[R.O. 2013 § 510.010; 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. 2013 § 510.020; 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:
ACCESSORY STRUCTURE
A structure subordinate to the main or principal structure, the use of which is customary to the main building.
BASEMENT
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.
BATHROOM
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.
CELLAR
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.
CHANGE OF OCCUPANCY
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.
CONDITIONAL OCCUPANCY PERMIT
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.
DETERIORATION
The condition or appearance of a building or part thereof characterized by evidence of physical decay or neglect, excessive use, or lack of maintenance.
DWELLING
A structure or portion thereof which is wholly or partly designed for or used for human habitation.
DWELLING UNIT
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.
ENFORCEMENT OFFICIAL
The official designated herein or otherwise charged with the responsibilities of administering this Chapter or his/her authorized representative.
EXTERIOR APPURTENANCES
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.
FAMILY
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 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.
FENCE
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.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
GARDEN LEVEL
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.
GUTTER
A trough under an eave to carry off water.
HABITABLE BUILDING
Any structure or part thereof that shall be used as a home or place of abode by one (1) or more persons.
HABITABLE ROOM
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.
HARBORAGE PLACES, INSECTS, PESTS OR RODENTS
Any place where insects, pests or rodents can live, nest or seek shelter.
INFESTATION
The presence within, or contiguous to, a structure or premises of insects, rodents, vermin or other pests.
KITCHEN
A space which contains a sink and adequate space for installing cooking and refrigeration equipment and for the storage of cooking utensils.
MULTIPLE-FAMILY DWELLING
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.
OCCUPANCY PERMIT
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 Sections 405.160, Occupancy Permits; 510.050, Occupancy Permit Required; and 510.055, Change Of Occupancy Without Reinspection, When.
OCCUPANT
Any person living and sleeping in a dwelling unit or having actual possession of said dwelling or rooming unit.
OPENABLE AREA
That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR
Any person who has charge, care or control of a building, or part thereof, which is let or offered for occupancy.
OWNER
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.
PERSON
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.
PLUMBING
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.
PREMISES
A lot, plat or parcel of land or any part thereof, including the building or structures thereon.
PUBLIC HALL
A hall, corridor or passageway for egress from a dwelling not within the exclusive control of one (1) family or dwelling unit.
REPAIR
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.
REPLACE
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.
ROOMING UNIT
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.
RUBBISH
Non-putrescible solid wastes consisting of both combustible and non-combustible wastes.
STRUCTURE
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.
VENTILATION
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.
YARD
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. 2013 § 510.030; 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. 2013 § 510.040; 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. 2013 § 510.050; 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 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. Fees are as set out in Section 405.160.
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 or a vacant dwelling unit requesting occupancy 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.
[Ord. No. 1046, 1-2015]
A. 
The purpose of this Section is to allow immediate family members to live with and care for residents who may be incapacitated, disabled, or physically or mentally limited by age or conditions. The purpose is also to eliminate the requirement of residents incurring the additional of expense of a re-inspection based on the addition of a spouse or newborn child to the residence.
B. 
No Re-inspection Required, When.
1. 
No re-inspection of a residential home will be required when there is a change of occupancy involving immediate family members defined as follows:
a. 
Mother.
b. 
Father.
c. 
Grandmother.
d. 
Grandfather.
e. 
Son.
f. 
Daughter.
g. 
Brother.
h. 
Sister.
i. 
Spouse.
j. 
Newborn.
2. 
Re-inspections are no longer required under these circumstances as long as residence does not exceed the square footage requirements for each occupant.
C. 
Residents may petition the Board of Trustees for a variance or additional considerations consistent with the purpose of this Section.
[R.O. 2013 § 510.060; 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. 2013 § 510.065; R.O. 2012 § 510.065; Ord. No. 1011 Art. I, 2-16-2012]
A. 
Definitions. When used in this Section, the following terms shall have the following meanings.
CERTIFICATE OF RENTAL OCCUPANCY
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.
HOUSING CODE
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.
OWNER/OPERATOR
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-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 ninety-five dollars ($95.00) per inspection.
[Ord. No. 1043, 8-21-2014; Ord. No. 175, 4-23-2020]
4. 
It shall be unlawful for any owner/operator to knowingly make false statements in an application for a certificate of rental occupancy or to violate any provision of this Section 510.065.
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. 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.
[Ord. No. 175, 4-23-2020]
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 Village of Hanley Hills or St. Louis County, a designation of an agent who shall either reside or have a place of business in the Village of Hanley Hills 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:
a. 
A description of the property registered;
b. 
A description of the Code violations found on the property; and
c. 
A reasonable time allowed for correction of any violation cited.
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.
1. 
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:
a. 
A description of the property registered;
b. 
A description of the Code violations found on the property; and
c. 
A reasonable time allowed for correction of any violation cited.
2. 
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.
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.