[R.O. 2012 §510.010; CC 1987 §46.100]
A.
The
general purpose of this Chapter is to protect the public health, safety,
comfort, morals and the general welfare of the people of the Village.
These general objectives include, among others, the following specific
purposes:
1.
To protect the character and stability of residential property within
the Village.
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 Village.
8.
To provide mechanism for the enforcement and administration of the
Code to ensure that the above purposes are accomplished.
[R.O. 2012 §510.020; CC 1987 §46.110]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
A structure subordinate to the main or principal structure,
the use of which is customary to the main building.
That portion of a building which is partly underground but
having at least twenty-five percent (25%) 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.
That portion of a building which is partly underground but
having less than twenty-five percent (25%) 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, transfer, lease,
rental or other provision 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 Permits) for a limited, specified length of time.
The condition of 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 thereof which is wholly or partly
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
representative.
Objects which are added to a structure for aesthetic or functional
purposes. These include, but are not limited to, screens, awnings,
trellises, television antennas, storm windows and storm doors.
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 this
Village, his/her agent or employee or other designated person.
An individual or married couple and the children thereof
and no more than two (2) other persons related directly to the individual
or married couple by blood or marriage and not more than one (1) unrelated
person (excluding servants) or a group of not more than four (4) persons
not related by blood or marriage living together as a single housekeeping
unit in a dwelling unit.
An independent structure forming a barrier at a grade between
lots, between a lot and a street or 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.
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.
A trough under an eave to carry off water.
Any structure or part thereof that shall be used as a home
or place of abode by one (1) or more persons.
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, water
closet compartments, pantries, storerooms, foyers, closets, corridors,
rooms for mechanical equipment for service in the building, or other
similar spaces not used by persons frequently or during extended periods.
Any place where insects, pests or rodents can live, nest
or seek shelter.
The presence within, or contiguous to, a structure or premises
of 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.
A building or portion thereof designed or altered 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 Permits).
Any person living and sleeping in a dwelling unit or having
actual possession of said dwelling or rooming unit.
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, firm or corporation who, alone, jointly or severally
with others, shall be in actual possession of, or have charge, care
or control of, any dwelling or dwelling unit within the Village as
owner, 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. Whenever 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 partners or members thereof, and as to corporations, 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, bath tubs, shower baths, installed clothes washing machines,
catch basins, drains, vents and other similar fixtures, together with
all connections to water, sewer, vent or gas lines.
A lot, plat or parcel of land or any part thereof including
the building or structures thereon.
Any material 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.
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.
Any room or group of rooms or any part thereof forming a
single habitable unit used or intended to be used for living and sleeping,
but not for cooking or eating purposes.
Non-putrescible solid wastes consisting of both combustible
and non-combustible wastes.
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 wall. A sign, billboard or other
advertising medium, detached or projecting, shall be construed to
be 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.
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-driven
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.
[R.O. 2012 §510.030; CC 1987 §46.120]
Every building or its 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. 2012 §510.040; CC 1987 §46.130]
A.
Scope. 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 a provision
of any zoning, building, fire, safety or health ordinance or Code
of this Village existing on the effective date of this Chapter, the
provision which establishes the higher standard for the promotion
and protection of the safety and health of the people shall prevail.
B.
Severability. If any Section, Subsection, paragraph, sentence,
clause or phrase of this Chapter should be declared invalid for any
reason whatsoever, such decision shall not affect the remaining portions
of this Chapter which shall remain in full force and effect.
[R.O. 2012 §510.050; CC 1987 §46.140; Ord. No. 805 Art. I, 8-16-2001]
A.
Applicability. This Section shall not apply to any occupancy
in existence at the time of the adoption of this Chapter until a change
of occupancy occurs.
B.
Scope. Except as otherwise provided, it shall be unlawful
for a person or family to occupy, or for any owner or agent thereof
to permit the occupation of any dwelling, dwelling unit or addition
thereto, or part thereof, for any purpose until an occupancy permit
has been issued by the enforcement official. The occupancy permit
shall not be issued until any and all violations of this Chapter have
been brought into compliance. The occupancy permit so issued shall
state that the occupancy complies with all of the provisions of this
Chapter.
1.
Duration of inspection. An inspection for occupancy
which determines a building to be in compliance with the Code of the
Village shall be good for sixty (60) days from the issue date and
no new inspection need be made by anyone seeking to occupy said building
during said time.
2.
Reinspection to extend previous passed inspection. If a building has passed an inspection and more than sixty (60)
days has passed since the issuance of said notice of compliance, and
the individual wishes to extend the time to obtain an occupancy permit,
said individual may request reinspection upon paying the reinspection
fee, provided said request is made within five (5) business days after
the expiration of the first (1st) notice of compliance. Any reinspection
which determines the building to be in compliance shall be good for
sixty (60) days after its issuance.
C.
Fee. All fees shall be set by the Board of Trustees.
D.
False Statements. It shall be unlawful for any person to
knowingly make false statements in his/her application for an occupancy
permit as to names, relationships, ages or number of occupants of
the dwelling unit.
E.
Content Of Occupancy Permit. The occupancy permit shall
contain the names, ages, relationships and number of occupants of
the dwelling unit. All persons who occupy the premises of a dwelling
unit must be listed on the occupancy permit or be subject to penalties
provided in this Chapter.
F.
One Family. No more than one (1) family, as defined in this
Chapter, shall occupy each dwelling unit.
G.
Report Change Of Occupancy. Every dwelling unit in which
a change of occupancy is to occur must be reported by the owner to
the Village Clerk so that the enforcement official may inspect the
structure according to the provisions of this Chapter. (Upon inspection,
the enforcement official shall determine the number of occupants which
can be housed in the dwelling unit without creating a health or safety
hazard.)
H.
Responsibilities Of Real Estate Brokers. All real estate
brokers and agents and similar businesses shall report each dwelling
unit which is to change occupancy, as in this Chapter defined, so
that the enforcement official may inspect the unit according to the
provisions of this Chapter. Failure to register or make such a report
shall constitute a violation of this Chapter, and the person or firm
responsible for the failure shall be subject to the penalties of this
Chapter.
I.
Conditional Occupancy Permit. A conditional occupancy permit
may be issued by the enforcement official if, in his/her judgment,
any deficiencies in structures covered by this Chapter would not seriously
endanger the health or safety of the occupants or the community, and
provided that the owner makes an affidavit stating that he/she will
correct deficiencies within a specified time and thus bring the structure
into compliance with the provisions of this Chapter. The occupant
may then occupy the dwelling unit while repairs are being made. At
such time as the dwelling complies with all the provisions of this
Chapter, an occupancy permit will be issued as provided above.
[R.O. 2012 §510.060; CC 1987 §46.150]
The owner of any building which is rented to another shall register
said building as rental property, and his/her name, address and telephone
number with the Village Building Commissioner. In addition, the owner
shall register the name, address and telephone number of any person,
corporation or firm who is acting as an agent for the owner in regards
to the rental property. The name, address and telephone number of
the owner, or the owner's agent, shall be posted in a conspicuous
place within all rental buildings. The application to register with
the Village Building Commissioner as provided herein shall be furnished
upon request by the Village Clerk. It shall be unlawful for any person
to make a false statement in an application for the registration of
rental housing.
[R.O. 2012 §510.065; Ord. No. 1011 Art. I, 2-16-2012]
A.
CERTIFICATE OF RENTAL OCCUPANCY
HOUSING CODE
OWNER/OPERATOR
Definitions. When used in this Section, the following terms
shall have the following meanings.
A certificate issued at least annually by the Building Commissioner
indicating that a specified single-family residential rental property
complies with the requirements of this Section.
Hanley Hills ordinances with regard to building, fire, health,
property maintenance, nuisance or other ordinance which contains standards
regulating the condition of maintenance of a single-family residential
property.
Any person who owns and occupies as his or her primary residence
a single-family residential property and who may temporarily rent
said residence to another for less than one (1) year, but not more
than once during any five (5) year period.
B.
Annual Certificate Required — Scope — Fees — Violations.
1.
No owner/operator shall permit the occupation of a single-family
residential rental property until an annual certificate of rental
occupancy has been issued by the Building Commissioner. This Section
shall not apply to owner/occupants.
2.
This Section shall not relieve owner/operators or tenants from obtaining certificates of occupancy as otherwise may be required by Section 510.050.
3.
Fees for an inspection required by this Section shall be ninety-five dollars ($95.00) and shall include one (1) follow-up inspection to determine property compliance. Fees for any additional follow-up inspection granted by the Building Commissioner per Section 510.065(F) shall be thirty-five dollars ($35.00) per inspection. The fee for the issuance of a certificate of rental occupancy shall be ten dollars ($10.00).
C.
Application For Certificate — Owner/Operator Obligations.
1.
No certificate of rental occupancy shall be issued unless the owner/operator
has first made application for inspection, the completed application
form is accompanied by the payment of an inspection fee, and an inspection
establishes that the single-family residential property complies with
the Housing Code and the requirements of this Section.
2.
The Building Commissioner shall issue the certificate of rental occupancy if the property complies with the requirements of the Housing Code. Every certificate of rental occupancy for a single-family residential rental property shall be issued for a period of one (1) year. The certificate of rental occupancy shall specify the names of those persons who may occupy the single-family residence under the provisions of the Housing Code and this Section 510.065.
3.
After obtaining an initial certificate of rental occupancy, the owner/operator
shall apply for an annual inspection no more than sixty (60) days
and no less than thirty (30) days prior to the expiration of any current
certificate of rental occupancy.
4.
The application shall include such relevant information deemed necessary
by the Building Commissioner.
a.
The name and address of the owner/operation;
b.
The names of the current or prospective tenants/occupants; and
c.
If the owner/operator does not reside or have a place of business in the City of St. Louis or St. Louis County, a designation of an agent who shall either reside or have a place of business in the City of St. Louis or St. Louis County and who shall be authorized to accept service of the notice of violation of the provisions of this Section 510.065 and for service of any necessary process. Said agent may act on behalf of an owner/operator to meet the obligations of the owner/operator imposed by this Section.
D.
Inspections And Compliance.
1.
The Building Commissioner or his/her designated agent shall provide
notice to the owner/operator or the tenant/occupant of the time and
date of the inspection required by this Section. If the owner/operator
or the tenant/occupant refuses to consent to the inspection, the Building
Commissioner shall apply to the Hanley Hills Municipal Court for an
administrative search warrant as provided in the Hanley Hills Code.
2.
If the inspection reveals conditions or practices that violate the
Housing Code, the owner/operator shall be served with notice of same
by first class United Sates mail at their last known address according
to the records of the Village of Hanley Hills. Such notice shall state:
3.
At the end of the time allowed for correction of any violation cited,
the Building Commissioner shall reinspect the property to determine
whether the property complies with the Housing Code. If the property
so complies, the Code official shall issue the certificate of rental
occupancy.
4.
If any cited violations have not been corrected in the time allowed,
the certificate of rental occupancy shall be denied and existing Code
violations shall be prosecuted. An owner/operator shall be required
to reapply for a certificate of rental occupancy after correcting
any cited violation.
E.
Revocation Of Certificates Of Rental Occupancy. A certificate
of rental occupancy may be revoked by the Building Commissioner for
non-compliance with the Housing Code. In the event of such non-compliance
the owner/operator shall be served with notice of same by first class
United States mail at their last known address according to the records
of the Village of Hanley Hills. Such notice shall state:
1.
A description of the property registered;
2.
A description of the Code violations found on the property; and
3.
A reasonable time allowed for correction of any violation cited.
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If any cited violations have not been corrected within the time
allowed, the certificate of rental occupancy shall be revoked and
existing Code violations shall be prosecuted.
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F.
Building Commissioner Discretion. Notwithstanding anything
herein to the contrary, the Building Commissioner, in his or her discretion,
may grant reasonable extensions of time consistent with this Section
for the correction of any Code violations provided herein.
