meet the specifications in Subsection (E).
[Ord. No. 948, 12-20-2017]
Includes trucks, trailers and other vehicles or parts of
vehicles designed to be hitched or attached to trucks, tractors or
other vehicles for movement from place to place used as a temporary
storage device.
B.
Obstruction Or Disrepair Not Permitted. Accessory structures
shall not obstruct light and air of doors and windows of any dwelling
unit, obstruct a safe means of access to any dwelling unit, create
fire and safety hazards or provide rat or vermin harborage. Accessory
structures shall be functional and shall be maintained in a state
of good repair and alignment. All structures must have vermin-proof
floors.
C.
Removal Of Non-Functioning Structures. All exterior appurtenances
of accessory structures which serve no useful purpose and are in a
deteriorated condition which are not economically repairable shall
be removed. Such structures shall include, but not be limited to,
porches, terraces, entrance platforms, garages, driveways, carports,
walls, fences, miscellaneous sheds and sidewalks.
D.
Temporary Storage.
1.
No person shall park or leave any storage trailer, PODS or similar
device so as to be visible from any public right-of-way without obtaining
a permit from the City Clerk. The permit shall specify the time period,
not exceeding fourteen (14) days, when the unit may be kept on the
property and the location on the property where the unit is to be
situated.
2.
There shall be no permit fee for a fourteen (14) day permit. No more
than one (1) fourteen (14) day permit may be issued for any lot or
parcel of property in any twelve (12) month period. However, storage
trailers, PODS or similar devices may be kept for up to an additional
fourteen (14) days upon the issuance of a special use permit by the
Board of Aldermen; the fee for such special use permit shall be fifty
dollars ($50.00).
3.
Any storage trailer, PODS or similar device shall be placed and kept
on the driveway or other paved surface and the point farthest from
the street.
4.
Failure to remove the storage trailers, PODS or similar devices within the time required or other violations of this Section shall be punishable as provided in Section 100.220 of this code.
5.
This Section shall not apply to the use or placement of construction
trailers and equipment on property in association with ongoing construction
activities carried out pursuant to a valid building permit.
E.
Storage Sheds.
[Ord. No. 948, 12-20-2017]
1.
Such structures must meet the following specifications:
a.
Minimum yard setback: five (5) feet from the rear property line,
ten (10) feet from any existing building, side yard setback is subject
to the Pasadena Hills Historic Preservation Commission ("PHHPC") approval.
b.
Maximum shed size and ridge height is subject to PHHPC approval.
c.
Shed size and proportion, siding style, window and door style,
trim detail as appropriate to the historical style of the house and
is subject to PHHPC approval.
d.
Electrical and plumbing permits will be required per shed design
requirements.
e.
For Shed Structures, Stick Built or Prefabricated:
(1)
Remove turf, sized to shed area.
(2)
Install reinforced vapor barrier sized to shed
area directly on ground.
(3)
Eight-inch diameter 2,500-pound minimum concrete
pier support, twenty-four (24) inches deep, top of pier four (4) inches
above finished grade at corners and midspans, at five (5) feet, zero
(0) inches maximum centers, one-half-inch anchor bolts.
(4)
Three-quarters inch to one and one-quarter inches
washed crushed stone base, minimum four (4) inches deep, sized to
shed area.
(5)
Alternate: remove turf under the shed area, four
(4) inches thick 2,500# concrete slab sized to shed area, six-by-six
reinforced steel mesh on six (6) inches of three-quarters inch to
one and one-quarter inches washed crushed stone.
f.
For Shed Structures, Stick Built Only:
(1)
PT four-by-four base frame five (5) feet, zero
(0) inches o.c. both ways, supported by the piers and stone base.
(2)
PT floor joists sixteen (16) inches o.c. sized
for five (5) feet, zero (0) inches maximum spans.
(3)
Three-quarter-inch T&G CDX plywood floor deck.
(4)
Plate height maximum seven (7) feet, zero (0) inches.
(5)
Two-by-four construction-grade spruce stud walls,
twenty-four-inch maximum spacing.
(6)
One-half OSB exterior wall sheathing.
(7)
Fifty-year wood or composite siding (primed and
treated).
(8)
No vinyl siding or trim allowed.
(9)
Roof framing, maximum twenty four (24) inches o.c.
(10)
Roof ridge height subject to approval by the PHHPC.
(11)
Five-eighths-inch CDX roof plywood sheathing.
(12)
Thirty-year architectural grade 3 tab composite
shingles; alternate: metal roof.
(13)
Continuous five-inch metal drip edge.
(14)
Industry standard roof metal flashing installation
required.
(15)
No vinyl windows or doors allowed.
(16)
Wood or composite trim, as appropriate to the
historical character of the house.
(17)
Wood window frames and sash only; vinyl clad or
metal clad is acceptable.
(18)
Window size and muntin's as appropriate to the
historical character of the house.
(19)
Wood door and frames only; vinyl clad or metal
clad is acceptable.
(20)
Door and frame style as appropriate to the historical
character of the house.
g.
For Shed Structures, Prefabricated Only:
(1)
PT four-by-four base frame five (5) feet, zero
(0) inches o.c. both ways, supported by the piers and stone base to
receive prefabricated structure.
(2)
Require wood or composite trim, as appropriate
to the historical character of the house.
(3)
Wood window frames and sash only; vinyl clad or
metal clad is acceptable.
(4)
Window size and muntin's as appropriate to the
historical character of the house.
(5)
Wood door and frames only; vinyl clad or metal
clad is acceptable.
(6)
Door and frame style as appropriate to the historical
character of the house.
(7)
Thirty-year architectural grade 3 tab composite
shingles; alternate: metal roof.
(8)
Continuous five-inch metal drip edge.
(9)
Industry standard roof flashing installation required.
2.
An application for a permit to install a storage shed must be completed pursuant to Article III, Section 500.100(B) of the Municipal Codebook, and a permit fee for such installation shall be twenty-five dollars ($25.00).
3.
All shed permits to be reviewed and approved by the Pasadena
Hills Building Commissioner and the Pasadena Hills Historic Preservation
Commission.
4.
Applicants must submit two (2) copies of the plot plan showing
the lot lines with dimensions, locations of existing structures, locations
of the storage shed and the exact dimensions from the storage shed
to the property lines and any existing buildings on the lot.
[R.O. 2009 §510.145; Ord. No. 557 §2, 12-8-1998]
Open storage, as herein defined, is prohibited.
[R.O. 2009 §150.150; Ord. No. 182 §§320.0 — 323.0, 4-14-1975]
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.
Structures With Three Or More Stories. All habitable structures
of three (3) or more stories with dwelling units occupying the third
(3rd) higher story shall be provided with two (2) separate usable
unobstructed means of egress for each dwelling unit located above
the second (2nd) story.
C.
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.
[R.O. 2009 §510.160; Ord. No. 317 §2, 11-12-1984; Ord. No. 332 §1, 11-13-1986; Ord. No. 437 §1, 6-1-1993; Ord. No. 541 §1, 5-12-1998; Ord. No. 599 §1, 6-13-2000; Ord. No. 885 §4, 6-14-2010; Ord. No. 964, 10-21-2020; Ord.
No. 974, 10-20-2021]
A.
Fences
— General.
1.
The presence of open areas between and among the homes in Pasadena
Hills is a strong character-defining feature of the City. Over the
years, development in the City has used similar lot coverage as traditionally
found along a block to maintain the open character of the street and
ensure compatibility with adjacent homes. Additionally, the required
setbacks and yard requirements provide a soft, landscaped buffer between
the structure and the street or other structures creating an inviting,
unified appearance. Fences and other screening structures, unless
strictly regulated, can detract from this appearance. All fences shall
align with and support the historic nature of the area, the neighborhood
it is located, and the home itself.
C.
BUILDING LINE
CORNER LOT
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
Definitions.
As used in this Section the following terms shall have the meanings
indicated:
That line which represents the closest points that the main
building on a lot can be erected to the front, side and rear property
lines.
A corner lot constitutes, by definition, two (2) front yards
that corresponds to each street respectively.
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided herein. In measuring
a yard for the purpose of determining the width of a side yard, the
depth of a front yard or the depth of a rear yard, the minimum horizontal
distance between the lot line and the main building shall be used.
A yard extending across the front of a lot and being the
minimum horizontal distance between the street or place line and the
main building or any projections thereof other than the projections
of the usual uncovered steps, uncovered balconies, or uncovered porch.
On corner lots, the front yard shall be considered as parallel to
the street upon which the lot has its least dimension.
A yard extending across the rear of a lot and being the required
minimum horizontal distance between the rear lot line and the rear
of the main building or any projections thereof other than the projections
of uncovered steps, unenclosed balconies or unenclosed porches. On
all lots, the rear yard shall be in the rear of the front yard.
A yard between the main building and the side line of the
lot, and extending from the required front yard to the required rear
yard, and being the minimum horizontal distance between a side lot
line and the side of the main building or any projections thereof.
D.
Fence
Permit And Certificate Of Appropriateness.
1.
No fence shall be erected within the City without submitting a survey
or other legal proof of the property clearly showing the borders and
obtaining a permit and Certificate of Appropriateness approval. There
shall be a charge for issuance of a fence permit. Any fence erected
without a permit shall be removed at the expense of the owner of the
property on which such fence is located.
2.
A building permit shall be required for the erection of a new fence,
a replacement fence or replacement of a section of a fence that is
greater than eight (8) feet in length or portions of a fence which,
in the aggregate, total eight (8) feet in length. Minor repairs to
sections of existing fences less than eight (8) feet in length or
which, in the aggregate, do not total eight (8) feet in length, shall
be considered minor repairs and shall not require permits.
E.
Fence
Height.
1.
Except as otherwise provided herein or as required for safety enclosures around pools, specified in Section 515.140 of this Code, no fence shall be erected under the provisions hereof which shall be less than four (4) feet nor greater than six (6) feet in height vertically at any point thereon, and no such fence shall be erected which has a closed surface. The surface of any fence must have a clear, open and unobscured area of fifty percent (50%) minimum openness or greater
3.
Stone and brick fencing maximum four (4) feet zero (0) inches in
height.
F.
Fence
Location.
1.
No fence shall be erected which extends beyond the front building
line, of the dwelling or multi-family dwelling.
2.
Side yard fences must be placed well behind the front wall of the
house.
3.
Regarding corner lots, no fence shall be erected which extends beyond
its respective front building line of the dwelling or multi-family
dwelling. (see definitions "corner lot").
4.
It shall be the responsibility of the property owner to verify the
property line location prior to erecting a fence or authorizing another
person to erect a fence. In the case of a rental property, the tenant
must furnish proof that the owner concurs with the request to erect
a fence on the property.
5.
Fences may be constructed across utility easements (typically in
the rear year); however, the utility company has the right to remove
a fence on the easement and the property owner or resident may be
required to reinstall it upon completion of the utility work.
G.
Construction
And Maintenance.
1.
Line fence posts shall be set at a depth of not less than two (2)
feet six (6) inches. Terminal fence posts and gate posts shall be
set at a depth of not less than three (3) feet and shall be set in
concrete at the level of the ground. All posts and vertical fence
boards shall be constructed and maintained at the plumb line. Sufficient
line posts shall be used in the construction of fences to keep the
fence from bowing or sagging, but in no case shall the posts be set
more than seven (7) feet apart.
2.
Fences constructed of wood shall be built in a "shadow box" fashion
allowing for air circulation.
3.
Fences constructed of brick or stone shall be set on continuous concrete
footing two (2) feet zero (0) inches wide by eight (8) inches deep
integral with a concrete wall the width of the masonry wall not less
than two (2) feet six (6) inches in depth on virgin soil below finished
grade.
4.
All fences shall be kept in safe condition and sound repair. All
fences shall be free of chipping, cracking or peeling paint. All fences
shall be maintained free of rotting, rusting, loose or deteriorating
supports, members, materials and hardware.
H.
Fence
Materials And Maintenance.
1.
The design, color and material of the fence shall be complementary,
matching the principal structure on the property or architecturally
conform to neighboring residential property. Chain link fencing or
synthetic fencing materials will not be permitted.
2.
No fence shall be erected as a perimeter fence for an outside yard
unless the side of the fence which reasonably appears to be more aesthetic,
as compared to the other side, faces away from the property for which
the fence was erected as the perimeter fence.
3.
Barbed or razor wire and chain-link fences are prohibited.
4.
Fencing materials will be installed with protection from and will
be properly maintained from weather deterioration.
5.
The owner of a fence is required to maintain the growth of weeds
and grass between, beneath and adjacent to all fence to a height not
exceeding six (6) inches.
6.
All fences shall be continuously maintained in an upright manner,
ninety degrees (90°) vertical to the ground, free from defects, peeling paint, rusting,
and exposed wood, compromised finishes. The owner shall repair, paint,
remove or otherwise attend to any fence if it becomes unsightly or
a menace to public safety, health, and welfare.
7.
Acceptable fence materials are cedar, redwood, cypress, pressure
treated yellow pine, ornamental aluminum, ornamental metal.
I.
Safety
And Security Fences.
J.
Plans
And Specifications.
1.
A plot plan showing the location of the proposed fence and fence drawing, showing a fence section detail, types of materials to be used and method of construction shall accompany the application. The building permit application and supporting documents shall be submitted to the City Building Commissioner for his/her review, along with a fee as specified in this Code Section 510.160.
K.
Expiration
Or Revocation Of Permit.
1.
In the event permit is issued, construction must be completed within
thirty (30) days from date of issuance, unless the Building Commissioner
extends the time for completion in writing.
2.
If at any time after the permit is issued there should be any deviation
from the original plans and specifications as submitted, the Building
Commissioner shall order the stoppage of work until approval of any
changes is given in writing. Revised plans shall be submitted in ample
time to allow certification of approval before commencement of work
on that part being revised. In the event that approval of changes
is withheld, construction shall promptly proceed in accordance with
the original plans and permit.
L.
Appeals
And Variances.
1.
In the event that a permit for a proposed fence is denied by the
Building Commissioner, the applicant shall have the right to appeal
the denial to the Board of Adjustment in accordance with the procedures
for appeal of administrative decisions.
2.
An applicant may make an original application to the Board of Adjustment
for a variance from the requirements of this Section. In the sole
discretion of the Board, in light of unique circumstances, a variance
may be granted. However, in no event shall a variance be granted to
allow the construction of a fence with barbed wire or to vary the
fencing requirements for swimming pools. A variance shall not be granted
if based merely upon the financial considerations of the applicant.
M.
Abatement
Of Lawful Non-Conforming Fences.
1.
Fences erected prior to November 12, 1984, are hereby exempt from
this Section until replacement is required, at which time this Section
must be complied with. "Replacement" is defined as replacing more
than sixty percent (60%) of the existing fence and/or expending more
than five hundred dollars ($500.00) in repairing the existing fence.
[R.O. 2009 §510.170; Ord. No. 324 §3, 8-13-1985; Ord. No. 544 §1, 6-9-1998; Ord. No. 607 §2, 11-14-2000; Ord. No. 885 §7, 6-14-2010]
A.
Compliance With Requirements. It shall be unlawful for any
owner to erect or cause to be erected a satellite dish within the
City of Pasadena Hills except as herein provided.
B.
Installation, Maintenance And Use Requirements.
1.
No satellite dish will be erected which exceeds seventy-two (72)
inches in height or seventy-two (72) inches in width.
2.
Not more than one (1) satellite dish may be erected on a lot.
3.
Satellite dishes may only be erected in the rear yard of a lot and
within the side building lines of a dwelling or multi-family dwelling
and not less than fifteen (15) feet from the side and rear lot lines.
4.
Satellite dishes shall be shielded from visibility from the street or adjoining lots by the use of shrubs, plantings, vegetation or fencing. In the event that fencing is used, the erection of said fencing shall comply with Section 510.160.
5.
Satellite dishes shall be painted in a fashion so as to blend into
the background against which it is mounted.
6.
Satellite dishes mounted on roofs shall be mounted on the rear side
of the roof behind the roof peak.
C.
Permit Required.
1.
No owner shall erect or cause to be erected a satellite dish within
the City of Pasadena Hills without applying for and thereafter obtaining
a building permit.
2.
The owner or person acting in his/her behalf shall make application
for a building permit on forms designated by the City. The building
permit shall set forth:
a.
The name and address of the applicant,
b.
The address of the lot upon which the satellite dish is intended
to be erected,
c.
The name and address of the person designated to erect the satellite
dish,
d.
The cost of construction,
e.
The materials to be used, a photograph of the intended satellite
dish and the method for erection,
f.
A plot plan for the lot showing the boundary lines of the property,
the location and dimension of existing structures, existing setbacks
from property lines, together with the dimensions and locations of
the proposed satellite dish,
g.
An elevation plan showing the height of the proposed satellite dish,
h.
A construction detail showing the methods for anchoring the satellite
dish and the types of materials to be used in construction, and
i.
A landscape plan showing the types of materials and their proposed
location for shielding the visibility of the satellite dish as required
by this Chapter.
D.
Expiration Or Revocation Of Permit.
1.
In the event a permit is issued, construction must be completed within
thirty (30) days from the date of issuance, unless the Building Commissioner
extends the time for completion in writing.
2.
If at any time after the permit is issued there should be any deviation
from the original plans and specifications, the Building Commissioner
shall order the stoppage of the work until the approval of any changes
is given in writing. Revised plans shall be submitted in ample time
to allow a certificate of approval before commencement of work on
that part being revised. In the event that approval or changes is
withheld, construction shall promptly proceed in accordance with the
original plans and permit or, in the alternative, construction shall
be abandoned and the partially erected satellite dish removed, restoring
the premises to the condition that it was in prior to the beginning
of construction.
E.
Appeals And Variances.
1.
In the event that a permit for a proposed satellite dish is denied
by the Building Commissioner, the applicant shall have the right to
appeal the denial to the Board of Adjustment in accordance with the
procedures for appeal of administrative decisions.
2.
An applicant may make an original application to the Board of Adjustment
for a variance from the requirements of this Section. In the sole
discretion of the Board, in light of unique circumstances, a variance
may be granted. However, a variance shall not be granted if based
merely upon the financial considerations of the applicant.
[R.O. 2009 §510.180; Ord. No. 182 §§401.0 — 403.0, 4-14-1975; Ord. No. 186 §§201.0 —
202.0, 9-10-1975; Ord.
No. 216 §3, 12-12-1977; Ord. No. 489 §1, 8-28-1996]
A.
Enforcement Official. It shall be the duty and responsibility
of the Enforcement Official and his/her delegated representative of
the City 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 Enforcement Official.
B.
Inspections.
1.
The Enforcement Official is authorized and directed to make inspections
to determine whether dwellings, dwelling units, accessory structures
and premises located within this City 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, accessory structures and premises.
The Enforcement Official is further authorized and directed to make
inspections on application of seller, purchaser, lessor or lessee
of all dwellings which are proposed for sale or lease to any person,
partnership or corporation.
2.
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, when the Enforcement Official has probable cause, a
search warrant to inspect and examine said premises for violation
of this Chapter.
3.
Inspections shall be initiated under the following circumstances:
a.
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.
b.
When, on the basis of a complaint or his/her personal observation,
the Enforcement Official reasonably suspects that a dwelling unit
has code violations and as such constitutes a health and/or safety
hazard.
4.
The Enforcement Official or his/her deputy shall make an inspection
within fourteen (14) days after receipt of application for an inspection
or receipt of complaint alleging a violation of one (1) or more provisions
of this Chapter.
C.
Access By Owner Or Manager. Every occupant of a structure
or premises shall give the owner or manager 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.
[R.O. 2009 §510.185; Ord. No. 489 §2, 8-28-1996; Ord. No. 533 §1, 12-9-1997; Ord. No. 815 §§1 — 2, 11-13-2006; Ord. No. 880 §1, 2-8-2010; Ord.
No. 885 §8, 6-14-2010; Ord. No. 886 §1, 6-14-2010]
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 it has been determined that the property complies in all respects
with the requirements of this Code and all required certificates of
compliance and occupancy permits have been issued by the Building
Commissioner. No certificate of compliance or occupancy permit shall
be issued until all violations of this Code shall have been corrected
and brought into compliance with this Code.
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
Chapter.
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.
Pre-Transfer Activity — Application For Certificate Required;
Certificate And Inspection Report Provided To Prospective Buyers.
1.
All owners or lessors of any property subject to the provisions of
this Chapter shall apply for inspection and a certificate of compliance
from the Building Commissioner within three (3) calendar days after
advertising or marketing the property, in any way, for the purpose
of selling, leasing, renting or otherwise transferring its ownership
or possession.[1]
[1]
Editor’s Note: The provisions of this Subsection were
ruled unconstitutional in Court Case No. 13SL-CC01290 St. Louis Association
of Realtors v. City of Pasadena Hills. The date of disposition of
this ruling was 4-1-2014.
2.
All real estate agents and brokers involved in the advertising or
marketing any property subject to the provisions of this Chapter shall
apply for inspection and a certificate of compliance from the Building
Commissioner within three (3) calendar days after entering into an
agreement with the owner of the property or otherwise advertising
or marketing the property, in any way, for the purpose of selling,
leasing, renting or otherwise transferring its ownership or possession.
3.
The obligations of the owner, lessor and real estate agent and broker
to make application for inspection and a certificate of compliance
shall be joint and several.
4.
After receiving such application, the Building Commissioner shall
cause the property to be inspected to determine its compliance with
the provisions of this Code. If the Building Commissioner determines
the property is in compliance, a certificate of compliance shall issue.
5.
If the Building Commissioner determines the property is in violation
of any Code provisions, the Building Commissioner shall issue an occupancy
inspection report which shall list all conditions which fail to satisfy
the requirements of this Code.
6.
All owners, lessors, real estate agents and brokers shall provide
a copy of the Building Commissioner's certificate of compliance or
the Building Commissioner's inspection report pertaining to the property
which is subject to transfer, to all prospective buyers. The obligations
of the owner, lessor and real estate agent and broker under this Subsection
shall be joint and several.
7.
In the event that any owner, lessor, real estate agent or broker
violates any provision of this Subsection, such violation shall be
punishable in accordance with this Code and subject to a minimum fine,
upon conviction, of two hundred fifty dollars ($250.00) and a maximum
fine of one thousand dollars ($1,000.00) or ninety (90) days in jail,
or both such fine and imprisonment.
E.
Transfer Of Ownership — Certificate Of Compliance Required.
1.
It shall be unlawful for the owner or lessor of any property within
the City to sell, lease, rent or otherwise transfer ownership or possession
of the property unless a certificate of compliance has been issued
by the Building Commissioner for such property.
Exception: If the property is subject to violations and a certificate of compliance and occupancy permit cannot be issued such sale, lease or transfer may occur only if the buyer or lessee has been provided with a copy of the Building Commissioner's inspection report at least twenty (20) days prior to closing or the date of the lease and such buyer or lessee has obtained a conditional occupancy permit from the City by entering into an agreement to correct the violations within a specific period of time and submitting a cash deposit to guarantee such repairs in accordance with Subsection (H) of this Section.
2.
It shall be unlawful for any real estate agent or broker to participate
in or facilitate the sale, lease, rental or transfer of ownership
or possession of property within the City unless a certificate of
compliance has been issued by the Building Commissioner for such property.
3.
The liability of the owner, lessor, real estate agent and broker
for violations of this Subsection are joint and several.
4.
A certification of compliance shall be valid for one hundred eighty
(180) days from the date of issuance unless revoked by the Building
Commissioner for good cause. In the event that an occupancy permit
is not issued within said one hundred eighty (180) days, said certificate
shall be null and void and a new application for inspection and certificate
must be made and an inspection occur before any certificate of occupancy
permit may be issued.
5.
This Section shall not apply to transfers of a structure or building
where there is a pending demolition permit and the transferee has
executed an agreement with the City guaranteeing timely and proper
demolition of the structure and has submitted a cash deposit guaranteeing
timely and proper demolition of the structure.
F.
Occupancy Permit Required.
1.
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 (occupancy permit)
has been issued by the Building Commissioner relative to such property.
The permit so issued shall state that the occupancy complies with
all of the provisions of this Code as far as can be determined by
an inspection of the premises and a review of the records.
2.
On proper application for an occupancy permit made by an owner, lessor,
transferee or agent thereof, the Building Commissioner shall inspect
the property and shall determine if it is in compliance with this
Code. If the property is found to be in compliance with this Code,
the Building Commissioner shall issue the occupancy permit. In the
case of residential rental property, it is the obligation of the owner/landlord
to secure an occupancy permit for the property lessee(s)/tenant(s).
The permit shall be held in both the names of the owner/landlord and
the lessee(s)/tenant(s).
3.
If the Building Commissioner determines that the property is in violation
of the requirements of this Code, no occupancy permit shall be issued.
However, the Building Commissioner shall issue an occupancy inspection
report which shall list all conditions which fail to satisfy the requirements
of this Code. No person shall occupy or allow occupancy of the property
until all conditions listed on the Building Commissioner's report
shall be corrected.
4.
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.
5.
Occupancy permits shall be issued for the following terms:
a.
Owner-occupied residential property. The term of
the occupancy permit for owner-occupied residential property shall
be indefinite and shall expire upon a change in the ownership or possession
of the property. In determining whether a "change in possession" has
occurred, the Code Official shall consider whether there has been
a change in the head of household. A "change in possession" may include
the transfer of possession between family members except in the case
of a transfer caused by divorce or marriage.
b.
Residential rental property. The term of the occupancy
permit for a residential rental unit shall be one (1) year from its
date of issuance.
6.
Renewal of permit for residential rental property.
a.
Each owner/landlord shall apply for renewal of each occupancy permit
issued for residential rental property at least thirty (30) days prior
to the expiration date of such permit.
b.
The procedures and fees for renewal of such permit shall be the same
as the procedures and fees for issuance of an original occupancy permit
and inspections related thereto.
c.
If violations are found by the City's inspection, no renewal shall
issue and the property shall be vacated upon expiration of the previous
occupancy permit unless such violations are corrected by the expiration
date.
7.
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.
8.
Whenever the owner or occupant of any property shall permit or suffer
any additional person to occupy the same, the Building Commissioner
shall be notified and the occupancy permit shall be amended accordingly,
provided that all other requirements of this Chapter 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 Chapter are satisfied.
9.
Any decision or order of the Building Commissioner in issuing or refusing to issue the Certificate of Occupancy (occupancy permit) or the occupancy inspection report as described in this Subsection (F) may be appealed to the Board of Adjustment in accordance with the procedures for appeal of administrative decisions.
G.
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.
H.
Conditional Permit.
1.
A conditional occupancy permit may be issued by the Building Commissioner
if, in the Commissioner's sole discretion:
a.
Any deficiency or non-compliance with this Code would not seriously
endanger the health or safety of the occupants or the community;
b.
The occupant has made to the City a sufficient cash deposit to ensure
completion of the work and connections and repairs of all conditions
in violation of City ordinance;
c.
The occupant has entered into an agreement setting forth deadlines
for the work to be done, the expiration date of the temporary occupancy
permit, and the conditions upon which the City may utilize the cash
deposit to perform the work to connect and repair defects; and
d.
The occupant has already submitted all applications and plans to
the City and has obtained building permits, approvals of the Historic
Preservation Commission, and all other required governmental approvals
from the City for the work.
2.
No conditional occupancy permit shall be issued for a period exceeding
one hundred twenty (120) days. However, a conditional occupancy permit
may be extended only once for a period not to exceed sixty (60) days
if the Building Commissioner finds that:
a.
Any deficiency or non-compliance with this Chapter 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 the Municipal Code; and
c.
All required corrections can be made within the time granted for
the extension.
3.
All required work to correct and repair the violations shall be completed
prior to the expiration of the conditional occupancy permit. Immediately
following the completion of the work, the occupant shall contact the
City for an inspection of the work and the property.
4.
Upon the expiration or revocation of the conditional occupancy permit,
the property shall be vacated. No person shall be allowed to reside
or occupy the property; however, work to correct and repair deficiencies
and violations may be completed at the property only during the hours
of 8:00 A.M. and 7:00 P.M.
5.
The amount of the cash deposit shall be, at a minimum, twenty-five
percent (25%) of the estimated cost of all work required or one thousand
five hundred dollars ($1,500.00) whichever is more; amounts above
this minimum may be required if a higher amount is necessary to ensure
the occupant's compliance with the Municipal Code and/or be sufficient
to ensure that at least a portion of the violations can be corrected
or repaired by the City. The agreement between the City and the occupant
shall be in the form approved by the City and must also be signed
by the owner of the property (if different from the occupant). The
City may require submission of contracts and other documents pertaining
to the work.
6.
The cash deposit shall be deposited by the City in a manner such
that the deposit will be separately accounted for apart from other
City funds. The City shall document the use, replacement, or release
of such funds, as deposited by each occupant, according to generally
accepted accounting principles. Occupant shall not receive any interest
on the funds deposited.
7.
Release of cash deposit — when.
a.
The cash deposit shall only be released or utilized by the City in
accordance with the terms with the agreement and this Section.
b.
Upon final inspection by the City and satisfactory completion of
all required work by the occupant, the deposit shall be released to
the occupant. Provided, however, if the Building Commissioner determines
that the work has been timely and is substantially complete, the Building
Commissioner may release up to ninety percent (90%) of the cash deposit
to the occupant to pay contractors and third parties for the remainder
of the work. The remaining ten percent (10%) shall be held until all
work is completed.
c.
In the event that the work is not timely completed or in the event
that the work is defective or non-compliant with City ordinance, the
City may use an occupant's deposited funds for expenses incurred to
perform abatement, complete the work or otherwise ensure compliance
with all applicable codes and requirements. If the City so utilizes
such funds, the occupant shall be obligated to deposit a sum equal
to the amount so used so as to maintain full funding of the required
deposit.
8.
Appeal.
a.
Any occupant aggrieved by a decision of the Building Commissioner
in the administration of this Section may file a written appeal to
the Mayor within ten (10) days of the decision appealed from. The
Mayor shall make a written determination of the appeal within ten
(10) business days of the occupant's appeal, unless circumstances
prevent a timely determination, in which case the determination shall
be made as soon as reasonably possible.
b.
In the event the occupant believes that the Mayor improperly denied
such an appeal, the occupant may file a written appeal to the Board
of Aldermen within five (5) days of the date of the Mayor's decision.
9.
If the occupant fails to comply with an obligation of this Section,
the City shall withhold or withdraw any other permits or approvals
pertaining to the occupant or the property until such non-compliance
is cured.
10.
The City may pursue any other available remedy in order to enforce
its Ordinance. Nothing herein shall be construed to limit the authority
of the City to pursue equitable or legal remedies, abatement or other
remedy available to the City.
I.
Correction Required.
1.
If there are violations of this Chapter 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 Chapter 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
Chapter 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.
J.
Misrepresentations Prohibited — Notice Of Occupancy Limits.
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.
4.
Any residential structure offered or available for sale, lease or
transfer shall display a statement provided by the Building Department
indicating the date of the most recent inspection of the structure,
the results of that inspection, and information as to the maximum
number of persons that the structure will lawfully accommodate as
determined by the most recent inspection. The required statement is
to be affixed to the structure in proximity to the main entrance and
in a manner reasonably calculated to come to the attention of persons
entering same. It shall be unlawful to offer any residential structure
for sale, lease or transfer unless the statement required by this
Subsection shall be displayed as set forth herein.
K.
Fees. Fees for occupancy permits, certificates of inspection
or other inspection and permitting services associated with this Section
shall be as follows:
1.
A fee of sixty dollars ($60.00) shall be paid for an initial inspection
and one (1) reinspection in association with issuance of a certificate
of compliance or occupancy inspection report.
2.
A fee of sixty dollars ($60.00) shall be paid for each additional
inspection associated with issuance of a certificate of compliance
conducted within one hundred eighty (180) days after an original occupancy
inspection report.
3.
A fee of twenty dollars ($20.00) shall be paid for issuance of each
occupancy permit or conditional occupancy permit.
L.
Suspension And Revocation.
1.
Any permit issued shall become invalid if the occupancy is not commenced
within six (6) months after issuance of the permit or if the occupancy
is terminated.
2.
An occupancy permit may be revoked upon proper notice and an opportunity
for the owner to be heard, in the case of any false statement or misrepresentation
of facts in the application on which a permit was based, or in the
case of housing and/or Building code violations which constitute a
danger to the occupants of the property.
[R.O. 2009 §510.190; Ord. No. 182 §420.0, 4-14-1975; Ord. No. 574 §1, 7-13-1999]
A.
Contents. Whenever the Enforcement Official or his/her delegated
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.
Appeal procedures shall be specified.
B.
Service/Delivery. 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.
[R.O. 2009 §510.200; Ord. No. 182 §430.1, 4-14-1975; Ord. No. 574 §2, 7-13-1999]
A.
Remedy Of Defects. The owner of any building shall have a reasonable time, which shall be determined by the Enforcement Official or his/her delegated representative, and which shall not exceed thirty (30) days from the issuance of the notice provided for in Section 510.190 (Non-Compliance with Chapter — Notice to be Given) in which to remedy the condition therein specified, except when emergency conditions shall require immediate action, provided however, that the Enforcement Official may, as his/her discretion, extend the time for compliance with any such notice.
B.
Reinspecting. At the time when the defects have allegedly
been brought into compliance, the Enforcement Official shall reinspect
the dwelling, dwelling 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.
[Ord. No. 574 §4, 7-13-1999]
The owner may appeal any decision of the Enforcement Official
by requesting a hearing before the Board of Adjustment, sitting as
a Board of Appeals, by submitting a written petition to the City Clerk
requesting such hearing and containing a statement of the grounds
therefore within five (5) days after notice by the Enforcement Official.
At that hearing, any party may be represented by counsel, and all
parties shall have an opportunity to be heard. After the hearing,
if the evidence supports a finding that the building or structure
is a nuisance or detrimental to the health, safety or welfare of the
residents of the City of Pasadena Hills, the Board of Adjustment shall
issue an order making specific findings of fact, based upon competent
and substantial evidence, which shows the building, structure or property
to be a nuisance and detrimental to the health, safety or welfare
of the residents of the City of Pasadena Hills and ordering the building,
structure or property to be demolished and removed, repaired or otherwise
brought into compliance. If the evidence does not support a finding
that the building, structure or property is a nuisance or detrimental
to the health, safety or welfare of the residents of the City of Pasadena
Hills, no order shall be issued. Notice of any post-hearing orders
shall be given in the same manner as notice of the declaration of
a nuisance.
[Ord. No. 574 §5, 7-13-1999]
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 Pasadena Hills to institute an appropriate action or proceeding
at law or in equity against the person(s) responsible for the failure
to comply to seek such remedy as may be appropriate including, but
not limited to, any one (1) or more of the following:
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; and/or
5.
To enforce the penalty provisions of this Chapter.
B.
Penalty For Violations. Any person who shall violate any
provision of this Chapter shall, upon conviction thereof, be subject
to a fine of not more than five hundred dollars ($500.00) or by imprisonment
in the County Jail for not more than thirty (30) days at the discretion
of the court, or by both such fine and imprisonment. Every day the
violation continues after due notice has been served, in accordance
with the terms and provisions hereof, shall be deemed a separate offense.
[R.O. 2009 §510.210; Ord. No. 182 §§460.0 — 462.0, 4-14-1975; Ord. No. 574 §3, 7-13-1999]
A.
Applicability. Every window, glazed exterior door, exterior
transom or exterior side light 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 replace the broken glass. This notice shall be given in the manner required by Section 510.190 (Non-Compliance with Chapter — Notice to be Given).
