[R.O. 1993 § 510.010; Ord. No. 286 § 1, 5-23-1977]
This Chapter shall be known and cited as "The Housing Code."
[R.O. 1993 § 510.020; Ord. No. 286 § 2, 5-23-1977; Ord. No. 584 § 2, 2-19-1996]
For the purpose of this Chapter, the following words and phrases shall have the meaning 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.
- A level of a dwelling having part but not more than one-half (1/2) of its height above grade. A basement shall not be counted as a story and its space shall not be restricted as habitable space for the purposes of occupancy permits.
- 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.
- CHANGE OF OCCUPANCY
- Any circumstances wherein the composition of the residents of a dwelling unit changes either through the sale, 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 510.150, Occupancy Permit, for a limited, specified length of time.
- The condition or appearance of a building or part thereof, characterized by evidence of physical decay or neglect, excessive use, or lack of maintenance.
- A structure or portion thereof, which is wholly or partly designed for or used for human habitation.
- 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 Building Commissioner of the City of Bel-Nor or his/her authorized representatives.
- 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.
- 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 Board of Aldermen of the City of Bel-Nor.
- A group of one (1) or more persons occupying a premises and
living as a single non-profit housekeeping unit and whose relationship
with one another descends from an immediate common ancestor, is by
marriage or is by a parent/child relationship. A family may include
not more than one (1) additional person not related to the family.
The total number of occupants shall not exceed the maximum occupancy
for the structure based on the size of the structure. A family shall
not be construed or interpreted to include a group of university students
or members of any society, organization, fraternity, sorority, class
or other numbers of persons who may reside in a dwelling as a single
housekeeping unit, unless related as provided in this definition.
This definition shall apply when interpreting provisions relating
to zoning, occupancy, and building regulations.[Ord. No. 974 § 2, 6-19-2017]
- An independent structure forming a barrier at a grade between lots, between lot and street or an alley, or between portions of a lot or lots. A barrier includes a wall or latticework screen but excludes a hedge or natural growth or a barrier less than eighteen (18) inches in height which is used to protect plant growth.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food.
- 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.
- 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 compartment, 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.
- The presence with or contiguous to a structure or premises of insects, rodents, vermin or other pests.
- A space of not less than fifty (50) square feet 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 Section 510.150, Occupancy Permit.
- 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.
- Any person who has charge, care or control of a building, or part thereof, which is let or offered for occupancy.
- Any person, firm or corporation who, alone, jointly, or severally with others shall be in actual possession of, or have charge, care or control of any dwelling or dwelling unit within the City of Bel-Nor as owner, employee or agent of the owner, or an Alderman or guardian of the estate or person of the title holder, and such person shall be bound to comply with the provisions of this Chapter to the same extent as the owner.
- A corporation, firm, partnership, association, organization and any other group acting as a unit, as well as any individual. It shall also include an executor, administrator, Alderman, receiver, or other representative appointed according to law. Whenever the word "person" is used in any Section of this Chapter prescribing a penalty or fine, as to partnerships or associations, the word shall include the partners or members thereof, and as to corporations, shall include the officer, agents or members thereof who are responsible for any violation of such Section.
- Facilities and equipment, including, but not limited to, the following: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, toilets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures, together with all connections to water, dryer, vent or gas lines.
- A lot, plot or parcel or land or any part thereof including the buildings or structure thereon.
- Any material furnished, supplied, paid for or under the control of the owner.
- PUBLIC HALL
- A hall, corridor or passageway for egress from a dwelling not within the exclusive control of one (1) family or dwelling unit.
- To restore to a sound and acceptable state of operation, serviceability or appearance. Repairs shall be expected to last approximately as long as would the replacement by new items.
- To remove an existing item or portion of a system and to construct or install a new item of similar or improved quality as the existing item when new. Replacement will ordinarily take place when the item is beyond repair.
- Non-putrescible solid wastes consisting of both combustible and non-combustible wastes.
- Anything constructed or erected which requires location on the ground or is attached to something having location on the ground, including a fence or freestanding wall. A sign, billboard or other advertising medium, detached or projecting, shall be construed to be a structure.
- STUDENT HOUSING
- Not more than three (3) persons not related by blood or marriage
within the third degree of consanguinity or affinity, living together
as a single non-profit housekeeping unit in a dwelling unit.[Ord. No. 974 § 3, 6-19-2017]
- All structures which do not conform to the minimum standards established by this Chapter or any other ordinance.
- Paid for, installed, furnished or provided by or under the control of the owner or operator.
- The process of supplying and removing air by natural or mechanical means to or from any space. Ventilation by power driven devices shall be deemed mechanical ventilation. Ventilation by opening to outer air through windows, skylights, doors, louvers, or stacks without wind driver device shall be deemed natural ventilation.
- An open space at grade on the same lot as a building or structure located between the main building and the adjoining lot line and/or street line. The measurement of a yard shall be the minimum horizontal distance between the lot line and the building or structure.
[R.O. 1993 § 510.030; Ord. No. 303 § 1, 5-22-1978]
Every building or its premises designed or 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. 1993 § 510.040; Ord. No. 286 § 4, 5-23-1977]
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 the provisions of this Chapter. In any case where a provision of this Chapter is found to be in conflict with a provision of any zoning, building, fire, safety, or health ordinance or Code of the City of Bel-Nor existing on May 23, 1977, the provision of which establishes the higher standard for the promotion and protection of the safety and health of the people shall prevail.
[R.O. 1993 § 510.050; Ord. No. 286 § 5, 5-23-1977; Ord. No. 303 § 2, 5-22-1978; Ord. No. 377 § 1, 6-24-1985; Ord. No. 578 § 1, 11-20-1995; Ord. No. 644 § 1, 5-12-1998; Ord. No. 659 § 1, 2-15-1999; Ord. No. 788 § 1, 7-18-2005]
Applicability. No person shall possess, keep, occupy or maintain any building, either designed, used or held out for use as a dwelling that does not conform to the requirements of the following Subsections of this Section. It shall be unlawful for each and every person of the age of majority having any interest in any such dwelling, whether as an owner, lessor, lessee, landlord, tenant or one in possession, occupancy or control of such premises to fail to comply with the provisions of this Section and all of the terms and provisions of this Chapter and of the findings, orders and regulations made and adopted pursuant hereto by any authorized representative of the City of Bel-Nor.
Foundation, Exterior Walls And Roofs. The foundation, exterior walls and roof shall be substantially watertight, weathertight and protected against rodents and shall be kept in sound condition and repair. The foundation elements shall adequately support the building at all points. Every exterior wall shall be maintained in a sound condition or repair and shall be free of any other condition which admits rain or dampness to the interior portions of the building. All exterior surface material must be treated, painted in a workmanlike manner, or otherwise maintained in a sound condition. Gutters are required on all sides of the structure at the roof line; gutters shall be adequately maintained so that roof drainage is adequate to prevent rainwater from causing dampness in the walls. Adequate downspouts are required to effectuate roof drainage via the gutters. Roof of all buildings shall be either of tile, of slate or of built-up, fireproof, sealed down shingles which are rated Class "A" with a twenty-five-year guarantee. No person, firm or corporation shall reconstruct or replace any roof without first obtaining a permit for said reconstruction or replacement from the City's Building Commissioner. The Building Commissioner may order any roofing materials which are placed or installed in violation of this Section removed and replaced by materials satisfying the requirements hereof. All cornices, rustications, quoins, moldings, belt courses, lintels, sills, oriel windows, pediments, gutters and similar projections shall be kept in good repair and free from defects which make them hazardous and dangerous.
Floors, Interior Walls And Ceilings. Every floor, interior wall, and ceiling shall be adequately protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotting floor boards. Every interior wall and ceiling shall be free of large cracks and holes, and shall be free of loose plaster or other structural or surface materials. Every toilet room and bathroom floor surface shall be substantially impervious to water and be capable of being maintained easily in a clean and sanitary condition. Toxic paint and materials shall not be used where readily accessible to children.
Windows, Doors, And Hatchways. Every window, exterior door, and basement hatchway shall be substantially tight and shall be kept in sound condition and repair. Every window shall be fully supplied with window panes which are without cracks or holes. Every window sash shall be in good condition and fit reasonably tight within its frame. Every window, other than a fixed window, shall be capable of being easily opened and shall be held in position by window hardware. Every exterior door, door hinge, and door latch shall be in good condition. The lowest level of every exterior doorway shall be no more than ten (10) inches from the level of the adjoining ground or no more than ten (10) inches from the first tread of an adjoining stairway which shall provide direct access to ground level. Every exterior door, when closed, shall fit reasonably well within its frame. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, and substantially to exclude wind from entering the dwelling. Every basement hatchway and window shall be so constructed, screened or maintained as to prevent the entrance of rodents, rain, and surface drainage water into the building.
Exterior Appearances. Exterior appurtenances, including, but not limited to, screens, awnings, trellises, antennas, satellite dishes, storm windows and storm doors shall be installed in a safe and secure manner and shall be maintained in sound condition.
Stairway And Porches. Every stairway, inside or outside of the dwelling, and every porch, shall be kept in safe condition and sound repair. Every flight of stairs and every porch floor shall be free of deterioration. Every stairwell and every flight of stairs which is more than four (4) risers high shall have a rail not less than two and one-half (2 1/2) feet high, measured vertically from the nose of the tread to the top of the rail; and every porch which is more than four (4) risers high shall have a rail not less than two and one-half (2 1/2) feet above the floor of the porch. Every rail and balustrade shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled more than one (1) inch out of its intended position or have pulled away from supporting or adjacent structures. No flight of stairs shall have rotting, loose, or deteriorating supports. The treads and risers of every flight of stairs shall be uniform in width and height. Every stair tread shall be strong enough to bear a concentrated load of at least four hundred (400) pounds. Every porch shall have a sound floor. No porch shall have rotting, loose, or deteriorating supports.
Basements And Garden Levels. Every basement and garden level shall be maintained in a safe and sanitary condition. Water shall not be permitted to accumulate or stand on the floor. All sewer conditions shall be properly trapped. All slab drains shall be covered with grating. Junk, rubbish and waste shall not be permitted to accumulate to such an extent as to create fire hazard or to endanger health or safety.
Facilities, Equipment And Chimneys. Every supplied facility, fixture, system, piece of equipment or utility, and every chimney flue shall be maintained in a safe, sound and sanitary working condition, consistent with the requirements of this Chapter.
Driveways. Driveways shall be paved and maintained in good repair free of safety hazards.
Yards. All areas which are not covered by lawn or vegetation shall be treated to prevent dust or the blowing or scattering of dust particles into the air. All trees, bushes or vegetation which overhang a public thoroughfare shall be properly trimmed to avoid obstruction of the view and movements of vehicles and pedestrians. Hazardous dead trees and shrubs shall be promptly removed.
Infestation. Each dwelling and all exterior appurtenances on the premises shall be adequately protected against insects, rats, mice, termites, and other vermin infestation. Building defects which permit the entrance of insects, rats, mice, termites, and other vermin shall be corrected by the owner. Tenants shall be responsible for the elimination of rodents and vermin from that part of the premises under their exclusive control, except when more than one (1) unit is infested at the same time and in this instance the owner shall be responsible for elimination of the infestation.
[R.O. 1993 § 510.060; Ord. No. 286 § 6, 5-23-1977]
Space Requirements. Every dwelling unit shall contain a minimum gross floor area of not less than one hundred fifty (150) square feet for the first occupant, and one hundred (100) square feet for each additional occupant. The floor area shall be calculated on the basis of the total area of all habitable rooms.
Required Space In Sleeping Rooms. In every dwelling unit, every room occupied for sleeping purposes shall have a minimum floor area of at least seventy (70) square feet for each occupant thereof. Every room occupied for sleeping purposes must have a minimum of six (6) square feet of closet space opening into the room. Every room used for sleeping purposes shall have access to at least one (1) water closet without passing through another room used for sleeping purposes. No part of the living room, kitchen, basement, or dining room may be counted as part of the required space for sleeping purposes.
Bathrooms. Every dwelling unit shall contain a bathroom which affords privacy to a person within said room and which is equipped with a flush water closet, a tub or shower, and a lavatory basin. Every dwelling unit shall contain at least one (1) bathroom and dwelling units with more than five (5) occupants shall contain an additional bathroom for each additional four (4) occupants. [One full bath for five (5), a bath and a half up to seven (7), and for eight (8) and nine (9) persons, two (2) full baths. For every four (4) persons in addition to nine (9), one full bath, i.e., for twelve (12), three (3) full baths.]
Habitable Rooms. Habitable rooms shall have a clear ceiling height of not less than eight (8) feet, except that in attics or top-half stories the ceiling height shall be not less than eight (8) feet over not less than one-third (1/3) of the area when used for sleeping, study or similar activity.
[R.O. 1993 § 510.070; Ord. No. 286 § 7, 5-23-1977]
Public Halls. All habitable rooms, passageways and stairways shall be provided with electrical fixtures so that they can be adequately lighted at night. A minimum of five (5) footcandles of daylight or artificial illumination shall be required at all times in all public halls.
Natural Lighting. All habitable rooms, except as otherwise provided in this Chapter, shall be provided with a means of transmitting natural light from outside with the following requirements:
Window Area. Every habitable room shall have at least one (1) window or skylight of approved size facing directly to the outdoors, except in kitchens where artificial light may be provided in accordance with the provisions of the Building Code. The minimum total window area, measured between stops, for every habitable room shall be at least five percent (5%) of the floor area of such room and not less than five (5) square feet. Whenever walls or other portions of a structure face a window or any room and such obstructions are located less than five (5) feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area for the room.
Windows Leading To Porches. Whenever the natural light area opening from a habitable room is to be an enclosed porch, such area shall not be counted as a required light area unless the enclosed porch has a natural light area of at least thirty percent (30%) of the floor area of the room in question.
[R.O. 1993 § 510.080; Ord. No. 286 § 8, 5-23-1977]
Generally. It shall be unlawful to occupy or permit another to occupy any dwelling unit for the purpose of living therein which is not adequately and safely provided with an electrical system in compliance with the requirements of this Section.
Minimum Requirements. The following shall be considered as absolute minimum requirements: Conditions such as size of the dwelling unit and usage of appliances and equipment within the unit shall be used as the basis for requiring additional electrical works.
Deficiencies. Wherever it is found, in the judgement of the Enforcement Officials, that the electrical system in the building constitutes a hazard to the occupants of the building by reason of inadequate service, improper fusing, improper or inadequate grounding of the system, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the defects shall be corrected to eliminate the hazard. The Enforcement Official shall base his/her findings of hazard on accepted engineering practice standards as listed in the latest edition of the National Electrical Code of the National Electrical Contractors Association.
Number Of Electrical Outlets. Every habitable room shall contain not less than two (2) separate and remote wall or approved floor convenience outlets, one (1) of which may be a ceiling or wall-type electric light fixture. Every kitchen shall be provided with at least three (3) separate and remote wall-type electric convenience outlets, one (1) of which may be a ceiling or wall-type electric light fixture.
Laundry Area. Every laundry area shall contain at least one (1) grounded type convenience outlet.
Non-Habitable Space. Every bathroom, laundry room, furnace room, and public hall shall contain not less than one (1) ceiling or wall lighting fixture.
Good Working Order. Every outlet and fixture shall be properly installed, shall be maintained in good and safe working condition, and shall be connected to the source of electric power in a safe manner.
"Hazards" Defined. In addition to the hazards established by the Enforcement Official, the following installations are prohibited and their presence shall be deemed a hazard:
Flush or semi-flush mounted floor convenience outlets, unless provided with an approved waterproof cover.
Extension cords for other than short-term, temporary use.
Conductor supported pendant switches or conductor supported light fixtures.
Loose or hanging wires.
Frayed or bare wires.
Inadequately grounded, grounded type convenience outlets.
[Ord. No. 964, 1-30-2017]
All detached garages that are without electrical service and GFCI outlets shall remain during the life of the structure, even at the time of a change of occupancy or sale.
The exception is void if the structure suffers damage more than fifty percent (50%) or is a total loss by fire, vandalism, explosion or other casualty loss. If the structure is reconstructed on the same site, then all Code requirements shall apply.
[R.O. 1993 § 510.090; Ord. No. 286 § 9, 5-23-1977]
Scope. No person shall occupy or owner-occupy or let to another for occupancy any dwelling or dwelling unit which does not comply with the following requirements regarding water facilities:
Bathrooms. Every dwelling unit shall contain a room which affords privacy to a person within said room and which is equipped with a flush water closet, lavatory basin and bathtub or shower, all of which are in good working condition and are properly connected to hot and cold water lines and to an approved water and sewer system.
Kitchen Sink. Every dwelling unit shall contain a kitchen sink apart from the lavatory basin required which is in good repair and in working condition, properly connected to hot and cold water lines and to an approved water and sewer system.
Water Heating Facilities. Every dwelling unit shall have supplied water heating facilities which are properly installed and are maintained in safe and good working condition, capable of heating water to a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than one hundred twenty degrees Fahrenheit (120° F.).
Plumbing Fixtures. Every dwelling unit and structure covered by this Chapter shall have water lines, plumbing fixtures, vents, and drains which are properly installed, connected and maintained in working order and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which they are designed. All repairs and installations shall be made in accordance with the provisions of the Building Code or Plumbing Code of the City of Bel-Nor.
[R.O. 1993 § 510.100; Ord. No. 286 § 10, 5-23-1977; Ord. No. 374 § 1, 1-24-1985]
Applicability. Every dwelling unit shall have heating facilities which are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments within its walls to a temperature of at least seventy degrees Fahrenheit (70° F.) when the outside temperature is ten degrees below zero (-10° F.), and a temperature of at least sixty degrees Fahrenheit (60° F.) when the outside temperature is less than ten degrees below zero (-10° F.).
Prohibited Equipment. Gas appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this Section. Portable heating equipment employing a flame and the use of liquid fuels or coal does not meet the requirements of this Chapter and is prohibited.
Good Working Condition. The owner shall see that the heating facilities shall be properly installed, safely maintained and in good working condition.
Prohibited Fuel. The following fuels may not be used as a fuel for use in appliances for heating, cooking, refrigeration, or water heating: liquefied petroleum gas "LP gas" and "LPG," propane propylene, butane, isobutane, butylene gasoline or kerosene. None of these fuels shall be stored except in storage containers or systems having a water capacity of five (5) gallons or less and approved for use by the Missouri Agricultural Department, meet the requirements of the National Fire Protection Association (NFPA) Manual No. 54, National Fuel Gas Code, or has been approved by the Building Inspector. Such fuel shall be stored aboveground in a well-ventilated area which is not near any open flames or accessible to children of sixteen (16) years or younger and the container has been properly marked to identify the contents and its flammable nature.
[R.O. 1993 § 510.110; Ord. No. 286 § 11, 5-23-1977]
Generally. Every habitable room shall have natural ventilation or a mechanical ventilation system adequate for the purpose for which the room is used.
Toilet Rooms, Bathrooms, And Kitchens. Every toilet room, bathroom and kitchen shall have adequate ventilation which may be either an openable window with an openable area of five percent (5%) of the floor area, mechanical ventilation, or a gravity vent flue constructed with incombustible material leading to the roof of the building or a combination of any of these. The gravity vent shall be computed at an aggregate clear area of not less than five percent (5%) of the floor area of the room with a minimum area of at least one hundred twenty (120) square inches. Gravity vents shall be provided with a weather cap, directional vane or rotary type ventilation on the roof.
Adequacy. A ventilating system maintained in a safe and good working condition which provides a complete change of air for the bathroom or water closet compartment every fifteen (15) minutes shall meet the requirements of this Chapter.
[R.O. 1993 § 510.120; Ord. No. 286 § 12, 5-23-1977]
Obstruction Or Disrepair Not Permitted. Accessory structures shall not obstruct light and air of doors and windows of any dwelling unit, or obstruct a safe means of access to any dwelling unit or create fire and safety hazards or provide rat or vermin harborage. Accessory structures shall be functional and shall be maintained in a state of good repair and alignment. All structures must have verminproof floors.
Removal Of Non-Functioning Structures. All exterior appurtenances or accessory structures which serve no useful purpose and are in a deteriorated condition which are not economically repairable shall be removed. Such structures shall include, but not be limited to, porches, terraces, entrance platforms, garages, driveways, carports, walls, fences, miscellaneous sheds and sidewalks.
[R.O. 1993 § 510.130; Ord. No. 286 § 13, 5-23-1977]
General Egress. Every dwelling unit shall have a safe and unobstructed means of egress leading to safe and open space outside at the ground level. Passage through such exit shall not lead through any other dwelling unit.
Easy Egress Mandatory. Every door available as an exit shall be capable of being opened from the inside easily and without the use of a key.
[R.O. 1993 § 510.140; Ord. No. 286 § 14, 5-23-1977; Ord. No. 544 § 1, 12-19-1994]
Enforcement Official. It shall be the duty and responsibility of the Enforcement Official and his/her delegated representatives of the City of Bel-Nor to enforce the provisions of this Chapter. No order for correction of any violation under this Chapter shall be issued without the approval of the Enforcement Official.
Inspections. The Enforcement Official is authorized and directed to make inspections to determine whether dwellings, dwelling units, accessory structures and premises located within the City of Bel-Nor conform to the requirements of this Chapter. For the purpose of making such inspections, the Enforcement Official is authorized to enter, examine and survey at reasonable times all dwellings, dwelling units, accessory structures, and premises. The owner or occupant of every dwelling unit, accessory structure, and its premises, shall give the Enforcement Official access thereto at reasonable times for the purpose of such inspection, examination and survey.
If any owner, occupant, or other person in charge of a structure subject to the provisions of this Chapter refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access to every part of the structure or premises where inspection authorized by this Chapter is sought, the Enforcement Official may seek, in a Court of competent jurisdiction, an order that such owner, occupant, or other person in charge cease and desist with such interference.
Inspections shall be initiated under the following circumstances:
Upon application for any occupancy permit or application for a certificate of compliance in accord with Section 510.150(D) of this Chapter for the dwelling unit or other notification that there will be a change in occupancy of said dwelling unit.
When, on the basis of a complaint or his/her personal observation, the Enforcement Official reasonably suspects that a dwelling unit has Code violations, and as such, constitutes a health and/or safety hazard.
Access By Owner Or Operator. Every occupant of a structure or premises shall give the owner or operator thereof, or his/her agent or employee, access to any part of such structure or its premises at reasonable times for the purpose of making such inspection, maintenance, repairs, or alterations as are necessary to comply with the provisions of this Chapter.
[R.O. 1993 § 510.150; Ord. No. 541 § 1, 12-19-1994; Ord. No. 547 § 1, 2-27-1995; Ord. No. 587 § 1, 4-15-1996; Ord. No. 616 § 1, 4-21-1997; Ord. No. 652 § 1, 9-8-1998]
Scope — Requirement. Except as otherwise provided, it shall be unlawful for any person to occupy any property, or for any owner or agent to permit the occupancy thereof, for any purpose until it has been determined that the property complies in all respects with the requirements of this Code and all required certificates of compliance and occupancy permits have been issued by the Building Commissioner. No certificate of compliance or occupancy permit shall be issued until all violations of this Code shall have been corrected and brought into compliance with this Code.
[Ord. No. 896 § 1, 7-15-2013]
Property — Defined. For the purposes of this Section, the term "property" shall be defined as any premises, structure, building or dwelling subject to the provisions of this Chapter.
Certificates And Permits — Contents. Any certificate of compliance, occupancy inspection report or occupancy permit issued by the Building Commissioner pertaining to any dwelling shall state the maximum number of persons who may lawfully occupy the property as configured at the time of inspection.
Pre-Transfer Activity — Application For Certificate Required; Certificate And Inspection Report Provided To Prospective Buyers.
[Ord. No. 896 § 1, 7-15-2013]
All owners or lessors of any property subject to the provisions of this Chapter shall apply for inspection and a certificate of compliance from the Building Commissioner within three (3) calendar days after advertising or marketing the property in any way for the purpose of selling, leasing, renting or otherwise transferring its ownership or possession.
All real estate agents and brokers involved in the advertising or marketing any property subject to the provisions of this Chapter shall apply for inspection and a certificate of compliance from the Building Commissioner within three (3) calendar days after entering into an agreement with the owner of the property or otherwise advertising or marketing the property in any way for the purpose of selling, leasing, renting or otherwise transferring its ownership or possession.
The obligations of the owner, lessor and real estate agent and broker to make application for inspection and a certificate of compliance shall be joint and several.
After receiving such application, the Building Commissioner shall cause the property to be inspected to determine its compliance with the provisions of this Code. If the Building Commissioner determines the property is in compliance, a certificate of compliance shall issue.
If the Building Commissioner determines the property is in violation of any Code provisions, the Building Commissioner shall issue an occupancy inspection report which shall list all conditions which fail to satisfy the requirements of this Code.
All owners, lessors, real estate agents and brokers shall provide a copy of the Building Commissioner's certificate of compliance or the Building Commissioner's inspection report, pertaining to the property which is subject to transfer, to all prospective buyers. The obligations of the owner, lessor and real estate agent and broker under this Subsection shall be joint and several.
In the event that any owner, lessor, real estate agent or broker violates any provision of this Subsection, such violation shall be punishable in accordance with this Code and subject to a minimum fine, upon conviction, of two hundred fifty dollars ($250.00) and a maximum fine of one thousand dollars ($1,000.00) or ninety (90) days in jail, or both such fine and imprisonment.
Transfer Of Ownership — Certificate Of Compliance Required.
[Ord. No. 988 § 1, 11-20-2017]
It shall be unlawful for the owner or lessor of any property, or their agent, to sell, lease, rent or otherwise transfer ownership or possession of real property, or portion thereof, unless a certificate of compliance has been issued by the Building Commission or an occupancy inspection report has been issued. This shall include sales or transfers considered to be in “as-is” condition.
On application by an owner, lessor, or agent, the Building Commissioner shall have the property inspected for compliance with this Code.
Upon an inspection, if the Building Commissioner determines the property to be in compliance with the provisions of this Code, the Building Commissioner shall issue a certificate of compliance. Such certificate of compliance shall be valid for one hundred eighty (180) days unless revoked by the Building Commissioner for good cause. In the event an occupancy permit is not issued within said one hundred eighty (180) days, said certificate of compliance shall be null and void, and a new application for a certificate of compliance must be made and a new inspection occur before any occupancy permit may be issued.
Upon an inspection, if the Building Commissioner determines that the property is in violation of the requirements of this Code, the Building Commissioner shall issue an occupancy inspection report which shall list all conditions which fail to satisfy the requirements of this Code and a deadline by which the violations must be corrected. The Code violations must be corrected regardless of whether an occupancy permit is ever issued. No occupancy permit shall be issued as long as the property is subject to violations of this Code.
A fee shall be charged for each initial and subsequent inspection.
This Section shall not apply to transfers of a structure or building wherein the transferee executes an affidavit directed to the Building Commissioner attesting to the fact that the structure(s) and/or building(s) on the property so transferred will be demolished within ninety (90) days of transfer. The structure or building shall not be occupied by any person between transfer and demolition.
Occupancy Permit Required.
[Ord. No. 952 § 1, 11-21-2016]
It shall be unlawful for any person to hereafter occupy or for the owner, lessor or agent thereof to permit the occupancy of any property until an occupancy permit has been issued by the Building Commissioner.
In the case of residential rental property, it is the obligation of the owner/landlord to secure an occupancy permit for the proper lessor(s)/tenant(s). The owner/landlord shall provide the names of all tenants authorized to occupy the property and shall provide a copy of the lease or other rental agreement to the City. The permit shall be held in both the names of the owner/landlord and the lessee(s)/tenant(s).
An occupancy permit shall be issued for the following terms:
Owner-Occupied Residential Property. The term of the occupancy permit for owner-occupied residential property shall be indefinite and shall expire upon a change in the ownership or possession of the property. In determining whether a "change in possession" has occurred, the Code Official shall consider whether there has been a change in the head of household. A "change in possession" may include the transfer of possession between family members, except in the case of a transfer caused by divorce or marriage.
Residential Rental Property. The term of the occupancy permit for a residential rental unit shall be one (1) year from its date of issuance.
On application by an owner, lessor, tenant, transferee or agent thereof, the Building Commissioner shall issue an occupancy permit if, after inspecting the property, the Building Commissioner determines it to be in compliance with the provisions of this Chapter. No occupancy permit may be issued for any property if there are unpaid City taxes outstanding as to such property until such time as such unpaid taxes are satisfied.
If the Building Commissioner determines the property is in violation of the requirements of this Chapter, the Building Commissioner shall issue an occupancy inspection report which shall list all conditions which fail to satisfy the requirements of this Chapter.
No person not listed on the occupancy permit for a property shall occupy or be permitted to occupy the same. No use or activity not listed on the occupancy permit for a non-residential structure or building shall be permitted therein.
Whenever the owner or occupant of any property shall permit or suffer any additional person to occupy same, the Building Commissioner shall be notified and the occupancy permit shall be amended accordingly, provided that all other requirements of this Chapter are satisfied. Whenever the owner or occupant of any property not used for dwelling purposes shall permit an additional or separate use or activity to be undertaken therein, the Building Commissioner shall be notified and the occupancy permit shall be amended accordingly, provided that all other requirements of this Chapter are satisfied.
Renewal Of Permit For Residential Rental Property.
Each owner/landlord shall apply for renewal of each occupancy permit issued for residential rental property at least thirty (30) days prior to the expiration date of such permit. The procedures and fees for renewal of such permit shall be the same as the procedures and fees for issuance of an original occupancy permit and inspections related thereto.
If violations are found by the City's inspection, no renewal shall issue and the property shall be vacated upon expiration of the previous occupancy permit unless such violations are corrected by the expiration date.
A fee shall be charged for an occupancy permit and for updating occupancy permit information.
Application For Permit. Any person hereafter occupying any property shall apply for an occupancy permit on an application form provided by the Building Commissioner. Such application shall contain the name of the applicant, the names, dates of birth and relationship of all persons to occupy the property thereof and such other information as shall be required by the Building Commissioner. Applicants shall also present the driver's license of the head of the household for which the permit is sought at the time a permit is applied for, a copy of which shall be made and retained in the City records pertaining to such permit. The application shall be signed and affirmed or sworn to by the applicant.
If there are violations of this Chapter which must be abated or corrected before a certificate of compliance or an occupancy permit can be issued, it shall be the responsibility of the seller, lessor or agent thereof to abate such violations. No certificate of compliance or occupancy permit shall be issued until all violations of this Chapter shall have been corrected and the fee for such permit shall have been paid.
With the approval of the Building Commissioner, a transferee of a property may assume responsibility for abating violations of this Chapter by executing an affidavit stating such transferee assumes responsibility for abating such violations and establishing the date by which such abatement shall be accomplished, which date shall be subject to approval by the Building Commissioner.
Misrepresentations Prohibited; Notice Of Occupancy Limits.
It shall be unlawful for any person, firm or corporation to advertise, offer or represent in any form or manner that a certificate of compliance has been issued for any premises for which such a certificate has not been issued by the Building Commissioner.
It shall be unlawful for any person, firm or corporation to advertise, offer or represent in any form or manner that a property may be occupied by a number of persons in excess of that permitted by the most recent certificate of compliance or occupancy inspection report issued for that property.
It shall be unlawful for any person to knowingly make any false statement in an application for an occupancy permit or any amendment thereto.
Any residential structure offered or available for sale, lease, or transfer shall display a statement in red letters having a height of no less than three-eights (3/8) of an inch on a white background indicating the maximum number of persons that the structure will accommodate as determined by the most recent certificate of compliance or occupancy inspection report issued for that property. The statement shall also contain information as to when the most recent inspection of the structure was completed and whether a certificate of compliance or occupancy inspection report was issued for the structure. A label conforming to the requirements of this Subsection shall be made available by the City Clerk and/or Building Commissioner. The statement required by this Subsection may be affixed to a real estate sign located on the property relating to the sale, lease, transfer or availability of any residential structure or may be affixed to the structure in proximity to the main entrance and in a manner reasonably calculated to come to the attention of persons entering same. It shall be unlawful to offer any residential structure for sale, lease, or transfer unless the statement required by this Subsection shall be displayed as set forth herein.
Invalidity Of Permit And Revocation.
[Ord. No. 952 § 2, 11-21-2016]
Any permit issued shall become invalid if the occupancy is not commenced within six (6) months after issuance of the permit or if the occupancy is terminated.
An occupancy permit may be revoked, following written notice mailed to the head of household listed on the occupancy permit and a hearing, in the case of any false statement or misrepresentation of facts in the application on which a permit was based, because of violations of the occupancy permit conditions, including the maximum occupancy limit, or because of code violations which cause unsafe conditions.
[Ord. No. 943 § 1, 7-18-2016]
Electrical Service. For any month when there is a change of user of residential (rate 001) or non-residential (rate 043) electric service within the City of Bel-Nor, Ameren Missouri Company shall notify the Chief Building Official of the changes, indicating the address and apartment number or unit number and in whose name the service is connected or billed.
Other Utilities. The Building Official may order other companies providing water, gas, or sewer services to make similar notifications to the City and any company providing such utility services shall make such notifications to the City.
[R.O. 1993 § 510.160; Ord. No. 286 § 16, 5-23-1977; Ord. No. 541 § 2, 12-19-1994]
Remedy Of Defects. The owner of any building shall have thirty (30) days from the issuance of any notice in which to remedy the condition therein specified, except when emergency conditions shall require immediate action as provided in Section 510.230, Emergency Measures, or except in the case of conditions identified on an occupancy inspection report issued pursuant to Section 510.150, for which compliance deadlines shall be governed by the terms of Section 510.150; provided, however, that the Enforcement Official may, at his/her discretion, extend for a reasonable period the time for compliance with a notice for good cause shown.
Reinspection. At the time when the defects have allegedly been brought into compliance, the Enforcement Official shall reinspect the dwelling, dwelling unit, accessory structure and its premises. At this time, he/she shall make a complete inspection, taking particular notice that the violations previously noted have been brought into compliance, and that no new violations have come into existence in the time which has elapsed since the first inspection.
[R.O. 1993 § 510.170; Ord. No. 286 § 17, 5-23-1977]
Placard On Building. The designation of dwellings or dwelling units as unfit for human habitation and the procedure for such declaration and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the following requirements: Any dwelling or dwelling unit which shall be found to have any of the following defects shall be declared unfit for human habitation and shall be so designated and placarded by the Enforcement Official when the person responsible has failed to correct the condition set forth in the notice issued in accordance with Section 510.170, Non-Compliance With Chapter.
One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested that it creates a serious hazard to the health or safety of the occupants or of the public.
Building To Be Vacated. Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the Enforcement Official, shall be vacated within a reasonable time as ordered by the Enforcement Official.
Reoccupation Of Building. A dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall not again be used for human habitation until written approval is secured from, and such placard removed by, the Enforcement Official. The Enforcement Official shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.
[R.O. 1993 § 510.180; Ord. No. 286 § 18, 5-23-1977]
The owner of every building or dwelling unit which is declared "unfit for human habitation" for continued occupancy shall make the dwelling, building, or unit safe and secure under the terms so that it shall not be dangerous to human life and shall not constitute a fire hazard or public nuisance. Any such vacant dwelling open at doors or windows, if unguarded, shall be deemed to be dangerous to human life as a fire hazard and public nuisance within the meaning of this provision.
[R.O. 1993 § 510.190; Ord. No. 286 § 19, 5-23-1977]
Applicability. Every window, glazed exterior door, exterior transom, or exterior sidelight shall be provided with properly installed glass or other approved glazing material. In the event of breakage, the owner shall cause the immediate removal of broken glass from the premises and shall temporarily board up the affected openings with suitable material to provide protection from the elements and to prevent entry of birds or animals and to provide security to occupants or contents of the building. Within ten (10) days after the boarding up, the owner shall cause the boarding material to be removed, and all affected openings shall be simultaneously reglazed by the owner.
Provision Of Adequate Lighting And Ventilation. Adequate ventilation and natural lighting shall be provided for all occupied dwelling units. Whenever any exterior openings are found boarded up, it shall be the duty of the Enforcement Official to notify the owner or agent of this requirement giving him/her a period of not more than ten (10) working days in which to properly replace the broken glass or cause the dwelling unit to be vacated. This notice shall be given in the manner required by Section 510.170, Non-Compliance With Chapter.
Specifications. Since the presence of boarded-up buildings, particularly those where the boarding is unpainted or applied in an insecure, careless, or unpresentable fashion, invites vandalism, and creates a blighting influence which adversely affects the general welfare of the people of this municipality, it is hereby required that all boarding up of exterior openings be accomplished in a neat workmanlike manner with not less than one-half-inch thick, weather-resistant plywood cut to fit within the openings, fastened in place as securely as possible, and suitably coated with an appropriate neutral color blending with or harmonizing with the exterior colors of the building as inconspicuously as possible. It shall be the duty of the Enforcement Official to notify the owner or agent of any boarded-up dwelling unit not complying with the above requirements of the necessity of immediate compliance and ordering him/her to replace the broken glass, or repair, replace or paint the boarding. This notice shall be given in the manner required in Section 510.170, Non-Compliance With Chapter.
[R.O. 1993 § 510.200; Ord. No. 286 § 20, 5-23-1977]
Prosecution. In case any violation of this Chapter is not remedied within the prescribed time period designated by the Enforcement Official, he/she shall request the legal representative of the City of Bel-Nor to institute an appropriate action or proceeding at law against the person or firm responsible for the failure to comply, ordering him/her:
To restrain, correct or remove the violation or refrain from any further execution of work;
To restrain or correct the erection, installation or alteration of such building;
To require the removal of work in violation;
To prevent the occupation or use of the building, structure, or part thereof erected, constructed, installed or altered in violation of, or not in compliance with, the provisions of this Chapter or in violation of a plan or specification under which an approval permit or certificate was issued; or
To enforce the penalty provisions of this Chapter.
Penalty For Violations. Any person, firm or corporation who shall violate any provision of this Chapter shall, upon conviction thereof, be subject to a fine of not more than five hundred dollars ($500.00) and by imprisonment in the County Jail for not more than thirty (30) days at the discretion of the Court. Every day the violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.
[R.O. 1993 § 510.210; Ord. No. 286 § 21, 5-23-1977]
Hearing. Upon failure to commence work of reconditioning or demolition within the time specified or upon failure to proceed continuously with the work without unnecessary delay, the Enforcement Official shall call and have a full and adequate hearing upon the matter, giving the affected parties at least twenty-one (21) days' written notice of the time, place and purpose of the hearing. Said notice shall be given in the same manner as notice of the declaration of nuisance is given. At that hearing, any party may be represented by counsel, and all parties shall have an opportunity to be heard. After the hearing, if the evidence supports a finding that the building or structure is a nuisance or detrimental to the health, safety, or welfare of the residents of the City of Bel-Nor, the Enforcement Official shall issue an order making specific findings of fact, based upon competent and substantial evidence, which shows the building or structure to be a nuisance and detrimental to the health, safety, or welfare of the residents of the City of Bel-Nor, and ordering the building or structure to be demolished and removed, or repaired. If the evidence does not support a finding that the building or structure is a nuisance or detrimental to the health, safety or welfare of the residents of the City of Bel-Nor, no order shall be issued. Notice of any post-hearing orders shall be given in the same manner as notice of the declaration of a nuisance.
Special Tax Bill.
If any post-hearing order of the Enforcement Official is not obeyed within thirty (30) days after its issuance, and if appeal of any post-hearing order is not made to the Circuit Court as provided for in this Chapter within thirty (30) days after issuance of such order, the Enforcement Official may cause such building or structure to be repaired, vacated, or demolished as provided in his/her post-hearing order. The Enforcement Official shall certify the costs for any such repair, vacation, or demolition to the City Clerk or Officer in charge of finance who shall cause a special tax bill therefor against the property to be prepared, filed and collected by the City Collector or other official collecting taxes. Except as provided in Subsection (B)(2), at the request of the taxpayer the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from date of its issuance shall be deemed a personal debt against the property owner and shall also be a lien on the property until paid.
If there are proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building or other structure caused by or arising out of any fire, explosion, or other casualty loss, this Chapter may establish a procedure for the payment of up to ten percent (10%) of the insurance proceeds, as set forth in Subsection (B)(2)(a) and (b). This Chapter shall apply only to a covered claim payment which is in excess of fifty percent (50%) of the face value of the policy covering a building or other structure:
The insurer shall withhold from the covered claim payment up to ten percent (10%) of the covered claim payment, and shall pay such moneys to the City to deposit into an interest-bearing account. Any named mortgagee on the insurance policy shall maintain priority over any obligation under this Chapter.
The City shall release the proceeds and any interest which has accrued on such proceeds received under Subsection (B)(2)(a) hereof to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after receipt of such insurance moneys, unless the City has instituted legal proceedings under the provisions of Subsection (B)(1). If the City has proceeded under the provisions of Subsection (B)(1), all moneys in excess of that necessary to comply with the provisions of Subsection (B)(1), for the removal of the building or structure, less salvage value, shall be paid to the insured.
If there are no proceeds of any insurance policy as set forth in Subsection (B)(2), at the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from date of its issuance shall be a lien on the property until paid.
Subsection (B)(2) shall apply to fire, explosion, or other casualty loss claims arising on all buildings and structures.
Fire And Casualty Insurance Companies And Director Of Insurance Notification And Duties. The City Clerk shall notify the Director of Insurance within fourteen (14) days after the adoption of this Chapter. The Director shall, in turn, notify insurance companies which issue policies insuring buildings and other structures against fire, explosion, or other casualty loss within fourteen (14) days after such notification from the City. Insurance companies shall have sixty (60) days after the director notifies them of the adoption of this Chapter to establish procedures within the City to carry out the provisions of Section 510.220(B)(2).
Payment Of Claim Without Deduction On Certification That Insured Will Make Premises Safe. The City may certify that in lieu of payment of all or part of the covered claim payment under Section 510.220(B)(2), it has obtained satisfactory proof that the insured has or will remove debris and repair, rebuild or otherwise make the premises safe and secure. In this event, the City shall issue a certificate within thirty (30) days after receipt of proof to permit covered claim payment to the insured without deduction pursuant to Section 510.220(B)(2). It shall be the obligation of the insured or other person making claim to provide the insurance company with the written certificate provided for in this Section.
Appeal To Circuit Court Of St. Louis County. The decision of the Enforcement Official may be appealed by a party aggrieved thereby to the Circuit Court of St. Louis County, pursuant to Chapter 536, RSMo., provided that any part so aggrieved, other than the City of Bel-Nor, may either appeal directly to the Circuit Court of St. Louis County, or to the Housing Board of Appeals of the City of Bel-Nor. The decision by the Housing Board of Appeals may be appealed by any party aggrieved thereby to the Circuit Court of St. Louis County, pursuant to Chapter 536, RSMo.
[R.O. 1993 § 510.220; Ord. No. 286 § 22, 5-23-1977]
Applicability. When any dwelling unit has become so damaged by fire, wind or other causes, or has become so unsafe, unhealthful or unsanitary that, in the opinion of the Enforcement Official, life or health is immediately endangered by the occupation of the dwelling unit, the Enforcement Official is hereby authorized and empowered to revoke without notice any occupancy permit for such dwelling unit and require the occupants to vacate the same forthwith and to order the owner or agent to proceed immediately with the corrective work and repairs required to make the dwelling unit temporarily safe and fit for human habitation, whether or not a notice of violation has been given as described in this Chapter, and whether or not legal procedures described by the City of Bel-Nor ordinances have been instituted.
Procedures. In the event the Enforcement Official determines that there is an immediate danger to the health, safety, or welfare of any person he/she may take emergency measures to vacate and repair the structure or otherwise remove the immediate danger.