City of Maysville, MO Property Maintenance

Editor's Note: See also Ch. 505, Dangerous Buildings, of this Code.

[Ord. No. 1993-36 § 2, 5-3-1993]

Meaning Of Certain Words. Whenever the words "dwelling," "dwelling unit," "lot," "parcel," "plot," "rooming house," "rooming units," or "premises," are used in this Article, they shall be construed as though they were followed by the words "or any part thereof."

The following definitions shall apply in the interpretation and enforcement of this Article:

ACCESSORY STRUCTURE

A detached structure located on or partially on any premises which is not used or not intended to be used for living or sleeping by human occupants.

APARTMENT HOUSE

A building containing more than three (3) dwelling units, whether designated as apartment house, apartment hotel, tenement, garden apartment, by any other name.

BASEMENT

A portion of a building located partly underground, but having more than half its clear floor-to-ceiling height below the average grade of the adjoining ground.

BOARDING OR ROOMING HOUSE

A building in which are provided sleeping accommodations for rent to more than five (5) persons on either a transient or permanent basis, with or without meals, but without providing kitchens for individual units.

BUILDING OFFICIAL

The City Building Inspector, or his/her designated representative. The City Building Inspector, or his/her designated representative is hereby empowered to enforce building, zoning or similar laws of this code.

DANGEROUS STRUCTURES

All or part of any building or structure (including among others a fence, billboard, or sign) or the equipment for the operation thereof (including, but not limited to the heating plant, plumbing, electric wiring, moving stairways, elevators and fire extinguishing apparatus) which shall be found, in the opinion of the Health Officer or Building Official, to be in an unsafe, deteriorated or otherwise dangerous condition to life, limb or property.

DORMITORY

A building or portion thereof in which group sleeping accommodations are provided for more than five (5) persons not members of the same family in one (1) room or in a series of closely associated rooms under joint occupancy and single management, including but not limited to college dormitories, fraternity houses, barracks and convents.

DWELLING

Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants, provided that temporary housing as hereinafter defined shall not be regarded as a dwelling.

DWELLING UNIT

Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.

EXTERMINATION

The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination methods, approved by the Health Officer.

FLUSH WATER CLOSET

A toilet bowl flushed with water under pressure with a water-sealed trap above the floor level. Such toilet bowls shall have a smooth, easily cleanable surface.

GARBAGE

The animal and vegetable waste resulting from the growing, handling, preparation, cooking and consumption of food.

HABITABLE ROOM

A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces.

HEALTH OFFICER

For purposes of this Article and enforcement thereof, shall be the City Building Inspector or his/her designated representative.

HOTEL or MOTEL

Every building or other structure kept, used, maintained, advertised or held out to the public to be a place where sleeping and other accommodations are offered for pay, principally to transient guests, in which ten (10) or more persons are accommodated or five (5) or more rooms are used principally for the accommodation of transient guests, with or without one (1) or more dining rooms or cafes where meals or lunches are served to each guest, together with any buildings in connection thereof.

INFESTATION

The presence, within or around a dwelling, of any insects, rodents, or other pests.

KITCHEN

Any rooms containing any or all of the following equipment, or area of a room within three (3) feet of such equipment: sink and/or other device for dishwashing, stove or other device for cooking, refrigerator or other device for cool storage of food, cabinets and/or shelves for storage of equipment and utensils, and counter or table for food preparation.

MULTIPLE DWELLING

Any dwelling containing more than two (2) dwelling units.

NUISANCE

A condition upon property which is detrimental to the health and safety of the public, including, but not limited to, the following:

Any public nuisance known at common law or in equity jurisprudence.

Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations; abandoned refrigerators and junked motor vehicles; or any structurally unsound structures or fences; or any lumber, trash, fences, debris, or vegetation which may prove a hazard for inquisitive minors.

Any condition which is dangerous to human life or is detrimental to health, as reasonably determined by the Health Officer or as herein defined.

Overcrowding a room with occupants as defined below.

Insufficient ventilation or illumination.

Inadequate or unsanitary sewage or plumbing facilities.

Any unsanitary condition determined by Health Officer.

Any condition which renders air, food or drink unwholesome or detrimental to the health or human beings, as reasonably determined by the Health Officer.

All dwellings, dwelling units, yards, courts, lots and properties of any kind which do not meet the minimum requirements of this Article, or which have in existence upon such properties, and condition or conditions prohibited by this Article.

OCCUPANT

Any person, over one (1) year of age, living, sleeping, cooking, or eating in or having actual possession of a dwelling unit or rooming unit.

OPERATOR

Any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.

ORDINARY MINIMUM WINTER CONDITIONS

The temperature, fifteen degrees Fahrenheit (15° F.) above the lowest recorded temperature for the previous ten-year period.

OWNER

Any person alone or jointly or severally with others:

Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or

Shall have charge, care or control of any dwelling or dwelling unit as the owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this Article, and of rules and regulations adopted pursuant thereof, to the same extent as if he/she were the owner.

PERMISSIBLE OCCUPANCY

The maximum number of persons permitted to reside in a dwelling unit or rooming unit.

PERSON

Includes any individual, firm corporation, trust, association, partnership or joint venture.

PLUMBING

Those items regulated by the Plumbing Code[1] and mechanical code of the City of Maysville, Missouri, and including, but not limited to, all of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal unit, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, drains, vents and any other similar supply fixtures, together with all connections to water, sewer or gas lines.

PREMISES

A platted lot or unplatted lot or parcel of land or plot of land, either occupied or unoccupied by any dwelling or non-dwelling structure and includes any such building, accessory structure or other structure thereon or part of the foregoing.

REFUSE

All putrescible and non-putrescible solid (except body wastes) including garbage, rubbish, ashes and dead animals.

ROOMING HOUSE

Any dwelling or that part of any dwelling containing one (1) or more rooming units, and/or one (1) or more dormitory rooms.

RUBBISH

Combustible and noncombustible waste materials, except garbage; and the term shall include the residue from the burning of wood, coal, coke, and other combustible material, paper, rugs, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust.

SAFETY

The condition of being free from danger and hazards which may cause accidents or disease.

STRUCTURE UNFIT FOR HUMAN OCCUPANCY

Any structure which the Health Officer or Building Official finds that constitutes a hazard to the safety, health or welfare of the occupants or to the public because it lacks maintenance; or is in disrepair, unsanitary, vermin-infested or rodent-infested; or because it lacks the sanitary facilities or equipment, or otherwise fails to comply with the minimum provisions of this code.

SUBSTANDARD

Those deficiencies as described in this Article.

TEMPORARY HOUSING

Any tent, trailer, or other structure unused for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utility system on the same premises for more than thirty (30) consecutive days.

UNLAWFUL STRUCTURE

Any structure, or any part thereof, which was erected, altered or otherwise occupies contrary to this Article or any other applicable provision of law.

UNSANITARY

A state or condition commonly identified to be hazardous to individual or public health, welfare or safety.

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Editor's Note: See Art. II of this Chapter.