[Ord. No. 10192015 §XIII, 10-19-2015]
A.
This Chapter shall be known as the Building and Construction Code of the City of Peculiar, Missouri hereinafter [Code]. Unless otherwise indicated by its use and context, the term "this Chapter" shall refer to this Chapter 500 including all provisions incorporated by reference herein.
B.
The Building Official shall be known as the official charged with
the administration and enforcement of the City's building codes, and
such term shall include his or her authorized representatives. Further,
whenever the term or title "administrative authority," "code enforcement
officer," "responsible official," or "Building Official" or other
similar designation is used in any of the codes adopted by reference
by this Chapter, it shall be construed to mean the Building Official,
or his or her authorized representatives.
[Ord. No. 10192015 §XIII, 10-19-2015]
A.
Purpose. This Chapter shall be construed to secure
its expressed intent, which is to provide minimum requirements to
safeguard the public safety, health and general welfare, insofar as
they are affected by building construction, through structural strength,
adequate means of egress facilities, stability, sanitary equipment,
light and ventilation, energy conservation, erosion and sediment control
and fire safety; and in general to promote safety to life and property
from fire and other hazards incident to the construction, design,
erection, installation, alteration, addition, removal, demolition,
replacement, location, relocation, moving, quality of materials or
use and occupancy, operation and maintenance of buildings, structures
or premises, and to provide safety to fire fighters and emergency
responders during emergency operations. The purpose of this Chapter
is not to create or otherwise establish or designate any particular
class or group of persons who will or should be especially protected
or benefited by the terms of this Chapter.
B.
Scope. This Chapter provides the administrative and technical provisions to be followed by all persons engaged in the construction, design, erection, installation, alteration, addition, removal, demolition, replacement, location, relocation, land disturbance, moving, quality of materials, or use and occupancy, operation and maintenance of buildings, structures or premises, as regulated by this Chapter. This Chapter does not apply to public infrastructure or work in a public right-of-way except as expressly indicated herein. All references to any provisions in the administrative chapters of the referenced model codes shall be construed to be a reference to the provisions of Article I of this Chapter.
C.
Referenced codes. The other codes listed in Subsections (1) through (7) and referenced elsewhere in this Chapter shall be considered part of the requirements of this Chapter to the prescribed extent of each such reference. All references within the model codes to any building, electrical, gas, mechanical, plumbing, sewage disposal or elevator shall be construed to be a reference to the respective building, electrical, gas, mechanical, plumbing, sewage disposal or elevator code specifically adopted by reference in Articles II through V of this Chapter.
1.
Building. The provisions of the International Building Code, as amended, shall apply to the construction, design, erection, installation, alteration, addition, removal, demolition, replacement, location, maintenance, land disturbance, moving, quality of materials, or use and occupancy of every building or structure or any appurtenances connected or attached to such buildings or structures. (See Article II of this Chapter.)
Exceptions:
a.
Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three (3) stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the International Residential Code, as amended. (See Article II of this Chapter.)
b.
The legal occupancy of any structure existing on the date of
adoption of this code shall be permitted to continue without change,
except as is specifically covered in this code, the Property Maintenance
Code or the International Fire Code, or as is deemed necessary by
the Building Official for the general safety and welfare of the occupants
and the public.
2.
Electrical. The provisions of the National Electrical Code, as amended, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. (See Article II of this Chapter.)
3.
Gas. The provisions of the International Fuel Gas Code, as amended, shall apply to the installation of gas appliances and related accessories as covered in this code (See Article II of this Chapter). Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress and their accessory structures shall comply with the International Residential Code. (See Article II of this Chapter.)
4.
Mechanical. The provisions of the International Mechanical Code, as amended, shall regulate the design, installation, maintenance, alteration and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings. This code shall also regulate those mechanical systems, system components, equipment and appliances specifically addressed herein. (See Article II of this Chapter.)
5.
Plumbing. The provisions of the International Plumbing Code, as amended, shall apply to the installation, alteration, repair and replacement of plumbing and fuel gas piping systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system for commercial construction. (See Article II of this Chapter.)
6.
Fire prevention. The provisions of the International Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and, from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. (See Article II of this Chapter.)
7.
Property maintenance. The provisions of the International Property Maintenance Code, as amended, shall apply to existing buildings to establish minimum maintenance standards for basic equipment, light, ventilation, heating, sanitation and fire safety in addition to providing exterior maintenance standards for facilities and grounds. (See Article II of this Chapter.)
D.
Process. The Building Official shall have the responsibility
to make timely recommendations to update this Chapter, upon the publication
of nationally recognized model codes.
[Ord. No. 10192015 §XIII, 10-19-2015]
A.
Wherever conflicting provisions or requirements occur between this
Chapter and the model codes adopted by this Chapter, this Chapter
shall apply.
B.
Wherever conflicting provisions or requirements occur between this
Chapter and any other municipal codes and laws, the most restrictive
shall govern. The provisions of this Chapter shall not be deemed to
nullify any provisions of local, State, or Federal law.
C.
Where in any specific case different Sections within this Chapter
specify different materials, methods of construction or other requirements,
the most restrictive shall govern. Where there is a conflict between
a general requirement and a specific requirement, the specific requirement
shall be applicable.
D.
Where conflicts occur between any specific provisions of this Article
and any administrative provisions in the remaining Articles of this
Chapter which are then applicable, those provisions becoming the law
last in time shall prevail.
E.
Wherever in this Chapter reference is made to the appendix, the provisions
in the appendix shall not apply unless specifically adopted.
F.
References to Chapter or Section numbers, or to provisions not specifically
identified by number, shall be construed to refer to such Chapter,
Section or provision of this Chapter.
G.
The codes and standards referenced in this Chapter shall be considered
part of the requirements of this Chapter to the prescribed extent
of each such reference. Where differences occur between provisions
of this Chapter and referenced codes and standards, the provisions
of this Chapter shall apply.
[Ord. No. 10192015 §XIII, 10-19-2015]
A.
Generally. The legal use and occupancy of any structure
existing on the date of adoption of this Chapter shall be permitted
to continue without change provided such continued use is not dangerous
to life, and as may be specifically covered in this Chapter, the Fire
Code or as may be deemed necessary by the Building Official for the
general safety and welfare of the occupants and the public.
B.
Ordinary Repairs. Application or notice to the Building
Official is not required for ordinary repairs to structures, replacement
of lamps or the connection of approved portable electrical equipment
to approved permanently installed receptacles. Such repairs shall
not include the cutting away of any wall, partition or portion thereof,
the removal or cutting of any structural beam or load bearing support,
or the removal or change of any required means of egress, or rearrangement
of parts of a structure affecting the egress requirements, nor shall
ordinary repairs include addition to, alteration of, replacement or
relocation of any standpipe, water supply, sewer drainage, drain leader,
gas, soil, waste, vent or similar piping; electric wiring; or mechanical
or other work affecting public health or general safety.
[Ord. No. 10192015 §XIII, 10-19-2015]
A.
The provisions of this Chapter are not intended to prevent the installation
of any material or method of construction not specifically prescribed
by this Chapter, provided that any such alternative has been approved.
B.
The Building Official shall approve any alternative material, design
or method of construction that is found to be satisfactory and in
compliance with the provisions of this Chapter and that the material,
method or work offered is, for the purpose intended, at least the
equivalent of that prescribed in this Chapter in quality, strength,
effectiveness, fire resistance, durability, safety and sanitation.
C.
The Building Official shall require that sufficient evidence or proof
be submitted to substantiate any claims that may be made regarding
the use of any alternative material, design, or method of construction.
The details of any action granting approval shall be entered into
the record of the Building Inspection Division.
D.
Materials, equipment and devices approved by the Building Official
shall be constructed and installed in accordance with such approval.
The use of used materials which meet the requirements of this Chapter
for new materials are permitted. Used equipment and devices shall
not be reused unless approved by the Building Official.
[Ord. No. 10192015 §XIII, 10-19-2015]
Whenever there are practical difficulties involved in carrying
out the provisions of this Chapter, the Building Official shall have
the authority to grant modifications for individual cases, upon application
of the owner or owner's representative. The Building Official shall
first find that a special individual reason makes the strict letter
of this Chapter impractical and that the modification does not lessen
health, life, and fire safety requirements or any degree of structural
integrity. The details of actions granting modifications shall be
entered into the record of the Building Inspection Division.
[Ord. No. 10192015 §XIII, 10-19-2015]
A.
Whenever there is insufficient evidence of compliance with any of
the provisions of this Chapter, or evidence that materials or construction
do not conform to the requirements of this Chapter, or in order to
substantiate claims for alternative materials or methods, the Building
Official shall have the authority to require tests as evidence of
compliance to be made at no expense to the City.
B.
Test methods shall be as specified in this Chapter or by other recognized
test standards. In the absence of recognized and accepted test methods
for the proposed alternate, the Building Official shall approve the
test procedures.
C.
All tests shall be made by an approved agency. Reports of such tests
shall be retained by the Building Official for the period required
for the retention of records.
[Ord. No. 10192015 §XIII, 10-19-2015; Ord.
No. 04182022, 4-18-2022]
A.
General. The Building Official is hereby authorized and directed to enforce the provisions of this Chapter. For such purposes, the Building Official shall have the powers of a Law Enforcement Officer to issue written orders in the enforcement of this Chapter and deem unsafe conditions and define structures within the City's corporate boundaries as dangerous buildings, as prescribed in Section 500.0045 and Section 108, Unsafe Structures and Equipment of the International Property Maintenance Code. The Building Official shall have the authority to render interpretations of this Chapter and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in conformance with the intent and purpose of this Chapter. Such interpretations, policies and procedures shall not have the effect of waiving requirements specifically provided for in this Chapter.
B.
Applications And Permits. The Building Official
shall receive applications, review construction documents and issue
permits for the erection and alteration of buildings and structures,
inspect the premises for which such permits have been issued and enforce
compliance with the provisions of this Chapter.
C.
Notices And Orders. The Building Official shall
issue all necessary notices or orders to ensure compliance with this
Chapter.
D.
Inspections. The Building Official, or their designee,
shall make all of the required inspections of every building or structure
or part thereof reported as or observed to be unsafe, damaged, or
dangerous. The Building Official, or their designee, shall have the
authority to draft reports of inspections and to accept reports of
inspection by approved agencies or individuals. Reports of such inspections
shall be in writing and be certified by a responsible officer of such
approved agency or by the responsible individual. The Building Official
is authorized to engage such expert opinion as deemed necessary to
report upon unusual technical issues that arise, subject to the approval
of the appointing authority. If such building or structure is found
to be a dangerous building as defined in this Chapter, the Building
Official shall commence proceedings to cause abatement, consisting
of repair, rehabilitation, demolition, or removal of the building
or structure.
E.
Identification. The Building Official and/or all
designated inspectors shall carry proper identification when inspecting
structures or premises in the performance of duties under this Chapter.
F.
Right Of Entry. When it is necessary to make an
inspection or to enforce the provisions of this Chapter, or any other
code, ordinance, law, regulation or administrative order within the
authority of the Building Official to enforce, or whenever the Building
Official or an authorized representative has reasonable cause to believe
that there exists in any building any condition which is contrary
to or in violation of this Chapter, or any other code, ordinance,
law, regulation or administrative order, the Building Official or
an authorized representative may enter the building or premises during
normal work hours or, in the case of an emergency at any reasonable
time to inspect or to perform any duty imposed upon the Building Official
by this Chapter; provided if such property be occupied, the Building
Official or an authorized representative shall first present proper
credentials and request and obtain permission to enter before entering
the building or premises. Reasonable effort must be made to locate
the owner or other persons having charge or control of the property
when seeking permission for entry.
1.
If no consent has been given to enter or inspect any building
or premises, no entry or inspection shall be made without the procurement
of a warrant from the judge presiding in the Peculiar Municipal Court
of Cass County, or if that judge is not available, from any other
judge presiding in the Cass County 17th Judicial Circuit Court of
Missouri. The court may consider the following factors in its decision
as to whether a warrant shall be issued:
a.
Eyewitness account of violation.
b.
Citizen complaint(s).
c.
Tenant complaint(s).
d.
Plain view violation(s).
e.
Violation apparent from City record(s).
f.
Nature of alleged violation, the threat of life or safety and
imminent risk of significant property damage.
g.
Previous unabated violation(s) in the building or on the premises.
2.
Cause supporting issuance of a warrant shall be deemed to exist
in light of reasonable legislative and administrative standards which
show that there is reason to believe that a condition of non-conformity
exists with respect to a building or premises in violation of the
provisions of the City of Peculiar Municipal Code.
3.
The Building Official or an authorized representative may enter the premises without consent or a search warrant to make an inspection or enforce any of the provisions of the City of Peculiar Municipal Code only when an emergency exists as prescribed in Section 500.0045 of this Chapter, or when the premises are abandoned.
4.
If a complaint, in writing, is filed by the Building Official
or an authorized representative, any police officer, deputy, City
Attorney or prosecuting attorney of the City with the Municipal Court
of the City, stating that he/she has probable cause to believe there
exists in a building or structure more particularly described therein
a violation or violations of provisions of the City of Peculiar Municipal
Code, and is within the territorial jurisdiction of the City, and
if such complaint is verified by the oath or affirmation stating evidential
facts from which such judge determines the existence of probable cause,
then such judge shall issue a search warrant directed to the authorized
person to search the structure or premises therein described for the
purposes requested. Such search warrant may be executed and returned
only within ten (10) days after the date of its issuance. The person
authorized to search shall make a return promptly after concluding
the search, and such return shall contain an itemization of all violations
of this code discovered pursuant to such search. Refusal to honor
a search warrant and permit inspection of the premises shall constitute
an ordinance violation. Execution of a search warrant under this Section
shall not be by forcible entry.
5.
Unless emergency conditions exist or until a notice of violation
and a reasonable opportunity to correct the violation is afforded
the person, a summons shall not be served upon a resident, property
owner, or other responsible person, which alleges a violation of this
code based upon conditions discovered incidental to, and solely as
a result of, conducting an investigation pursuant to the authority
of a search warrant, but which is not the subject of the search warrant.
G.
Stop Work Orders.
1.
Notice. Upon notice from the Building Official
that work on any building or structure is being pursued contrary to
the provisions of this Chapter, or in an unsafe and dangerous manner,
such work shall be immediately stopped. The stop work order shall
be in writing and shall be given to any persons owning, leasing, maintaining
or occupying premises where work is being done; and shall state the
conditions under which work will be permitted to resume.
2.
Unlawful continuance. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be in violation of this code and subject to penalties in Section 500.0070.
H.
Occupancy Violations. Whenever any building or structure or building service equipment therein regulated by this Chapter is being used contrary to the provisions of the code, the Building Official may order such use discontinued by written notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the Building Official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of the code. Failing to discontinue such use when ordered is a violation of this Chapter. Unless authorized by the Building Official, removing a posted notice or sign indicating that a structure is not to be occupied is a violation of this Chapter and subject to penalties in Section 500.0070.
I.
Department Records. The Building Official shall
keep official records of applications received, permits and certificates
issued, fees collected, reports of inspections, and notices and orders
issued. Such records shall be retained in the official records for
the period required for retention of public records.
J.
Liability. The Building Official or an authorized
representative charged with the enforcement of this Chapter, acting
in good faith and without malice in the discharge of the duties required
by this Chapter or other pertinent law or ordinance, shall not be
rendered personally liable for damages that may accrue to persons
or property as a result of any such official act or by reason of any
act or omission in the discharge of such official duties. Any suit
brought against the Building Official or employee because of such
act or omission, performed in the enforcement of any provision of
this Chapter or other pertinent laws or ordinances implemented through
the enforcement of this Chapter or enforced by the Building Official,
shall be defended by the City until final termination of such proceedings.
Any judgment resulting of such proceeding shall be assumed by the
City. This Chapter shall not be construed to relieve from or lessen
the responsibility of any person owning, operating, or controlling
any building, structure or building service equipment therein for
any damage to persons or property caused by defects, nor shall the
Building Official or the City be held as assuming any such liability
by reason of the inspections authorized by this Chapter or approvals
issued under this Chapter.
K.
Cooperation Of Other Officials And Officers. The
Building Official may request, and shall receive, the assistance and
cooperation of other City officials so far as is required in the discharge
of the duties required by this Chapter or other pertinent law or ordinance.
[Ord. No. 10192015 §XIII, 10-19-2015; Ord.
No. 04182022, 4-18-2022]
A.
General. It is unlawful for any owner, agent, or owner/agent thereof
to keep or maintain any building or structure or part thereof which
is a dangerous building, as defined in this Chapter. All such dangerous
buildings shall be abated by of repair, rehabilitation, demolition,
or removal in accordance with the procedures specified in this Chapter.
B.
Conditions. The following conditions with respect to any building
or structure have been determined to be detrimental to the health,
safety, and welfare of the residents of the City, and therefore constitute
a dangerous building being a nuisance:
1.
Those whose exterior or interior walls or other vertical structural
members list, lean or buckle to such an extent that a plumb line passing
through the center of gravity of any such wall or vertical structural
members falls outside of the middle third of its base, or to the same
extent using any equivalent measure such as a level.
2.
Those which, exclusive of the foundation, show thirty-three percent
(33%) or more of damage or deterioration of the supporting member
or members, or fifty percent (50%) of damage or deterioration of the
non-supporting enclosing or outside walls or covering.
3.
Those which have improperly distributed loads upon the floors, roofs,
or other horizontal structural members, or in which the same are overloaded,
or which have insufficient strength or deflections to be reasonably
sale for the purpose used or intended to be used.
4.
Those which have been damaged by fire, wind, flood, vandals or any
other causes so as to have become dangerous to life, safety, or the
general health and welfare of the occupants or the people of the City.
5.
Those which are uninhabited and are open at door, window, wall or
roof.
8.
Those which have any portion of a building or structure remaining
on a site after the demolition or destruction of the building or structure
or whenever any building or structure is abandoned for a period in
excess of six (6) months so as to constitute such building or portion
thereof an attractive nuisance or hazard to the public.
9.
Those containing therein substantial accumulations of trash, garbage
or other materials susceptible to fire, or constituting or proving
a harboring place for vermin or other obnoxious animals or insects
or in any way threatening the health of the occupants thereof or the
health of persons in the vicinity thereof.
10.
Those having inadequate or unsafe facilities for egress in case of
fire or panic.
11.
Those which have parts thereof which are so attached or deteriorated
that they may fall upon public ways or upon the property of others
or may injure members of the public or the occupants thereof, or that
are not of sufficient strength or stability or are not anchored, attached
or fastened in place so as to be capable of safely resisting wind
pressure, snow or other loads.
12.
Those buildings built or maintained in violation of any applicable
safety provision of the International Building Code, National Electrical
Code, International Plumbing Code, International Mechanical Code,
International Property Maintenance Code or the International Fire
Code as adopted by the City or used in violation thereof.
13.
Those buildings in which the electrical, plumbing, mechanical or
other systems are totally or partially damaged, destroyed, removed
or otherwise made inoperable, unsafe or unsanitary.
14.
Those buildings or any portion thereof that, because of obsolescence,
dilapidated condition, deterioration or damage, inadequate maintenance,
faulty construction or arrangement, or any other causes, constitute:
a.
A blighting influence upon the neighborhood or an eyesore so as to
deprive owners or occupants of neighboring property of the beneficial
use and enjoyment of their premises or which presents an appearance
which is offensive to persons of ordinary sensibilities;
b.
A fire hazard under the Fire Prevention Code of the City; or
c.
A public nuisance known to the common law or in equity jurisprudence.
C.
Notice. Whenever the Building Official or their designee has determined that any building or structure is a dangerous building under the provisions of Section 500.0045(B), they shall, as soon as possible thereafter, notify the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the building or structure as shown by the land records of the recorder of deeds for the appropriate County that such building or structure has been found to be a dangerous building under the provisions of Section 500.0045(B). The notice shall set forth a description of the property deemed dangerous, and the conditions found in and around the building or structure so as to constitute the building or structure as a public nuisance under Section 500.0045(B). Furthermore, the notice should be signed by the Building Official or their designee. The notice shall also provide for abatement of the public nuisance by:
1.
Ordering the building or structure to be vacated, repaired, cleaned
up and maintained and/or demolished;
2.
Specifying a time for commencement of the work, the deadline for
which shall be no sooner than thirty (30) days from the date of the
notice. Commencement of work shall include the scheduling of an appointment
with the building inspector and the establishment of an acceptable
plan of action for such work; and
3.
Requiring the work to proceed continuously without unnecessary delay
to completion in strict compliance with the plan of action approved
by the building inspector.
D.
Recording Notice.
1.
Whenever the Building Officer or their designee has determined that any building or structure is a dangerous building as defined under Section 500.0045(B), and upon issuance of the notice thereof on all persons having an interest in the property, the Building Officer or their designee shall prepare a "Statement of Dangerous Building" and cause the same to be filed and recorded in the office of the Recorder of Deeds of the County wherein the property is located. Such statement shall set forth the address of the property upon which the dangerous building is located and a statement that such building or structure is dangerous within the provisions of Section 500.0045(B) as amended, and that the owner thereof has been given proper notice and ordered to comply with this Chapter.
2.
The recording of this statement shall place persons purchasing
the property subsequent to the date of recording that such property
has been declared a dangerous building. The act of subsequent purchase
shall not delay the processing or cause delay in such matter and shall
not be an exception to the time requirements.
3.
Upon application and after verification that the owner of the property
has complied with the requirements of the notice by vacating, repairing,
cleaning up, maintaining, or demolishing the dangerous building or
structure, the building official shall issue to the owner of the property
a "Release of Statement of Dangerous Building" which is in such form
that it may be filed and recorded by the Recorder of Deeds of the
County where the property is located.
E.
Method Of Service. Such notice shall be deemed properly served if
a copy thereof is:
1.
Delivered to the owner personally;
2.
Sent by certified mail or registered mail addressed to the owner
at the last known address with the return receipt requested. If the
certified or registered letter is returned showing that the letter
was not delivered and if the owner of the building or structure resides
in the structure or building subject to the notice, service can be
completed by posting a copy thereof in a conspicuous place in or about
the building or structure affected by such notice. Service of such
notice in the foregoing manner upon the owner's agent or upon the
person responsible for the structure shall constitute service of notice
upon the owner; or
3.
By publication if, the building or structure referenced in the notice
is unoccupied and service by delivery or certified mail could not
be successfully rendered. The publication shall contain the full text
of the notice and shall be published at least once a week for three
(3) consecutive weeks on the same day of the week in some newspaper
of general circulation published in the appropriate County.
F.
Standards For Repair, Clean Up, Vacation And/Or Demolition. The following
shall be followed in substance by the Building Officer and the City
Administrator or their representative in ordering repair, clean up
and maintenance, vacation and/or demolition of any dangerous building:
1.
If the dangerous building can reasonably be repaired and/or cleaned up and maintained so that it will no longer exist in violation of the terms of Section 500.0045(B), it shall be ordered so repaired and/or cleaned up and maintained and such repair and/or clean up and maintenance shall be performed in full compliance with all requirements of the City.
2.
If the dangerous building is in such condition as to make it dangerous
to the health, safety, or welfare of its occupants, it shall be ordered
to be vacated, pending abatement of the nuisance.
3.
In any case where the dangerous building cannot be reasonably repaired or cleaned up and maintained so that the dangerous building will no longer exist in violation of the terms of Section 500.0045(B), the dangerous building shall be ordered demolished, (or in extenuating circumstances repaired), and such demolition or repair shall be performed in full compliance with all requirements of the Code, and in the event it is not repaired or demolished by the owner, then the City may abate the nuisance by demolition.
4.
In any case where the conditions constituting the public nuisance
are such that the costs to repair and/or clean up and maintain the
building or structure so that it will no longer constitute a public
nuisance equal or exceed fifty percent (50%) of the value of the dangerous
building, it shall be ordered demolished, (or in extenuating circumstances
repaired), and such demolition or repair shall be performed in full
compliance with all requirements of the Code, and in the event it
is not repaired or demolished by the owner, then the City may abate
the nuisance by demolition.
G.
Disregarding Notices Or Orders Hearings.
1.
Whenever there shall be a failure to obey a notice to abate a public nuisance issued as provided in Section 500.0045(D) by not commencing work and establishing an acceptable plan of action in the time specified in said notice, or there shall be a failure to proceed continuously with the work required therein without unnecessary delay to completion in strict compliance with the approved plan of action, the City Administrator shall call and preside over a full and adequate hearing upon the matter giving all interested parties as described above at least ten (10) days' written notice of the hearing; provided that if service is by publication, the publication shall contain the full text of the notice and shall be published at least once a week for three (3) consecutive weeks on the same day of the week in some newspaper of general circulation published in the appropriate County, and the time specified in the notice for a hearing to be held shall be at least thirty (30) days from the date of the first publication of notice. Any party may be represented by counsel, and all parties shall have an opportunity to be heard and present such evidence as shall be relevant to a determination of:
a.
Whether or not the building or structure involved is a dangerous building under the terms of Section 500.0045(B);
b.
Whether the procedure required by Section 500.0045(B) shall have been substantially followed; and
c.
Whether or not the abatement order was reasonable and within the standards of Section 500.0045(B).
2.
All testimony shall be under oath, which may be administered by the
City Administrator and a written record of the hearing shall be made
by the City Clerk or by the City Administrator's designee.
H.
Findings Of Hearing. Within thirty (30) days from the date of the hearing required by Section 500.0045(G), the City Administrator shall, upon the basis of competent and substantial evidence offered at the hearing, make a finding of fact as to whether or not the building or structure in question is a dangerous building under the terms of Section 500.0045(B) and detrimental to the health, safety, and welfare of the residents of the City, specifically finding as a matter of fact the condition or conditions of such building or structure which constitute the nuisance. If it is found that the building or structure is a dangerous building, further findings shall be made as to whether or not the procedures required by Section 500.0045(B) have been substantially met and complied with, and whether or not the abatement order of the Building Official or their designee to abate the nuisance conditions referenced in Section 500.0045(B) was reasonable in its terms and conditions and within the standards of Section 500.0045. If it is found that the abatement order was not reasonable or within the standards of Section 500.0045, it shall be the duty of the City Administrator to make his/her own findings of fact as to what is reasonably required to abate the public nuisance within the standards of Section 500.0045. If the City Administrator finds that a public nuisance does not exist or that the procedures of Section 500.0045 have not been substantially met and complied with, the proceedings against the building or structure shall be dismissed.
I.
Order
To Repair, Clean Up, Vacate And/Or Demolish.
1.
If a proceeding is not dismissed following the findings required by Section 500.0045(H), the City Administrator shall issue an order directing the building or structure to be completed, repaired, cleaned up and maintained and/or demolished and/or vacated, as the case may be, within the standards of Section 500.0045. This order, together with the findings of fact required by Subsection(H), shall be in writing and shall be immediately delivered or mailed to each party to the hearing or to his/her attorney of record by certified mail, return receipt requested. In addition, copies of the order and findings of fact shall be posted in a conspicuous place in the office of the City Administrator or his/her representative for a period of thirty (30) days from the date of issuance thereof. The order shall state a reasonable time which (except in cases of emergency) shall not be less than thirty (30) days from the date of issuance within which to comply with the order and shall further provide that if it is not complied with within such time, the City Administrator shall cause the work to be done by the City and its own crew or by contractors employed by the City for that purpose.
2.
If there shall be no contractor employed by the City for that purpose,
the City Administrator or his/her representative is hereby authorized
to enter into contracts not to exceed five thousand dollars ($5,000.00)
with persons engaged in the business of repairing or demolishing buildings
for the purpose of enforcing the order provided for in this Section
if there are sufficient funds provided for that purpose in the budget
or a supplemental appropriation. Additional contracts or contracts
for amounts in excess of five thousand dollars ($5,000.00) must be
approved by Council.
J.
Recording
Of Certificate Of Dangerous Building.
1.
After a building has been determined to be a dangerous building by the City Administrator, a "Certificate of Existence of Dangerous Building" will be filed and recorded in the office of the Recorder of Deeds or Director of Records of the County wherein the land is located. Such certificate shall set forth the address and description of the premises upon which such dangerous building is located, and a certification that such building thereon is dangerous within the provisions of Section 500.0045(B), and that the owner thereof has been given proper notice and ordered to repair or clean up and maintain and/or demolish such building. Such certification shall be made and signed by the City Administrator.
2.
The recording of a "Certificate of Existence of Dangerous Building"
shall place persons purchasing such property subsequent to such recording
on notice that such property has been declared a dangerous building
and ordered repaired, cleaned up and maintained or demolished. The
act of subsequent purchase shall not delay the processing or cause
a delay in such matter and shall not be an exception to the time requirements
of the notices provided herein.
3.
Upon application and after verification that the order of the City
Administrator to vacate, repair, clean up or demolish a dangerous
building has been complied with, the City Administrator shall issue
to the owner a "Release of Certificate of Existence of Dangerous Building"
which is in such form that it may be filed with and recorded by the
office of the Recorder of Deeds or Director of Records of the County
in which the land is located stating that the dangerous condition
has been abated.
K.
Payment
Of Costs.
1.
Unless the building or structure is demolished, secured or repaired by a contractor pursuant to an order issued by the City, and such contractor files a mechanic's lien against the property where the dangerous building is located, whenever the City shall have caused the work to be done as provided by Section 500.0045(I), the City Administrator shall certify the costs of the work to the City Clerk or finance officer who shall cause a special tax bill therefor and for the costs associated with the processing of the order to include publication, certified mail, and the inspector's time which shall be likewise certified by the City Administrator, to be issued against the lot, tract or parcel of land upon which the building or structure is located. The special tax bill from the date of its issuance shall be deemed a personal debt against the property owner, and in addition shall be a lien on the lot, tract or parcel of land until paid and shall be registered in the office of the City Clerk or Finance Officer of the City. The tax bill shall be collected by the City Collector or other official collecting taxes.
2.
If request for ten (10) annual payments is not made prior to the
time the City Administrator or his/her representative shall certify
the cost of the work to the City Clerk or Finance Officer, the tax
bill shall be payable in sixty (60) days from its date of issuance
with interest thereon at the maximum rate per annum allowable by law.
3.
Tax bills issued under Subsection (K) shall be prima facie evidence of the validity of the bill, the doing of the work and the liability of the property for the damages stated in the bill and shall be collected if default should occur by suit brought in a court of competent jurisdiction by the City Counselor on behalf of the City. Judgment in any such suit shall be special and against the property owner and against the property and shall be satisfied by sale of the property or so much thereof as is necessary to satisfy the judgment and the costs of the sale or by any other means available under law or equity.
L.
Failure
To Comply.
1.
Any owner of a dangerous building who shall fail to comply with an order of the City Administrator to vacate, repair, clean up and maintain and/or demolish said dangerous building or who fails to proceed continuously to vacate, repair, clean up and maintain and/or demolish the dangerous building without unnecessary delay shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as set forth in Section 500.0070 of this Code.
2.
The party in actual or constructive possession, or one who has a legal duty to act for a party, who fails to comply with an order of the City Administrator to vacate, repair, clean up and maintain and/or demolish a dangerous building shall be guilty of a misdemeanor and upon conviction shall be punished as set forth in Section 500.0070 of this Code.
3.
Any person who hinders, threatens or interferes with any inspector, contractor or any person working for a contractor having a permit to demolish a dangerous building or who removes a posted notice placed upon a dangerous building pursuant to this Section 500.0045 or otherwise violates any of the provisions of this Section 500.0045 shall be guilty of a misdemeanor and upon conviction shall be punished as set forth in Section 500.0070 of this Code.
4.
In no event shall the fine resulting from a conviction for violation of Section 500.0045 as described in Subsection (L)(1), (2), or (3) of this Section, exceed one thousand dollars ($1,000.00), unless the owner of the property is not also a resident of the property, then such fine may not exceed two thousand dollars ($2,000.00).
M.
The City's Right To File Action. In addition to any other remedy available at law or under this Section 500.0045, the City of shall have the right to file and prosecute a civil cause of action for abatement of any nuisance as defined in this Section 500.0045(B), and upon successful prosecution of such cause of action, the City of Peculiar shall have the right to be awarded and recover from any defendant to such an action, the City of Peculiar's legal costs incurred and reasonable attorney's fees incurred in connection with any and all such civil causes of action to abate any nuisance, in accordance to Missouri law as amended from time to time.
N.
Emergency
Measures. Where it reasonably appears there is an immediate danger
to the health, safety or welfare of any person, the Building Official
may take emergency measures to vacate and repair or demolish an unsafe
building, building use, structure, sign or appendage.
O.
Appeal. Any owner, occupant, lessee, mortgagee, agent or other person having an interest in the building or structure may appeal from the order and determination of the City Administrator made under the provisions of Subsection (I). The appeal shall be to the Circuit Court of Bates County as established in Chapter 536, RSMo.
[Ord. No. 10192015 §XIII, 10-19-2015]
A.
Connection Of Service Utilities. No person shall
make connections from a utility, source of energy, fuel or power to
any building or system which is regulated by this Chapter for which
a permit is required, until approved and released by the Building
Official.
B.
Temporary Connection. The Building Official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power, as required by Section 500.0075(A)(2) (a through d) for permits and limitations.
C.
Authority To Disconnect Service Utilities. The Building
Official shall have the authority to authorize disconnection of utility
service to the building, structure or system regulated by the technical
codes in case of emergency where necessary to eliminate an immediate
hazard to life or property. The Building Official shall notify the
serving utility, and wherever possible the owner and occupant of the
building, structure or service system of the decision to disconnect
prior to taking such action. If not notified prior to disconnecting,
the owner or occupant of the building, structure or service system
shall be notified, in writing, as soon as practical thereafter.
D.
Connection After Order To Disconnect. No person
shall make connections from a utility, source of energy, fuel or power
to any building or system which has been disconnected or ordered to
be disconnected by the Building Official or the use of which has been
ordered to be discontinued by the Building Official until the Building
Official authorizes the reconnection and use of such equipment.
[Ord. No. 10192015 §XIII, 10-19-2015]
A.
Procedure For Appeal Of Decisions Relating To The Building
Code. In order to hear and decide appeals of orders, decisions
or determinations made by the Building Official relative to the application
and interpretation of this Chapter, an application for appeal to the
Board of Adjustment shall be made within ten (10) days from the date
of the order, decision, or determination made by the Building Official.
B.
Except in cases designated as emergencies, an appeal to the Board
stays all enforcement of the determination from which the appeal is
being taken.
[Ord. No. 10192015 §XIII, 10-19-2015]
A.
Unlawful Acts. It shall be unlawful for any person,
firm, corporation, partnership, association, organization or government
agency properly regulated by the City to erect, construct, enlarge,
alter, repair, move, improve, remove, grade, excavate or add any fill
material, convert or demolish, equip, use, occupy, maintain or own
or cause land disturbances activities for any building, land, real
estate premises, sign structure or building service equipment or cause
or permit the same to be done in violation of this Chapter, or fail
to obey any order issued under the authority of the Building Official,
or fail to comply with the duties and responsibilities of a licensed
or registered contractor or licensed or registered supervisor.
B.
Separate Offense. Any person, firm, corporation,
partnership, association, organization or governmental agency properly
regulated by the City violating any of the provisions of this Chapter
shall be deemed guilty of an ordinance violation. Each and every day
or portion thereof during which any violation of any of the provisions
of this Chapter is committed, continued, or permitted shall be a separate
offense.
C.
Responsible Individual. The responsible individual(s)
of a corporation shall include any officer of a corporation or the
person in charge of the local office of such corporation.
[Ord. No. 10192015 §XIII, 10-19-2015]
A.
Any person, firm, or organization providing residential and/or commercial construction industry services, mechanical, plumbing or electrical contract or subcontract work within the City limits of Peculiar, shall obtain an occupational business license in accordance with Chapter 605 of the City Municipal Code.
B.
Exceptions to occupational business license:
1.
Permits for work as required by this Chapter may be issued to any person to do any work regulated by this Chapter in a single-family dwelling used exclusively for living purposes, including the usual accessory buildings, provided that such person is an owner of record of any such dwelling and accessory buildings, provided that the dwelling and accessory buildings are occupied by the owner, and provided that the owner and his or her immediate relative shall personally purchase all material and perform all labor in connection therewith. Where the work is included in a building permit issued according to this exception, the owner may contract and direct the work of building trades subcontractor(s), which are required to be licensed under Section 605.010.
2.
Public utility companies will not be required to obtain licenses
for their firms or corporations or for their employees when engaged
in the installation, operation, and maintenance of equipment which
will be used for the production, generation, transmission, or distribution
of the product or service from the source of the product or service
through the facilities owned or operated by such utility company to
the point of the customer service, including the metering.
3.
Provisions of this Chapter requiring employment of certified
or licensed mechanics, craftsman, or engineers shall apply to maintenance
or operation of equipment and accessories used for operations, production,
or processing by public utilities, government agencies, manufacturing
or processing plants, or commercial enterprises which maintain regular
maintenance and operating staff supervised by a professional engineer
registered by the State. However, work under such supervision shall
be performed to comply in all respects with all applicable provisions
of this Chapter, including provisions for permits and inspections.
5.
The owner of record may demolish any one-story building which
is less than one hundred twenty-one (121) square feet. Such work must
be done by the owner or by members of the owner's immediate family.
[Ord. No. 10192015 §XIII, 10-19-2015]
A.
General Penalty. Conviction of any violation of
this Chapter shall be punished by a fine of not more than two hundred
dollars ($200.00) for the first violation, two hundred seventy-five
dollars ($275.00) for the second violation, three hundred fifty dollars
($350.00) for the third violation, and four hundred fifty dollars
($450.00) for the fourth and any subsequent violations, for offenses
committed within a twelve-month period; by imprisonment of not more
than ninety (90) days, or by both such fine and imprisonment.
[Ord. No. 12052016 § XXXII, 12-5-2016]
B.
Penalties For Offenses Against The Code Enforcement System.
[Ord. No. 12052016 § XXXII, 12-5-2016]
1.
A person convicted of violating any of the following provisions
of this Chapter shall be punished as set forth in this Section:
a.
Violating an order to stop work issued pursuant to Section 500.0040(G).
c.
Failure to obtain a permit, or working without a permit, when required by this Chapter in addition to the fees of the Comprehensive Fee Schedule in Section 500.100.
d.
Failure to obtain an inspection when required by this Chapter.
e.
Failure to obtain a certificate of occupancy when required by this Chapter in addition to penalties in Section 500.0085(G).
f.
Failure to comply with all responsibilities of a licensed contractor, as set forth in Chapter 605.
g.
Failure to comply with all responsibilities of a holder of a certificate of qualification, as set forth in Chapter 605.
h.
Providing false information to the Building Official when submitting
an application for an occupational license, certificate of qualification,
or permit.
i.
Permitting occupancy of any structure for which a temporary certificate of occupancy has been issued and such temporary certificate of occupancy has expired in addition to penalties in Section 500.0085(G).
C.
Other Remedies. The imposition of penalties prescribed
in this Section shall not preclude the City Attorney from instituting
appropriate action, including equitable and extraordinary remedies,
to prevent any unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use, or to restrain, correct or
abate a violation, or to prevent the occupancy of a building or structure
or portion thereof, or of the premises, or to prevent an illegal act,
conduct of business or use in or about the premises.
[Ord. No. 10192015 §XIII, 10-19-2015]
A.
Authority Of Building Official; Duties Of Permittee.
1.
All construction or work for which a permit is required under
this Chapter shall be subject to inspection by the Building Official,
and all such construction or work shall remain accessible and exposed
for inspection purposes until approved by the Building Official.
2.
Approval as a result of an inspection shall not be construed
to be an approval of a violation of the provisions of this Chapter
or of any other ordinances. Inspection presuming to give authority
to violate or cancel the provisions of this Chapter or any other ordinances
shall not be valid.
3.
It shall be the duty of the permit holder to cause the work
to remain accessible and exposed for inspection purposes. Neither
the Building Official nor the City shall be liable for expense entailed
in the removal or replacement of any material required to allow inspection.
4.
A survey of the lot may be required by the Building Official
to verify that the structure is located in accordance with approved
plans.
5.
It shall be the duty of the permit applicant to install and maintain effective erosion and sediment control as specified in Section 3307 of the International Building Code and Chapter 425 of the City Municipal Code. Should it be found that required erosion and sedimentation control measures have not been installed, the Building Official may refuse any inspection requests for work requiring inspections until such time as the site complies with the requirements of this Chapter. Should it be found that the installed erosion and sediment control measures are ineffective or are not being maintained properly, the Building Official shall give notice to the permit holder. Subsequent inspections may be refused if the erosion and sediment control measures are ineffective, or not being maintained.
6.
Before issuing a permit, the Building Official is authorized
to examine or cause to be examined buildings, structures and sites
for which an application has been filed.
B.
Inspection Requests. It shall be the duty of the
person doing the work authorized by a permit to notify the Building
Official that such work is ready for inspection. The Building Official
may require that every request for inspection be filed at least one
(1) working day before such inspection is desired. Such request may
be in writing or by telephone at the option of the Building Official.
C.
Approval Of Successive Portions Of Work, Final Inspection.
1.
Work shall not be done beyond the point indicated in each successive
inspection without first obtaining the approval of the Building Official.
The Building Official, upon notification, shall make the requested
inspections and shall either indicate that the portion of the construction
or demolition is satisfactory as completed, or shall notify the permit
holder or an agent of the permit holder wherein the construction or
demolition fails to comply with this Chapter. Any portions of work
which do not comply shall not be covered or concealed until authorized
by the Building Official.
2.
There shall be a final inspection and approval of all buildings
and structures when completed and ready for occupancy and use.
D.
Required Inspections.
1.
Reinforcing steel or structural framework of any part of a building
or structure shall not be covered or concealed without first obtaining
the approval of the Building Official.
2.
The Building Official, upon notification from the permit holder
or permit holder's agent, shall make the following inspections and
shall either approve that portion of the construction or demolition
work as completed or shall notify the permit holder or permit holder's
agent wherein the construction or demolition work fails to comply
with this Chapter:
a.
Footing or foundation inspection. A footing
and foundation inspection shall be made after excavations for footings
are complete and any required reinforcing steel is in place. For concrete
foundations, any required forms shall be in place prior to inspection.
All materials for the foundation shall be on the job; except, where
concrete is ready-mixed in accordance with ASTM C94, the concrete
need not be on the job. Where the foundation is to be constructed
of approved treated wood, additional inspections may be required by
the Building Official.
b.
Concrete slab or under-floor inspection. Concrete
slab and under-floor inspection shall be made after all in-slab or
under-floor reinforcing steel and building service equipment, conduit,
piping accessories and other ancillary equipment items are in place
but before any concrete is poured or floor sheathing installed, including
the subfloor.
c.
Pre-backfill. A pre-backfill inspection shall
be made after the foundation drainage and damp-proofing systems are
complete and prior to backfilling.
d.
Rough-in inspection. A rough-in inspection
shall be made after such work as framing, fireblocking, roof, piping,
vents, ductwork, chimneys, wiring, building service equipment, etc.,
are in place and prior to concealment.
e.
Fire resistive rated assembly. A fire resistive
rated assembly inspection shall be made at such time so as to verify
that the construction of each fire resistive rated assembly is in
accordance with its listing.
f.
Fire resistant penetrations. An inspection
shall be made of the firestopping or fireblocking of all penetrations,
joints, etc., prior to concealment.
g.
Masonry throat inspection. For masonry fireplaces
only, a masonry throat inspection shall be made after the firebox
is built and the first flue liner is in place. Construction of chimney
may not continue until this inspection is approved.
h.
Utility connection inspection. Gas or electric service inspections shall be made prior to connection to the utility source. See Section 500.0050 of this Article.
i.
Performance tests. Performance tests shall
be conducted by the permit holder as required by this Chapter, or
as otherwise required by the Building Official.
j.
Demolition (basement and sewer) inspection. A basement and sewer inspection shall be made prior to the filling
of the excavation and/or final grading of the property.
k.
Final inspection. A final inspection shall
be made after all work under permit has been completed for the building,
tenant space or demolition.
E.
Other Inspections. In addition to the inspections specified in Subsection (D) of this Section, the Building Official may make or require other inspections of any construction or demolition work to ascertain compliance with the provisions of this Chapter or any other ordinances.
F.
Building Service Equipment Inspection. The requirements
of this Section shall not be considered to prohibit the operation
of any building service equipment installed to replace existing building
service equipment serving an occupied portion of the building if a
request for inspection of such building service equipment has been
filed with the Building Official not more than forty-eight (48) hours
after such replacement work is completed, and before any portion of
such building service equipment is concealed by any permanent portion
of the building.
G.
Periodic Inspections.
1.
Elevators. All elevator equipment, vertical
and inclined, shall be inspected as required by State law, by persons
authorized to make periodic inspections and tests.
2.
Existing commercial buildings or spaces.
a.
Generally. All new and existing commercial
buildings or spaces shall be inspected for structural adequacy, occupancy
use, building service equipment, etc, at least once every five (5)
years. A report of the findings of such inspection shall verify the
conditions found on each occasion. The report shall state that, in
the opinion of the Building Official or an authorized agent, the commercial
building or space is safe and in such condition that it is in code
compliance for which it was originally designed with any repairs or
modifications, or what areas require repair before such certification
can be given.
b.
Issuance of certificate of inspection. Where
the inspection indicates that the commercial building or space is
in a safe operating condition, and, in the case of a new installation,
conforms to this Chapter and this Article, a certificate of inspection
shall be issued to the owner or the owner's agent. Such certificate
shall be maintained in an appropriate location.
c.
Revocation of certificate of inspection. Any
certificate issued may be revoked if it is determined that the commercial
building or space is not in compliance with this Chapter, and/or the
owner or owner's agent has taken no action to correct or abate any
violation(s) when notified by the Building Official.
[Ord. No. 10192015 §XIII, 10-19-2015]
When required by the Building Official, and in addition to the inspections required by Section 500.0075, the owner or the engineer or architect of record acting as the owner's agent shall employ one or more special inspectors, who shall provide inspections during construction on the types of work listed in Chapter 17 of the International Building Code. All special inspection activities shall be in accordance with the policies established by the Building Official.
[Ord. No. 10192015 §XIII, 10-19-2015]
A.
Required. No building or structure shall be used
or occupied, and no change in the existing occupancy classification
of a building, structure or portion thereof shall be made, until the
Building Official has issued a certificate of occupancy therefor as
provided in this Section. Issuance of a certificate of occupancy shall
not be construed as an approval of a violation of the provisions of
this Chapter or of any other ordinances. Certificates presuming to
give authority to violate or cancel the provisions of this Chapter
or any other ordinances shall not be valid.
B.
Change In Use. Changes in the character or use of
a building shall not be made except as specified in the City of Peculiar
Municipal Code, Zoning Regulations.
C.
Issuance; Contents. It shall be the responsibility
of the permit holder to request a final inspection and to apply for
a certificate of occupancy when required. The permit holder shall
be excused from this responsibility only if the owner of property
has applied for and secured a certificate of occupancy. After the
Building Official or an authorized representative inspects the building
or structure and finds no violations of the provisions of this Chapter
or other laws which are enforced by the City, the Building Official
shall issue a certificate of occupancy, which shall contain the following:
1.
The building permit number.
2.
The address of the structure.
3.
A description of that portion of the structure for which the
certificate is issued.
4.
A statement that the described portion of the structure has
been inspected for compliance with the requirements of this Chapter
for the occupancy and the use for which the proposed occupancy is
classified.
5.
The name of the Building Official.
6.
The edition of the code under which the permit was issued.
7.
The use and occupancy, in accordance with the provisions of
Chapter 3 of the International Building Code.
8.
The type of construction as defined in Chapter 6 of the International
Building Code.
9.
Any special stipulations and conditions of the building permit.
10.
Whether an automatic sprinkler system is provided throughout
the building.
D.
Temporary Certificate Of Occupancy In Commercial Construction. If the Building Official finds that no substantial hazard will result
from occupancy of any building or portion thereof before the building
is completed, a temporary certificate of occupancy may be issued for
the use of a portion of a building or structure prior to the completion
of the entire building or structure.
E.
Temporary Certificate Of Occupancy In Residential Construction. The Building Official is authorized to issue a temporary certificate
of occupancy before the completion of the entire work covered by the
permit, provided the following conditions have been met:
1.
Such portion or portions of work covered by the permit shall
be occupied safely.
2.
The owner, licensed building or general contractor pay a one
thousand dollar ($1,000.00) bond that shall be refundable upon issuance
of a permanent certificate of occupancy.
3.
The Building Official determines in his or her professional
opinion the work items to be completed are of such a nature as to
not create a situation that is of any danger to the public health,
safety, or welfare.
|
The Building Official shall identify what work items must be
completed in order for a permanent certificate of occupancy to be
issued. All identified work items shall be completed within the time
period established by the Building Official.
| |
|
The Building Official shall set a time period of no more than one hundred twenty (120) days during which the temporary certificate of occupancy is valid. If all of the identified work items are not completed within the specified time period as established by the Building Official, the temporary certificate of occupancy becomes null and void; the owner, licensed builder or general contractor shall forfeit the one thousand dollar ($1,000.00) bond and shall be subject to the violations and penalties in Subsection (F) and (G) below.
|
F.
Violations. It shall be unlawful for:
1.
A permit holder or building owner to permit occupancy of a structure
before a certificate of occupancy is issued.
2.
A permit holder or building owner to permit occupancy of any
structure for which a temporary certificate of occupancy has been
issued and the temporary certificate has expired.
3.
Any person to occupy any structure for which a certificate of
occupancy has not been issued.
4.
Any person to occupy any structure for which a temporary certificate
of occupancy has been issued and the temporary certificate has expired.
G.
Penalties.
[Ord. No. 12052016 § XXXIII, 12-5-2016]
1.
No building or owner shall allow any person or persons to occupy
any newly constructed, remodeled dwelling or building prior to final
inspection (certificate of occupancy) by the Building Official or
authorized agent in the Building Department, which inspection shall
be requested at least twenty-four (24) hours prior to time of final
inspection. Any violation of this Subsection shall incur a fine of
two hundred dollars ($200.00) against the offending party's next permit
to build.
2.
Should the same builder or owner be found guilty a second time
of the offense described above within a twelve-month period, a fine
of two hundred seventy five dollars ($275.00) against the offending
party may be assessed to the builder's or owner's next permit to build.
3.
Should the same builder or owner be found guilty a third time
of the offense described above within a twelve-month period, a fine
of three hundred and fifty dollars ($350.00) against the offending
party may be assessed to the builder's or owner's next permit to build.
Additionally, said builder or owner may be prohibited from obtaining
a building permit within the City of Peculiar for a period of one
(1) year from the date of the third violation at the discretion of
the Building Official. Said builder or owner may appeal the Building
Official's decision to Board of Adjustment.
4.
No further building permit(s) shall be issued in Peculiar to
a builder or owner who violates this Section of City Code by not obtaining
the required certificate of occupancy. When said structure(s) which
is/are in violation is issued a certificate of occupancy, then said
builder or owner is again eligible for further building permits. A
re-inspection fee shall be charged, minimum two-hour fee, to the builder
or owner of a structure which violates this Section of Code and desires
an inspection after said structure is inhabited.
H.
Suspension Or Revocation. The Building Official may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this Chapter whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any provisions of this Chapter, or other pertinent laws or ordinances within this code. The holder of a suspended certificate of occupancy may request a hearing before the Board of Adjustment, as established in Section 400.2300 of the City Municipal Code, to consider the suspension or revocation of a certificate of occupancy.
