[R.O. 1996 § 500.200; Ord. No. 874, 8-9-2018[1]]
The purpose of the Residential Rental Occupancy Permit Program is to provide for the health, safety and general welfare of the residents of the City of Gerald through the establishment of a permit inspection program. The program shall monitor the general condition of Rental Dwelling Units within the City through the establishment of a regularly scheduled inspection procedure. At a minimum, the health and safety occupancy inspection shall review the following areas of potential health and safety concerns to assure that all necessary utility services are provided and functioning properly: all HVAC systems are in working condition; all plumbing fixtures are in proper working condition; no unsafe electrical hazards exist; the structure is structurally sound; all windows are in place, unbroken and function properly; plaster and paint on walls are not peeling or flaking; there is no accumulation of trash, debris, chemicals or fabric which could pose a fire hazard; there are no insect or rodent infestations; and the exterior of the structure meets all property maintenance codes consistent with Section 500.120 of this Code.
[R.O. 1996 § 500.210; Ord. No. 874, 8-9-2018]
A.
ADMINISTRATIVE OFFICER
CRIMINAL ACTIVITY
RENTAL DWELLING UNIT
For the purpose of this Article, the following
definitions shall apply unless the context clearly indicates or requires
a different meaning:
An officer or individual having specific authority to administer
the regulations of this Article, to include the City Building Inspector.
The commission, attempted commission, conspiracy to commit
or the solicitation, coercion or intimidation of another person to
commit any crime which is chargeable by indictment or information
under Missouri law, including, but not limited to:
A single unit providing complete, independent living facilities
for one (1) or more persons, including permanent provision for living,
sleeping, eating, cooking and sanitation, which is rented or leased
for fixed or periodic increments of time pursuant to an oral or written
agreement.
[R.O. 1996 § 500.220; Ord. No. 874, 8-9-2018]
A.
It shall be unlawful after the adoption
of this Article for any person to occupy any Rental Dwelling Unit
for any purpose until the owner or agent for the occupant has an occupancy
certificate issued by the City of Gerald. A certificate shall be valid
until such time as an inspection is required. The owner of a Rental
Dwelling Unit may receive an occupancy certificate by completing an
application, on a form prescribed by the City Clerk, and paying the
application fee as provided in Appendix A, included as an attachment
to this Chapter.
B.
The certificate shall state that the dwelling
unit and any adjacent common area, if applicable, has been inspected
and that the same is in compliance with the provisions of this Article.
The certificate shall also state the name and address of the owner
and name and address of the prospective or current tenant.
C.
It shall be unlawful for any person to
knowingly make any false statement in an application for a certificate.
D.
By issuing an occupancy certificate, the
City does not intend to and does not warrant, insure or guarantee
to the holder thereof, to his/her assignee or to any other person
that there are no violations of any provision of this Chapter or any
other ordinance. The City makes no warranty or representation whatsoever
as to the condition of the unit or building.
[R.O. 1996 § 500.230; Ord. No. 874, 8-9-2018]
A.
The City of Gerald is authorized to and
may make inspections of structures and of the rental dwelling units
and adjacent common areas, if any, upon any change in occupancy thereof
after the adoption of this Article. At the discretion of the Administrative
Officer, an inspection upon a change in occupancy may be waived if
it is found that the structure/unit in question has passed an occupancy
inspection within the six (6) months immediately preceding the application/request.
B.
The inspections shall be for the purpose
of determining whether the dwelling structure/unit and the adjacent
common areas, if any, conform to the requirements of this Article.
Under this Article, common areas shall not be subject to independent
inspection but shall only be inspected in conjunction with the inspection
of an adjacent dwelling unit.
C.
For the purpose of making the inspection,
the Administrative Officer is authorized to enter, examine and survey
the premises by appointment with the knowledge of the owner and tenant
if occupied.
D.
The inspection shall determine compliance
with the basic health and safety requirements of the building code,
maximum occupancy of unrelated persons 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.
A temporary certificate shall be issued while repairs are being made,
unless a violation renders the premises unfit for human habitation,
as determined in writing by the City of Gerald. No final certificate
shall be issued until the structure/dwelling unit and the common area
comply with the requirements of this Article.
F.
All occupancy inspections, other than those
called for by the property owner shall be scheduled by the owner/landlord
of the dwelling unit.
G.
Appeals from decisions of the Administrative
Officer 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 Gerald.
H.
The Board of Aldermen may, from time to
time, enact and amend a Real Property Inspection Checklist for guidance
and instructional purposes for use by the Building Inspector in an
effort to carry out the above described inspection. The checklist
shall be made available to the public in the office of the City Clerk,
at City Hall.
[R.O. 1996 § 500.240; Ord. No. 874, 8-9-2018]
A.
If a rental dwelling unit is the site of
criminal activity, then the following procedure shall be used to inspect
the dwelling unit and to determine frequency of reinspections:
1.
The Chief of Police may request the
Administrative Officer/Building Inspector to inspect a dwelling unit
which was a site of criminal activity to determine compliance of the
property.
2.
The property owner shall permit the
Administrative Officer/Building Inspector to immediately inspect the
dwelling unit to determine compliance of the property. If the property
owner fails to permit such an inspection the Administrative Officer/Building
Inspector may, in his/her discretion, revoke the occupancy certificate.
3.
After the initial inspection of a
unit, the Chief of Police and Administrative Officer/Building Inspector
are authorized to determine whether the premises shall be reinspected
and the property owner shall permit the Administrative Officer/Building
Inspector to re-inspect the premises. If the property owner fails
to permit such an inspection the Administrative Officer/Building Inspector
may, in his/her discretion, revoke the occupancy certificate.
[R.O. 1996 § 500.250; Ord. No. 874, 8-9-2018]
Penalties for violation of this Article shall be as provided in Section 500.190 of this Chapter.
