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2007, repealed this chapter 525 and enacted the new provisions set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.
[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:
The City Administrator or the City Administrator's designee.
A single unit providing complete, independent living facilities
for one (1) or more persons including permanent provision for living,
sleeping, eating, cooking and sanitation.
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.
Any dwelling unit or occupiable space.
[Ord. No. 1151 §1, 4-18-2007]
A.
It
shall be unlawful after the adoption of this Chapter for any person
to occupy or for any owner or agent thereof to rent or lease any premises
or any part thereof for any purpose until the owner or agent has applied
for a life, health and safety occupancy certificate and a certificate
has been issued by the Director.
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]
[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.
