City of Ironton, MO Occupancy Permits

This Chapter shall be referred to as the "Occupancy Permit Ordinance" of the City of Ironton, Missouri. The terms of this Chapter shall become effective and enforceable on and after July 1, 2014.

Section 520.020 Definitions.

[Ord. No. 604 §2, 1-13-2014]

Relevant terms within this Chapter shall be defined as set out in Subsection (B) of this Section.

General. Whenever the words "dwelling," "dwelling unit," or "premises" are used in this Chapter, they shall be construed as though they were followed by the words "or any part thereof."

BASEMENT

A portion of a building located partly or wholly underground, contained by the building foundation, and having a concrete floor.

BUILDING INSPECTOR

The person or persons so lawfully appointed by the City of Ironton.

CELLAR

A portion of a building located partly or wholly underground, but not contained by the building foundation and/or not having a concrete floor.

DWELLING

Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants; provided that temporary housing shall not be regarded as a dwelling.

DWELLING UNIT

Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.

EXTERMINATION

The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poisoning, spraying, fumigating, or trapping; or by any other recognized legal pest control methods.

GARBAGE

The animal and vegetable waste resulting from the handling, transportation, preparation, cooking and consumption of food.

HABITABLE ROOM

A room of enclosed floor space used or intended to be used by human occupants for living, sleeping, cooking or eating purposes; provided, however, that "habitable room" shall not include a bathroom, water-closet compartments, laundries, pantries, foyers or communicating corridors, closets, storage spaces or basement rooms used only for recreational purposes.

INFESTATION

The presence, within or around a dwelling, of any insects, rodents or other pests.

MULTIPLE DWELLING

Any dwelling containing more than two (2) dwelling units.

OCCUPANT

Any person over one (1) year of age living, sleeping, cooking or eating in, or having actual possession of, a dwelling or dwelling unit.

OPERATOR

Any person who has charge, care or control of a building or premises, or part thereof, in which dwellings or dwelling units are let.

ORDINARY MINIMUM WINTER CONDITIONS

The temperature fifteen degrees Fahrenheit (15° F.) above the lowest recorded temperature for the previous ten-year period.

OWNER

A person who, either alone or jointly and severally with others, shall:

Have legal title to any dwelling or dwelling unit with or without accompanying actual possession thereof;

Have charge, care or control of any dwelling or dwelling unit as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, or guardian of the estate or trust of the owner. Any such person representing the owner shall be bound to comply with the provisions of this Chapter and of rules and regulations adopted pursuant thereto, to the same extent as if he or she were the owner.

In the event the owner of any such dwelling or dwelling unit is:

A corporation, then the president of said corporation shall be deemed an owner and, therefore, personally obligated to ensure that all provisions contained within this Chapter are complied with;

A limited liability company, then the managing member, or all members if a managing member has not been so designated pursuant to an appropriate provision contained within the limited liability company's Articles of Organization or by resolution, shall be deemed an owner and, therefore, personally obligated to ensure that all provisions contained within this Chapter are complied with;

A partnership, then the managing partner, or all partners if a partnership agreement or resolution has not been executed designating the managing partner, shall be deemed an owner and, therefore, personally obligated to ensure that all provisions contained within this Chapter are complied with;

A trust, whether revocable or irrevocable, the trustee, trustees or successor trustee then having the duty and responsibility of controlling the trust assets shall be deemed an owner and, therefore, personally obligated to ensure that all provisions contained within this Chapter are complied with; or

An estate, whether a decedent's estate or a guardian and conservatorship estate, then the personal representative, executor, executrix, administrator or administratrix of a decedent's estate and the guardian or conservator of the guardian and conservatorship estate shall be deemed an owner and, therefore, personally obligated to ensure that all provisions contained within this Chapter are complied with.

PLUMBING

All of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, showers, installed clothes-washing machines, catch basins, drains, vents and other similar supplied fixtures, together with all connections to water, sewer and gas lines.

REFUSE

Combustible and noncombustible waste materials, except garbage. The term shall include the residue from the burning of wood, coal, coke and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, tree branches, yard trimmings, tin and aluminum cans, metals, mineral matter, glass, crockery and dust.

REMODEL

Removal and/or addition of one (1) or more exterior and/or interior walls of a dwelling or dwelling unit.

SUPPLIED

Paid for, furnished or provided by or under the control of the owner or operator.

TEMPORARY HOUSING

Any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utilities system on the same premises for more than thirty (30) consecutive days.

Section 520.030 Application.

[Ord. No. 604 §3, 1-13-2014]

Occupancy And Inspection. This Chapter shall be applicable to all dwellings, dwelling units, premises, or any parts thereof now in existence or hereafter constructed within or incorporated into the City. The construction of new dwellings or dwelling units and the remodeling of existing dwellings or dwelling units in the City shall comply with the provisions of this Chapter and with provisions of all other applicable codes and ordinances of the City. No owner shall occupy or let to any other occupant any vacant dwelling or dwelling unit unless it is clean, sanitary and fit for human occupancy and unless it complies with all provisions of this Chapter and a fee as set forth in Section 155.010 of this Code has been paid for inspection. For each reinspection, an additional fee as set forth in Section 155.010 of this Code shall be paid. The City Building Inspector shall ensure that before a building permit is issued for a new dwelling or a major remodeling of an existing dwelling or dwelling unit and during the construction of such new dwelling or dwelling unit or remodeling, that all plans and construction comply with this Chapter and other applicable City ordinances.

Inspection Report. The Building Inspector shall utilize the attached form, marked "Exhibit A" and incorporated herein by reference,[1] when conducting all inspections or reinspections. Said form may be amended or updated from time to time with prior approval of the Board of Aldermen.

[1]

Editor's Note: Exhibit A is on file in the City offices.

Section 520.040 Occupancy Permit.

[Ord. No. 604 §4, 1-13-2014]

Application.

Prior to any person occupying a dwelling or dwelling unit, or any owner or agent thereof permitting the occupation of same, application by the owner or his or her agent shall be made to the City Collector, or other City employee so designated by the City, for the issuance of an occupancy permit. Rental property owners may apply for an occupancy permit within ten (10) days before an anticipated occupancy change.

Said application shall be on a form provided by the City Collector and shall include the following minimum information:

The name, address and phone number of the owner of the premises and his or her agent if so represented;

The name of the head of the household of the occupants; and

The address of the dwelling, dwelling unit or premises.

All applications shall be signed by the owner, or his or her designated agent, and submitted to the City Collector's office, accompanied by the occupancy permit fee. It shall be unlawful for any person to knowingly make any false statement in his or her application for an occupancy permit.

Inspection. The City Collector shall not issue an occupancy permit until the premises have been inspected by the Building Inspector and he or she has certified that said premises meet the standards set forth in this Chapter.

No Inspection. Premises presently occupied by the owner, being leased, or rented, shall not require an occupancy permit until such time as there is a change in the present occupant.

Vacancy. Rental property, which becomes vacant and reoccupied within twelve (12) months of inspection, will not be reinspected.

Fee. An initial inspection fee as set forth in Section 155.010 of this Code shall be submitted with each occupancy permit application. If a reinspection becomes necessary, before the initial issuance of an occupancy permit, then an additional fee as set forth in Section 155.010 of this Code shall be paid for each such reinspection.

Time Of Inspection Or Reinspection. The initial inspection shall be completed within five (5) business days after an occupancy permit application and fee is tendered to the City Collector. Each reinspection shall be completed within five (5) business days of the applicant's notification to the City Collector that all corrections necessary have been completed and payment of the reinspection fee is tendered to the City Collector.

Revocation Of Occupancy Permit. If an occupancy permit is issued for a dwelling or dwelling unit with minor defects, the defects must be resolved within thirty (30) days. If the defects remain unresolved, the occupancy permit shall be revoked. The dwelling or dwelling unit shall be vacated until the defects are resolved, the dwelling or dwelling unit has been reinspected, and a new occupancy permit has been issued.

Continuing Duty To Comply With Ordinances. After an occupancy permit has been issued, the owner shall have the continuing duty to ensure that the building, dwelling, dwelling unit or premises remains in compliance with this Chapter.

Section 520.050 Minimum Standards for Basic Equipment and Facilities.

[Ord. No. 604 §5, 1-13-2014]

Compliance With Section. No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein, which does not comply with the requirements of this Section.

Kitchen Sink. Every dwelling or dwelling unit shall contain a kitchen sink in good working condition and properly connected to the public water system and to the public sewer system; provided that until such sewer connections are available, septic tanks constructed according to the standards required by the State and properly functioning, shall not be construed as in violation of this Section.

Toilet Facilities Required. Every dwelling or dwelling unit shall contain a room which affords privacy to a person within the room and which is equipped with a flush water closet and lavatory basin in good working condition and properly connected to the public water system and to the public sewer system; provided that until such sewer connections are available, septic tanks constructed according to the standards required by the State and properly functioning, shall not be construed as in violation of this Section.

Bathroom Or Showers Required. Every dwelling or dwelling unit shall contain, within a room which affords privacy to a person within such room, a bathtub or shower in good working condition and properly connected to the public water system and to the public sewer system; provided that until such sewer connections are available, septic tanks constructed according to the standards required by the State and properly functioning, shall not be construed as in violation of this Section.

Sharing Of Bath And Toilet Facilities. The occupants of not more than two (2) dwelling units may share a single bath or toilet facility if:

Neither of the two (2) dwelling units contains more than two (2) rooms; provided, that for the purposes of this Section, a kitchenette or efficiency kitchen with not more than sixty (60) square feet of floor area shall not be counted as a room;

The habitable area of such dwelling units shall equal not more than two hundred fifty (250) square feet of floor area;

Such water closet, lavatory basin, and bathtub or shower is located so that the occupants of neither dwelling unit are required to pass through any room of the other dwelling unit to reach the facilities;

Such water closet, lavatory basin and bathtub and/or shower shall be in good working condition and properly connected to the public water system and to the public sewer system; provided that until such sewer connections are available, septic tanks constructed according to the standards required by the State and properly functioning, shall not be construed as in violation of this Section;

Such dwelling units are in the same building, arranged so that the occupants of neither unit are required to go outdoors to reach the facilities; and

Every lavatory basin and bathtub and/or shower required under the provisions of Subsection (E)(1), (2), (3), and (4) of this Section shall be properly connected with supplied water-heating facilities, which are properly installed and maintained in safe and good working condition, and are capable of heating water to such temperature as to permit an adequate amount of hot water to be drawn at every required lavatory and bathtub and/or shower, even when the heating facilities required by this Chapter are not in operation.

Water-Heating Facilities. Every dwelling or dwelling unit shall be supplied with water heating facilities which are properly installed, are maintained in a safe and good working condition, are properly connected with the hot water lines and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub and/or shower at a temperature of not less than one hundred twenty degrees Fahrenheit (120° F.). The water heater shall be supplied with a temperature/pressure relief valve and a three-quarter-inch drip leg pipe. Such supplied water heater facilities shall be capable of meeting the requirements of this Section when the dwelling or dwelling unit heater facilities required under the provisions of Section 520.060(H) are not in operation.

Connection Of Sinks, Basins, Etc. With Hot And Cold Water Lines. Every kitchen sink, lavatory basin and bathtub or shower required under the provisions of this Section shall be properly connected with both hot and cold water lines.

Means Of Egress. Every dwelling or dwelling unit shall have one safe, unobstructed means of egress leading to a safe and open space at ground level which is accessible to a public street or alley as required by the laws of this State and this City.

Garbage Disposal Or Storage Facilities. Every dwelling or dwelling unit shall have adequate garbage disposal facilities or garbage storage containers, the type and location of which are approved by the City Building Inspector.

Refuse Storage Facilities. Every dwelling or dwelling unit shall be supplied with adequate refuse storage facilities, the type and location of which are approved by the City Building Inspector.

Smoke/Fire Detector. Every dwelling or dwelling unit shall contain at least two (2) smoke/fire detectors in operating condition for each floor of living area. Where possible, smoke/fire detectors shall be located on the ceiling or wall, in the immediate vicinity of bedrooms.

Gas Appliances. Every gas appliance shall have its own gas shutoff valve, which is properly installed, and maintained in a safe and good working condition.

Section 520.060 Minimum Standards for Light, Ventilation and Heating.

[Ord. No. 604 §6, 1-13-2014]

Ventilation Generally. Every habitable room shall have at least one (1) window or skylight which can easily be opened or such other device as will adequately ventilate the room.

Windows Or Skylight Facing Outdoors. Every habitable room shall have at least one (1) window or skylight facing directly to the outdoors.

Screening Of Windows, Doors, Etc. During the period from April 1 to October 31, every door opening directly from a dwelling unit to outdoor space, used or intended to be used for ventilation, shall have supplied screens and a self-closing device. Every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall have supplied screens. Screens shall not be less than sixteen (16) mesh per inch.

Prevention Of Entry Of Rodents Through Ventilation Openings Into Basements Or Cellars. Every basement or cellar window, used or intended to be used for ventilation, and every other opening to a basement or cellar which might provide an entry for rodents, shall be supplied with a screen or such other device as will effectively prevent their entrance.

Light And Ventilation Requirement For Bathrooms And Water Closet Compartments. Every bathroom and water closet compartment in new dwellings or dwelling units, and every remodeled bathroom and water closet shall comply with the light and ventilation requirements for habitable rooms contained in this Chapter, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with ventilation and approved by the City Building Inspector. Ventilated bathrooms and water closets shall be vented to the outside of the building.

Lighting Of Public Halls And Stairway. Every public hall and stairway in every multiple dwelling containing five (5) or more dwelling units shall be adequately lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four (4) dwelling units may be supplied with conveniently located light switches controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting.

Heating Facilities. Every dwelling and dwelling unit shall have heating facilities which are installed in an approved manner, are maintained in safe and good working condition, and are capable of safely and adequately heating all habitable rooms, bathroom and toilet rooms located therein to a temperature of at least seventy degrees Fahrenheit (70° F.), at a distance three (3) feet above floor level, under ordinary minimum winter conditions.

Section 520.070 Minimum Standards for Electricity.

[Ord. No. 604 §7, 1-13-2014]

Electric Service. Every dwelling or dwelling unit shall be supplied with electricity. Minimum electrical service shall be sixty-ampere two-wire. The fuse/circuit breaker panel shall be properly installed, shall be maintained in good and safe working condition, and all fuses/circuit breakers shall be properly labeled to designate which section(s) of the dwelling they provide service to. Every habitable room of any existing dwelling shall contain at least two (2) separate wall-type electric convenience outlets or one (1) such wall-type convenience outlet and one (1) ceiling electric light fixture. Every toilet room, bathroom, laundry room, furnace room, and public hall shall contain at least one (1) ceiling or wall type electric light fixture. Every such 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. There shall be no uninsulated and/or exposed electric wires.

Remodeled Dwellings. When a dwelling or dwelling unit is remodeled, minimum electrical service is to be three-wire for the newly remodeled portion of the dwelling and all new electrical wiring. Remodeled bathrooms and kitchens shall be supplied with ground fault circuit interrupters (GFCI).

New Dwellings. All new dwellings must be two-hundred-ampere, three-wire, and must have an outside shutoff main. Bathrooms and kitchens in new dwellings shall be supplied with ground fault circuit interrupters (GFCI).

Ground Fault Circuit Interrupter (GFCI) Placement In Remodeled And New Dwellings. In bathrooms and water closets, all receptacles shall have GFCI protection. In kitchens, all receptacles that serve countertop surfaces and all receptacles that are installed within six (6) feet of the outside edge of the sink shall have GFCI protection. (Per NEC 210.8)

Section 520.080 General Requirements for Construction and Maintenance.

[Ord. No. 604 §8, 1-13-2014]

Exterior Walls And Roof. Every foundation, floor, wall, ceiling and roof shall be reasonably watertight, weathertight, and rodentproof, and shall be kept in sound condition and good repair; provided that all wood composition and metal siding shall be surface-coated as required to prevent deterioration.

Interior Walls And Ceilings. Every floor, interior wall, and ceiling shall be kept in sound condition and good repair, and constructed of a building material recognized for that purpose.

Lead-Based Paint. All exterior and interior surfaces, previously surface-coated with lead-based paint, shall be surface-coated with latex paint or otherwise covered with wall paper or wall paneling. Any flaking or peeling paint shall be removed and the surface recoated with latex paint or otherwise covered with wallpaper or wall paneling.

Windows And Doors. Every window, exterior door and basement door or hatchway shall be reasonably weathertight, watertight and rodentproof, and shall be kept in sound working condition and good repair.

Stairs And Porches. Every inside and outside stair, every porch, patio, deck, and/or balcony and every appurtenance thereto, shall be capable of supporting the load that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair. Structurally sound handrails shall be provided on any steps containing four (4) risers or more. Porches, patios, decks, and/or balconies located more than thirty (30) inches higher than the adjacent area shall have structurally sound protective guards or hand rails.

Plumbing, Fixtures, And Pipes. Every plumbing fixture and water and waste pipe shall be properly installed and in good sanitary working condition, free of leaks and obstruction.

Bathroom And Floor Surfaces. Every toilet room floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. In the event these areas are covered by carpet, evidence of properly constructed and maintained subfloor must be provided.

Driveways And Parking. No owner or occupant shall construct, enlarge, extend or otherwise increase the area of any driveway or parking area with materials other than asphalt, concrete, or gravel.

Supplied Facilities, Equipment And Utilities. Every supplied facility, piece of equipment, or utility shall be so constructed and installed that it will function safely, effectively and shall be maintained in satisfactory working condition.

Discontinuance, Removal, Or Suspension Of Required Facilities, Services Or Utilities Prohibited; Exception. No owner, operator, or occupant shall cause any service, facility, equipment or utility, which is required under this Section, to be removed from or shut off from or discontinued for any occupied dwelling or dwelling unit let or occupied by him or her, except for such repairs or alterations as are in process, or during temporary emergencies when discontinuance of service is approved by the City Building Inspector.

Occupying Or Leasing Of Unsanitary Dwelling Prohibited. No owner shall occupy or let to any other occupant any vacant dwelling unit unless it is clean, sanitary and fit for human occupancy.

Improper Discharge Into Public Sewer.

No person shall make connection of roof downspouts, interior and exterior foundation drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. (Per Ironton City Code, Section 705.150)

No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. (Per Ironton City Code, Section 705.170)

Sump pumps and air conditioners/heat pumps shall not discharge water directly or indirectly to a public sanitary sewer.

Section 520.090 Minimum Space, Use and Location Requirements.

[Ord. No. 604 §9, 1-13-2014]

Floor Space Requirements, Generally. Every dwelling or dwelling unit shall contain at least one hundred fifty (150) square feet of floor space for the first occupant thereof and at least one hundred (100) additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area.

Floor Space For Bedrooms. In every dwelling or dwelling unit of two (2) or more rooms, every room occupied for sleeping purposes by one (1) occupant shall contain at least seventy (70) square feet of floor space, and every room occupied for sleeping purposes by more than one (1) occupant shall contain at least fifty (50) square feet of floor space for each occupant thereof.

Access To Bedrooms And Bathrooms. In all new dwellings and dwelling units, no such dwelling or dwelling unit containing two (2) or more sleeping rooms shall have such room arrangement that access to a bathroom or water closet compartment intended for use by occupants of more than one (1) sleeping room can be had only by going through another sleeping room; nor shall room arrangement be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment.

Cellar Space Not To Be Used As Habitable Room. No cellar space shall be used as a habitable room or dwelling unit.

Use Of Basement Space For Habitable Room. No basement space shall be used as a habitable room or dwelling unit unless:

The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness;

In all new dwellings and dwelling units, every habitable room shall have at least one (1) window or skylight facing directly to the outdoors; and

Such required window area, in all new dwellings and dwelling units, is located entirely above the grade of the ground adjoining such window area.

Section 520.100 Responsibilities of Owners and Occupants.

[Ord. No. 604 §10, 1-13-2014]

Litter, Trash And Junk Prohibited. Every occupant of a dwelling containing a single dwelling unit shall be responsible to keep the premises free of litter, trash, salvage materials, junk, and unless stored properly, building materials. The occupant shall keep such premises reasonably free of breeding, harboring and feeding places for rodents and insects and shall maintain such premises free of weed nuisance.

Shared Public Areas. Every owner of a dwelling containing two (2) or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof. The owner shall keep the shared or public areas of the premises free of litter, trash, salvage materials, junk, and unless stored properly, building materials. The owner shall keep such premises reasonably free of breeding, harboring and feeding places for rodents and insects and shall maintain such premises free of weed nuisance.

Disposal Of Garbage. Every occupant of a dwelling or dwelling unit shall dispose of his or her garbage and any other organic waste which might provide food for rodents, in a clean and sanitary manner by placing it in the garbage disposal facilities or garbage storage containers required by Section 520.050(I). It shall be the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing more than four (4) dwelling units and for all dwelling units located on premises where more than four (4) dwelling units share the same premises. In all other cases, it shall be the responsibility of the occupant to furnish such facilities or containers.

Disposal Of Refuse. Every occupant of a dwelling or dwelling unit shall dispose of all his or her refuse in a clean and sanitary manner by placing it in the refuse containers required by Section 520.050(J).

Extermination Of Insects And Rodents. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises. Every occupant of a dwelling unit in a dwelling containing more than one (1) dwelling unit shall be responsible for such extermination whenever the dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this Section, whenever infestation is caused by failure of the owner to maintain a dwelling in a rodentproof or reasonably insectproof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two (2) or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two (2) or more dwelling units, extermination thereof shall be the responsibility of the owner.

Plumbing Fixtures. Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of responsible care in the proper use and operations thereof.

Screens And Storm Doors. Every owner of a dwelling or dwelling unit shall be responsible for providing all screens and double or storm doors and windows whenever the same are required under the provisions of this Chapter or of any rule or regulation adopted pursuant thereto. Every occupant of a dwelling or dwelling unit shall be responsible for hanging all screens and double or storm doors and windows whenever the same are required under the provisions of this Chapter or of any rule or regulation adopted pursuant thereto, except where the owner has agreed to supply such service.

Section 520.110 Enforcement.

[Ord. No. 604 §11, 1-13-2014]

Notice. Whenever the City Building Inspector determines that there has been a violation of any provision of this Chapter, except as has been provided for in Section 520.040(G), he or she shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall:

Be in writing;

Particularize the violation alleged to exist or to have been committed;

Allow a reasonable time for the correction of the violation particularized;

Be addressed to and served upon the owner of the property and/or the operator of the dwelling or dwelling unit, or the occupant of the dwelling or dwelling unit concerned. Such notice shall be deemed to be properly served upon such owner, operator, or occupant if a copy thereof is served upon him or her personally or if a copy thereof is sent by certified mail to his or her last known address. If the notice cannot be served by the aforesaid, service of the notice may be made upon such person or persons by posting the notice in a conspicuous place on or about the dwelling affected by the notice in which event the City Building Inspector shall make a statement for inclusion in the record as to why such posting was necessary; and

State that occupancy will not be permitted, or will be revoked, unless the alleged violation is corrected.

Posting. In addition to giving notice of alleged violations, as herein provided, the City Building Inspector may appropriately placard such dwellings or dwelling units that have been determined to be in violation of any provisions of this Chapter. The placard shall include, but not be limited to, a statement that the dwelling or dwelling unit is in violation of the provisions of the Minimum Standards for Dwellings of the City of Ironton, Missouri. The City Building Inspector shall remove such placard whenever the violations particularized in the notice have been corrected. No unauthorized person shall deface, remove or obscure any placard affixed under the provisions of this Subsection. If the dwelling or dwelling unit is vacant at the time of placarding, it shall not be used for human habitation until the violations particularized in the notice have been corrected and written approval secured from, and the placard removed by, the City Building Inspector.

Emergency Order. Whenever the City Building Inspector or his or her designated representative finds that an emergency exists which requires immediate action to protect the public health, safety or welfare, he or she may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she deems necessary to meet the emergency. Notwithstanding the other provisions of this Chapter, such order shall be effective immediately, and any person to whom such order is directed shall comply therewith immediately.

Variance. A property owner may request a variance by the Board of Aldermen from the literal provisions of this Chapter in instances where strict enforcement would cause undue hardship due to circumstances unique to the individual property under consideration. The property owner shall file in the office of the City Clerk a written petition requesting such variance and setting forth a brief statement of the grounds therefor, within ten (10) days after the notice was served. Upon receipt of such petition, the Board of Aldermen shall set a time and place for a meeting and shall give the petitioner notice that he or she shall be given an opportunity to be heard and to show why such variance should be granted. The Board of Aldermen will only grant variances when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of this Chapter. The Board of Aldermen may impose conditions in the granting of a variance to ensure compliance with this Chapter. Variances, granted by the Board of Aldermen, will perpetuate with the property, and remain in effect should the property be transferred to a different owner.

Variance Prior To Inspection Or Notice. Whenever a property owner is aware that his or her dwelling or dwelling unit may, if inspected and prior to the issuance of a notice of violation or inspection by the Building Inspector, request a variance from the literal provisions of this Chapter in instances where strict enforcement would cause undue hardship due to circumstances unique to the individual property under consideration. The property owner shall file in the office of the City Clerk a written petition requesting said variance and setting forth a brief statement of the grounds therefor. Upon receipt of such petition, the Board of Aldermen shall set a time and place for a meeting and shall give the petitioner notice that he or she shall be given an opportunity to be heard and show cause why such variance should be granted. Said hearing shall be conducted within a reasonable time of the date of the filing of the petition but not later than thirty (30) days after the date said petition has been filed with the City Clerk. The Board of Aldermen will only grant variances when it is demonstrated that such action will be keeping with the spirit and intent of the provisions of this Chapter. The Board of Aldermen may impose conditions in the granting of a variance to ensure compliance with this Chapter.

Hearing.

Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this Chapter, except as has been provided for in Section 520.040(G), who is aggrieved thereby, and who believes the same to be contrary to the policies or regulations of this Chapter, may request and shall be granted a hearing, before the Board of Aldermen, provided that such person shall file in the office of the City Clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor, within the ten (10) days after the notice was served. Upon receipt of such petition, the Board of Aldermen shall set a time and place for such hearing and shall give the petitioner notice that he or she shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.

After such hearing, the Board of Aldermen may sustain, modify or withdraw the notice, depending upon its finding as to whether the provisions of this Chapter have been complied with. If the Board of Aldermen sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this Chapter shall become an order if a written petition for a hearing is not filed in the office of the City Clerk within ten (10) days after such notice is served.

The proceedings at such hearing before the Board of Aldermen shall be recorded and the findings and decision of the Board of Aldermen shall be reduced to writing, and entered as a matter of public record in the office of the City Clerk. Such record shall also include a copy of every notice of order issued in connection with the matter.

Revocation Of Permit. When, after a hearing in the case of any notice suspending any permit required by this Chapter and such notice has been sustained by the Board of Aldermen, the permit shall be deemed to have been revoked. Any such occupancy permit which has been suspended by notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the City Clerk within ten (10) days after such notice is served.

Penalty. Any property owner who allows a dwelling or dwelling unit to be occupied without an occupancy permit issued by the Building Inspector, or any person failing to comply with an order of the Board of Aldermen shall be guilty of an ordinance violation and, upon conviction of such, shall be fined not exceeding three hundred dollars ($300.00) for each offense and each and every day of such allowance or failure to comply shall be deemed a separate offense.

Right To Appeal. Any owner, occupant, lessee, mortgagee, agent or any other person(s) having an interest in an inspected property as shown by the land records of the Recorder of Deeds of Iron County may appeal such decisions to the Circuit Court of Iron County as provided for in Sections 536.100 to 536.140, RSMo., if a proper record as defined in Section 536.130, RSMo., is maintained of the hearing provided for in Subsections (C), (D), (E) or (F) hereof. Otherwise, the appeal shall be made pursuant to the procedures provided for in Section 536.150, RSMo.

Section 520.120 Effect of Conflict of Regulations.

[Ord. No. 604 §11, 1-13-2014]

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 regulation or code of the City, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this Chapter is found to be in conflict with a protection of any other regulation or code of the City which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this Chapter shall be deemed to prevail, and such other regulations or codes are hereby declared to be repealed to the extent that they may be found in conflict with this Chapter.