Editor's Note — Ord. no. 1151 §1, adopted April 18, 2007, repealed this chapter 525 and enacted the new provisions set out herein. Former ch. 525 derived from ord. no. 884 §§1 — 7, 5-18-2005.
ATTACHMENTS
Attachment 1 - Exhibit A
[Ord. No. 1151 §1, 4-18-2007]
For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
DIRECTOR
The City Administrator or the City Administrator's designee.
DWELLING UNIT
A single unit providing complete, independent living facilities for one (1) or more persons including permanent provision for living, sleeping, eating, cooking and sanitation.
NON-OWNER OCCUPIED DWELLING UNIT
A dwelling unit for which no occupant thereof is expressly named as an owner of the dwelling unit, nor is a trustee or beneficiary of a trust that is expressly named as an owner of the dwelling unit, all as indicated upon the deed of record on file in the office of the Recorder of Deeds of St. Charles County, Missouri.
[Ord. No. 2257, 6-21-2023]
OCCUPIABLE SPACE
A room or enclosed space designed for human occupancy in which individuals congregate for amusement, educational or similar purposes or in which occupants are engaged at labor, and which is equipped with means of egress and light and ventilation facilities.
PERSON
An individual, heirs, executors, trustee, administrators or assigns, its or their successors or assigns, or the agent of any of the aforesaid. The term "person" shall also mean a firm, partnership, co-partnership, company, corporation, association, joint stock company, joint venture, trust, estate, organization or combination of individuals, of any kind, character, form or nature whatsoever, its or their successors or assigns, or an officer, manager, member, partner, employee, executor, trustee, administrator or agent of any of the aforesaid.
[Ord. No. 2257, 6-21-2023]
PREMISES
Any dwelling unit or occupiable space.
[Ord. No. 1151 §1, 4-18-2007]
A. 
It shall be unlawful for any person to occupy or use or to permit the occupancy, reoccupancy or use of any non-owner occupied dwelling unit for any purpose until a life, health and safety occupancy certificate has been issued by the Director.
[Ord. No. 2257, 6-21-2023]
B. 
The certificate shall state that the premises and any adjacent common area, if applicable, have been inspected and that the same is in compliance with the provisions of this Chapter. The certificate shall also state the name and address of the owner.
C. 
It shall be unlawful for any person to knowingly make any false statement in an application for a certificate as to ownership or any other necessary facts.
D. 
The Director shall give particular attention to the items set forth in said "Exhibit A" to this Chapter, when making inspections required by this Chapter. The Director may adopt and promulgate such rules, policies and procedures as are necessary for the administration of this Chapter. This Chapter runs solely to the benefit of the City of Dardenne Prairie and not to any owner, lessee, tenant or occupant. By issuing a life, health and safety occupancy certificate, the City does not intend to and does not warrant, insure or guarantee to the holder thereof, to his or her assignee or to any other person that there are no violations of any provision of this or any other ordinance. The City makes no warranty or representation whatsoever as to the condition of the unit or building.
[Ord. No. 1151 §1, 4-18-2007]
Upon any change of electric or gas service, Cuivre River Electric Cooperative, Ameren UE or Laclede Gas Company shall notify the Director of the City of Dardenne Prairie in writing within thirty (30) days of said change indicating the address and apartment number, the name(s) of electric or gas user(s) per service who has terminated service and the name(s) of electric or gas user(s) per service and address and apartment number in whose name service is connected and billed. It shall be unlawful for the owner of a premises within the City not to inform any prospective purchaser and/or tenant of the need to obtain a certificate as provided in this Chapter.
[Ord. No. 1151 §1, 4-18-2007]
A. 
The fees for the certificate required shall be as follows:
1. 
General inspection of exterior of building and all common area and site plus one (1) premises: seventy-five dollars ($75.00).
2. 
If a premises must be reinspected, there shall be no reinspection fee.
[Ord. No. 1151 §1, 4-18-2007]
A. 
The Director is authorized to and may make inspections of all of the premises and adjacent common areas, if any, upon any change in occupancy thereof after the adoption of this Chapter. At the discretion of the Director, an inspection upon a change in occupancy may be waived if it is found that the premises in question has at least a six (6) month history of compliance with these regulations and a limited period of time, generally not to exceed six (6) months, has expired since the previous inspection of said unit.
B. 
The inspections shall be for the purpose of determining whether the premises and the adjacent common areas, if any, conform to the requirements of this Chapter. Under this Chapter, common areas shall not be subject to independent inspection but shall only be inspected in conjunction with the inspection of an adjacent premises.
C. 
For the purpose of making the inspection, the Director is authorized to enter, examine and survey the premises by appointment with the knowledge of the owner and tenant if occupied. If any owner, occupant or other person in charge of a premises fails or refuses to permit free access and entry to the premises under control for any inspection pursuant to this Chapter, the Director may seek a search warrant or other appropriate court order authorizing such inspections.
D. 
The inspection shall determine compliance with the basic health and safety requirements of Section 500.120, as may be amended from time to time, and the Property Maintenance Code.
E. 
If a violation is found, the owner shall be given a reasonable length of time to make repairs prior to reinspection. No final certificate shall be issued until the premises and the common areas, if applicable, complies or comply with the requirements of this Chapter.
F. 
Appeals from decisions of the Director shall be filed with the Board of Adjustment. The procedures for appeal and for the meetings, hearings and decisions of the Board shall be the same as set forth elsewhere in the Code of Ordinances of the City of Dardenne Prairie. For informational purposes only, any person appealing under this Section shall forward a copy of the appeal to the City Council member in whose ward the affected dwelling unit is located.
[Ord. No. 1151 §1, 4-18-2007]
The provisions of this Chapter shall not apply to lawful occupancies existing at the time of the effective date of this Chapter. In addition, the provisions of this Chapter shall not apply to a change of ownership of any residential and/or non-residential building regarding which the buyer either thirty (30) days prior to purchase or within seven (7) days after purchase delivers a notarized statement to the Director that the buyer will cause said building to be demolished within six (6) months after purchase. The provisions of this Chapter shall not apply to a change of ownership within a family without a change of occupancy.
[Ord. No. 1151 §1, 4-18-2007]
Any person, firm or corporation who shall violate any provisions of the requirements of this Chapter shall, upon conviction thereof, be subject to a fine not to exceed five hundred dollars ($500.00) or imprisonment for a term not to exceed ninety (90) days, or both, at the discretion of the court. Every day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.