[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.
BASEMENT
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.
BATHROOM
A room affording privacy containing bathing and sanitary
facilities provided within each living unit, consisting of a water
closet, a tub or shower, and a lavatory basin.
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.
DETERIORATION
The condition or appearance of a building or part thereof,
characterized by evidence of physical decay or neglect, excessive
use, or lack of maintenance.
DWELLING
A structure or portion thereof, which is wholly or partly
designed for or used for human habitation.
DWELLING UNIT
One (1) or more rooms, or any part thereof, in a building
usable for occupancy by one (1) family for living purposes and having
its own permanently installed cooking and sanitary facilities.
ENFORCEMENT OFFICIAL
The 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.
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 Board of Aldermen of the
City of Bel-Nor.
FAMILY
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]
FENCE
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.
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking, and consumption of food.
GARDEN LEVEL
That portion of a building which is partly underground but
having at least sixty percent (60%) of its ceiling height above the
average grade of the adjoining ground.
GUTTER
A trough under an eave to carry off water.
HABITABLE BUILDING
Any structure or part thereof that shall be used as a home
or place of abode by one (1) or more persons.
HABITABLE ROOM
Every room in any building in which persons sleep, eat, or
carry on their usual domestic or social vocations or avocations. It
shall not include private laundries, bathrooms, toilet rooms, water
closet 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.
INFESTATION
The presence with or contiguous to a structure or premises
of insects, rodents, vermin or other pests.
KITCHEN
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.
OCCUPANT
Any person living and sleeping in a dwelling unit or having
actual possession of said dwelling or rooming unit.
OPENABLE AREA
That part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
OPERATOR
Any person who has charge, care or control of a building,
or part thereof, which is let or offered for occupancy.
OWNER
Any person, firm or corporation who, alone, jointly, or severally
with others shall be in actual possession of, or have charge, care
or control of any dwelling or dwelling unit within the 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.
PERSON
A corporation, firm, partnership, association, organization
and any other group acting as a unit, as well as any individual. It
shall also include an executor, administrator, 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.
PLUMBING
Facilities and equipment, including, but not limited to,
the following: gas pipes, gas burning equipment, water pipes, steam
pipes, garbage disposal units, waste pipes, toilets, sinks, installed
dishwashers, lavatories, 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.
PREMISES
A lot, plot or parcel or land or any part thereof including
the buildings or structure thereon.
PROVIDED
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.
REPAIR
To restore to a sound and acceptable state of operation,
serviceability or appearance. Repairs shall be expected to last approximately
as long as would the replacement by new items.
REPLACE
To remove an existing item or portion of a system and to
construct or install a new item of similar or improved quality as
the existing item when new. Replacement will ordinarily take place
when the item is beyond repair.
RUBBISH
Non-putrescible solid wastes consisting of both combustible
and non-combustible wastes.
STRUCTURE
Anything constructed or erected which requires location on
the ground or is attached to something having location on the ground,
including a fence or freestanding wall. A sign, billboard or other
advertising medium, detached or projecting, shall be construed to
be a structure.
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]
SUBSTANDARD
All structures which do not conform to the minimum standards
established by this Chapter or any other ordinance.
SUPPLIED
Paid for, installed, furnished or provided by or under the
control of the owner or operator.
VENTILATION
The process of supplying and removing air by natural or mechanical
means to or from any space. Ventilation by power driven devices shall
be deemed mechanical ventilation. Ventilation by opening to outer
air through windows, skylights, doors, louvers, or stacks without
wind driver device shall be deemed natural ventilation.
YARD
An open space at grade on the same lot as a building or structure
located between the main building and the adjoining lot line and/or
street line. The measurement of a yard shall be the minimum horizontal
distance between the lot line and the building or structure.
[R.O. 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]
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. Driveways. Driveways shall be paved and maintained in good repair
free of safety hazards.
J. 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.
K. 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; Ord. No. 1065, 4-19-2021]
A. 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.
B. Sleeping Rooms. No sleeping room may have a door that leads through
the exterior of the building unless there are two (2) other doors
from the same dwelling unit that lead to the outside that do not go
through a sleeping room; neither of these two (2) other doors can
be a basement door. Any room to be used as a sleeping room must open
on to a common hallway or area and may not be used as a sleeping room
if the only access to it is through another 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.
1. In the "R-1" Zoning District, 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.
2. In the "R-2" Zoning District, in every dwelling unit, every room
occupied for sleeping purposes shall have a minimum floor area of
at least fifty (50) 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.
C. 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 (1) 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 (1) full bath, i.e., for twelve (12), three (3) full
baths.]
D. 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]
A. 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.
B. 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:
1.
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.
2.
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]
A. 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.
B. 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.
C. 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.
D. 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.
E. Laundry Area. Every laundry area shall contain at least one (1) grounded
type convenience outlet.
F. Non-Habitable Space. Every bathroom, laundry room, furnace room,
and public hall shall contain not less than one (1) ceiling or wall
lighting fixture.
G. 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.
H. "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:
1.
Flush or semi-flush mounted floor convenience outlets, unless
provided with an approved waterproof cover.
2.
Extension cords for other than short-term, temporary use.
3.
Conductor supported pendant switches or conductor supported
light fixtures.
6.
Inadequately grounded, grounded type convenience outlets.
I. Exception.
[Ord. No. 964, 1-30-2017]
1. 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.
2. 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]
A. 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:
1.
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.
2.
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.
3.
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.).
4.
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]
A. 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.).
B. 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.
C. Good Working Condition. The owner shall see that the heating facilities
shall be properly installed, safely maintained and in good working
condition.
D. 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]
A. Generally. Every habitable room shall have natural ventilation or
a mechanical ventilation system adequate for the purpose for which
the room is used.
B. 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.
C. 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]
A. 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.
B. 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]
A. 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.
B. 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]
A. 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.
B. 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.
C. 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.
D. Inspections shall be initiated under the following circumstances:
1.
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.
2.
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.
E. 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]
A. 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]
B. 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.
C. 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.
D. Pre-Transfer Activity — Application For Certificate Required;
Certificate And Inspection Report Provided To Prospective Buyers.
[Ord. No. 896 § 1, 7-15-2013]
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
E. Transfer Of Ownership — Certificate Of Compliance Required.
[Ord. No. 988 § 1, 11-20-2017]
1.
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.
2.
On application by an owner, lessor, or agent, the Building Commissioner
shall have the property inspected for compliance with this Code.
3.
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.
4.
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.
5.
A fee shall be charged for each initial and subsequent inspection.
6.
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.
F. Occupancy Permit Required.
[Ord. No. 952 § 1, 11-21-2016]
1.
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.
2.
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).
3.
An occupancy permit shall be issued for the following terms:
a.
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.
b.
Residential Rental Property. The term of the occupancy permit
for a residential rental unit shall be one (1) year from its date
of issuance.
4.
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.
5.
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.
6.
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.
7.
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.
8.
Renewal Of Permit For Residential Rental Property.
a.
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.
b.
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.
9.
A fee shall be charged for an occupancy permit and for updating
occupancy permit information.
G. 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.
H. Correction Required.
1.
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.
2.
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.
I. Misrepresentations Prohibited; Notice Of Occupancy Limits.
1.
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.
2.
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.
3.
It shall be unlawful for any person to knowingly make any false
statement in an application for an occupancy permit or any amendment
thereto.
4.
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.
J. Invalidity Of Permit And Revocation.
[Ord. No. 952 § 2, 11-21-2016]
1.
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.
2.
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]
A. 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.
B. 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]
A. 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.
B. 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]
A. 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.
1.
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.
B. 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.
C. 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.
D. Unlawful To Remove Placard. No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in the preceding Subsection
(C).
[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]
A. 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.
B. 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.
C. 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]
A. 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:
1.
To restrain, correct or remove the violation or refrain from
any further execution of work;
2.
To restrain or correct the erection, installation or alteration
of such building;
3.
To require the removal of work in violation;
4.
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
5.
To enforce the penalty provisions of this Chapter.
B. 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]
A. 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.
B. Special Tax Bill.
1.
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.
2.
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:
a.
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.
b.
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.
c.
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.
d.
Subsection
(B)(2) shall apply to fire, explosion, or other casualty loss claims arising on all buildings and structures.
e.
Subsection
(B)(2) does not make the City a party to any insurance contract, and the insurer is not liable to any party for any amount in excess of the proceeds otherwise payable under its insurance policy.
C. 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).
D. 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.
E. 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]
A. 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.
B. 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.