The term "Building Official" wherever employed in this Article or the code adopted by this Article shall mean the Building Commissioner, whose office is created by Section 500.090, and he/she shall be the person vested with executive authority to see that all laws, ordinances and codes regulating building construction are observed and enforced. Any other reference in this Building Code to "department of building safety," "department of building inspection," "official of department of building inspection," "code official," or "inspector" unless otherwise provided in Section 500.090 of the Municipal Code, City of Clarkson Valley, Missouri, shall mean the Building Commissioner.
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The term "Board of Appeals" wherever employed in this Article or the code adopted by this Article shall mean the Board of Adjustment. Any person shall have the right to appeal a decision of the code official to the Board of Adjustment as provided in Title IV, Land Use, Chapter 405: Zoning Regulations, Article VI, Board of Adjustment.
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The term "Structure" as defined in 202 DEFINITIONS "That which is built or constructed" shall not lose the intent of the definition set out in Title IV, Land Use, Chapter 405, Zoning Regulations, Section 405.040: Anything, with the exception of swing sets located within the building lines, constructed, erected or located thereon, the use of which requires permanent locations on the ground or which, though movable, is used for a purpose which usually and customarily involves permanent location on the ground (including, but without limiting the generality of the foregoing, advertising signs, billboards, poster panels, back stops for tennis courts, pergolas and buildings for the housing of animals and fowls). The use of chicken wire, barbed wire, chain link, or similar material in the construction or maintenance of a structure is prohibited.
[Ord. No. 22-09, 9-6-2022] | |
YARD — An open space on the same lot with a building unoccupied
and unobstructed by any portion of a structure from the ground upward,
except driveways for ingress and egress and except as otherwise provided
herein.
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YARD, FRONT — A yard extending across the front of a lot
between the side lot lines and having a depth equal to the minimum
horizontal distance between the street line and the main building
or any projection thereof, other than the projection of the usual
steps or entranceway.
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YARD, REAR — A yard extending across the rear of a lot
between the side lot lines and having a depth equal to the minimum
horizontal distance between the rear lot line and the rear of the
main building or any projections other than steps, unenclosed balconies
or unenclosed porches. On both corner lots and interior lots the rear
yard shall in all cases be at the opposite end of the lot from the
front yard.
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YARD, SIDE — A yard extending from the front yard to the
rear yard, and having a width equal to the minimum horizontal distance
between the side lot line and the side of the main building or any
projections thereof.
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YARDS, CORNER LOTS — The front, rear and side yards on
corner lots shall be determined and designated with reference to that
street on which the lot has the least amount of linear frontage. The
front yard shall be that part of the lot abutting and parallel to
the street on which the lot has the least linear frontage and the
rear yard shall be that part of the lot opposite to the front yard
and farthest removed from the street with the least linear frontage.
The designation of front, rear and side yards on corner lots as herein
provided may be incompatible with other lots in the area because of
the size or shape or location of the corner lot in which case the
determination and designation of front, rear and side yards shall
be made in the discretion of the City authority having jurisdiction
of the matter.
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101.1 Title. Is amended by substituting the words "City of Clarkson
Valley, Missouri" for the words "[NAME OF JURISDICTION]," hereinafter
referred to as "this code."
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105.1. Required. Any owner or authorized agent who intends to
construct, enlarge, alter, repair, move, demolish, or change the occupancy
of a building or structure, including retaining walls, or to erect,
install, enlarge, alter, repair, remove, convert or replace any electrical,
gas, mechanical or plumbing system, the installation of which is regulated
by this code, or to cause any such work to be done, shall first make
application to the building official and obtain the required permit.
Replacement of existing retaining walls that encroach into the required
setbacks can be approved by securing a building permit provided that
the location, height and length of the wall(s) is/are not altered.
Exception: decorative landscape walls (see definition). [Ord. No. 16-06, 6-7-2016; Ord.
No. 16-12, 11-1-2016]
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105.1.1, 105.1.2 DELETE.
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105.2. Work exempt from permit. Exemptions from permit requirements
of this code shall not be deemed to grant authorization for any work
to be done in any manner in violation of the provisions of this code
or any other laws or ordinances of this jurisdiction. Permits shall
not be required for the following: [Ord. No. 16-12, 11-1-2016]
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1.
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Decorative landscape walls (see definition).
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2.
|
Retaining walls that are not over four (4) feet in height measured
from the bottom of the footing to the top of the wall and do not encroach
into the building setback lines.
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3.
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Sidewalks and driveways not more than thirty (30) inches above
adjacent grade and not over any basement or story below unless driveway
requires new curb cut.
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4.
|
Painting, papering, tiling, carpeting, cabinets, counter tops
and similar finish work.
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5.
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Swings and other playground equipment accessory to a one-family
dwelling as long as the swing or playground equipment is within the
building lines.
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ASSISTED LIVING FACILITIES — See Section 310.2, "Residential
Care/Assisted living facilities."
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BOARDING HOUSE — See Section 310.2.
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COVERED MALL BUILDING — See Section 402.2.
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DECORATIVE LANDSCAPE WALL — A wall less than twenty-four
(24) inches in height from the bottom of the footing that does not
support a surcharge; comprised of stone, concrete, wood, man-made
wood or other like matter that must either fully encompass or partially
surround trees or landscaping. A decorative landscape wall cannot
be used as a designated property marker and/or other boundary marker. [Ord. No. 16-12, 11-1-2016]
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DORMITORY — See Section 310.2.
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FOOD COURT — See Section 402.2.
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RESIDENTIAL CARE/ASSISTED LIVING FACILITIES — See Section
310.2.
|
RETAINING WALL — A wall or similar structure designed
for the retention of dirt, gravel, sand, soil or other landscaping,
natural or man-made material.
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SELF-SERVICE STORAGE FACILITY — See Section 1102.1.
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TIRES, BULK STORAGE OF — See Section 902.
|
Delete the existing definition and add a new definition of Retaining
Wall to Section 202 DEFINITIONS which shall be adopted and will read
as follows:
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308.3.1. Child care facility is DELETED in its entirety.
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Section 308.4 Group 1-3 is DELETED in its entirety.
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R-1 is DELETED in its entirety.
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R-2 is DELETED in its entirety.
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R-4 is DELETED in its entirety.
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406.5 Motor fuel-dispensing facilities is DELETED in its entirety.
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406.6 Repair garages is DELETED in its entirety.
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1013.7 Retaining walls. Guards shall be provided where retaining
walls with differences in grade level on either side of the wall in
excess of thirty (30) inches are located closer than two (2) feet
to a walk, path, parking lot or driveway on the high side of the retaining
wall.
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3303.1 Construction documents. Construction documents and a
schedule for demolition must be submitted when required by the Building
Commissioner. Where such information is required, no work shall be
done until such construction documents or schedule, or both, are approved.
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New subparagraphs 3303.1.1 through 3303.1.8 shall be added and
shall read as follows:
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3303.1.1 Purpose and Notice of Intent: The purpose of the requirements
herein and set forth is safety and to protect the residential neighborhoods
within the City. The person intending to cause a demolition or excavation
shall cause written notice of such intent to the owner of each potentially
affected adjoining lot, building or structure one (1) week prior to
the commencement of work. The notice shall request permission to enter
the potentially affected lot, building or structure prior to the commencement
of work and at reasonable intervals during the work to preserve the
lot, building or structure from damage.
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3303.1.2 Definitions:
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DEMOLITION — The razing, leveling, disassembly or destruction
of a building by humans and/or machinery, but not including arson
or acts of God.
|
MAIN BUILDING — The building (herein defined) designed
and used for the principal permit on the lot.
|
3303.1.3 Permit Requirements: A permit for demolition of any
main building may not be issued until the following has been received
by the Building Commissioner:
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1.
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Verification to the City that all utilities have been disconnected
and all necessary permits and approvals are obtained through St. Louis
County Department of Public Works and Department of Health; and
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2.
|
An approved plan for a new main building is on file in the office
of the Building Commissioner. This plan shall include tree preservation
and landscaping; or
|
3.
|
A site restoration plan (see Section 3303.1.4).
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3303.1.4 Site Restoration Plan: The site restoration plan referred
to in Section 3303.1.3(3) above requires in detail how the lot is
to be restored, including removal of all debris, returning the site
elevations to the original contour levels, sodding of disturbed areas,
stormwater and siltation controls, and the planting of trees and other
landscape materials. Site restoration plans must include a completion
date of no longer than thirty (30) days from issuance of a demolition
permit. At their discretion, the City of Clarkson Valley may require
an escrow or insurance policy naming the City as beneficiary to guarantee
completion of the restoration plan. The Building Commissioner may
grant an extension of time, not to exceed an additional thirty (30)
days, based on inclement weather or some other hardship on the applicant,
provided such hardship is not self-imposed.
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3303.1.5 Protection of Public:
|
1.
|
Wherever a building or structure is removed or demolished, the
operation shall be conducted in a safe manner and suitable protection
for the general public must be provided.
|
2.
|
Every area of demolition shall be enclosed with a barrier not
less than four (4) feet in height to prevent the entry of unauthorized
persons. All barriers shall be of adequate strength.
|
3.
|
All openings (i.e., doors, windows, etc.) shall be secured or
boarded up until final demolition.
|
4.
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Any part of the structure or walls that may be dangerous must
be braced and/or reinforced at all times.
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3303.1.6 Protection of Adjoining Property: If afforded the necessary
permission to enter the adjoining lot, building or structure, the
person causing the demolition or excavation to be made shall at all
times and at his or her own expense preserve and protect the lot,
building or structure from damage or injury. If the necessary permission
to enter the adjoining lot, building or structure is not granted,
it shall be the duty of the owner of the adjoining lot, building or
structure to make safe his or her property, for the prosecution of
which said owner shall be granted the necessary permission to enter
the premises of said demolition or excavation.
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3303.1.7 Removal of Debris: All waste materials shall be removed
in a manner which prevents any damage to persons, adjoining properties
and public rights-of-way.
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3303.1.8 Notice to the Code Official: If the person causing
a demolition or excavation to be made is not afforded permission to
enter an adjoining structure, that person shall immediately notify
in writing both the Building Commissioner and the owner of the adjoining
property that the responsibility of providing support to the adjoining
lot, building or structure has become the exclusive responsibility
of the owner of the adjoining property.
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APPENDIX A EMPLOYEE QUALIFICATIONS is hereby adopted.
|
A101.1 and A101.2 are DELETED.
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APPENDIX C GROUP U - AGRICULTURAL BUILDINGS is hereby adopted.
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APPENDIX G FLOOD-RESISTANT CONSTRUCTION is hereby adopted.
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APPENDIX I PATIO COVERS is hereby adopted.
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APPENDIX J GRADING is hereby adopted.
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J103.2 Exemptions. A grading permit shall not be required for
the following: DELETE subparagraphs 1, 2 and 5.
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R101.1 Title, is amended by substituting the words "City of
Clarkson Valley, Missouri" for the words [NAME OF JURISDICTION]" in
line three (3) thereof.
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R105.1 Required. Any owner or authorized agent who intends to
construct, enlarge, alter, repair, move, demolish, or change the occupancy
of a building or structure, including retaining walls, or to erect,
install, enlarge, alter, repair, remove, convert or replace any electrical,
gas, mechanical or plumbing system, the installation of which is regulated
by this code, or to cause any such work to be done, shall first make
application to the building official and obtain the required permit.
Replacement of existing retaining walls that encroach into the required
setbacks can be approved by securing a building permit provided that
the location, height and length of the wall(s) is/are not altered.
Exception: decorative landscape walls (see definition). [Ord. No. 16-06, 6-7-2016; Ord.
No. 16-12, 11-1-2016]
|
R105.2 Work Exempt From Permit. Exemptions from permit requirements
of this code shall not be deemed to grant authorization for any work
to be done in any manner in violation of the provisions of this code
or any other laws or ordinances of this jurisdiction. Permits shall
not be required for the following: Ord. No. 16-12, 11-1-2016]
|
1. Decorative landscape walls (see definition).
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2. Retaining walls that are not over four (4) feet in height
measured from the bottom of the footing to the top of the wall and
do not encroach into the building setback lines.
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3. Sidewalks and driveways not more than thirty (30) inches
above adjacent grade and not over any basement or story below unless
driveway requires new curb cut.
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4. Painting, papering, tiling, carpeting, cabinets, counter
tops and similar finish work.
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5. Swings and other playground equipment accessory to a one-family
dwelling as long as the swing or playground equipment is within the
building lines.
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R106.1 Submittal Documents, is amended to read as follows: Construction
documents, special inspection and structural observation programs,
and other data shall be submitted in three (3) sets, if strictly interior,
or four (4) sets if any changes are proposed to the exterior, with
each application for a permit. The construction documents shall be
prepared by a Missouri State licensed engineer or architect. Where
special conditions exist, the building commissioner is authorized
to require additional construction documents to be prepared by a registered
design professional.
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R108.2 Schedule of permit fees is DELETED and a new R108.2 shall
read as follows:
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FEE SCHEDULE
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NEW CONSTRUCTION The building permit fee for all new construction
and industrialized dwellings shall be assessed at twelve cents ($0.12)
per square foot area of construction. Any amendment to a permit necessitating
an additional fee because of an increase in the square footage of
the work involved shall not be approved until the additional fee shall
have been paid.
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The square foot area of construction shall be determined by
measuring the length of the structure and multiplying it by the width
of the structure. The measurement shall include garages and the farthest
projections, overhangs and cantilevers from the ground to the top
of the construction. It shall not include unroofed or unenclosed porches
or patios.
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ALTERATIONS OR REMODELING The building permit fee for additions,
alterations and remodeling, including any building permit in connection
with swimming pools, accessory structures, porch additions, or any
other exterior structure requiring a building permit, shall be based
on the following schedule of fees as maintained and posted in City
Hall:
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Building Permit Fee: twenty-five dollars ($25.00).
|
Permit Issuance and Plan Review Fee: forty-four dollars ($44.00).
|
Inspection fee (per inspection): fifty dollars ($50.00).
|
Occupancy Permit Fee: twenty-five dollars ($25.00).
|
Final Completion Certificate (in lieu of Occupancy Permit):
twenty-five dollars ($25.00).
|
Further, any application submitted pursuant to this Section
shall be forwarded to the Building Commissioner for review and calculation
of the Building Permit Fees.
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MOVING OF BUILDINGS The fee for a building permit for the removal
of a building or structure from one (1) lot to another or to a new
location on the same lot shall be at the rate of twelve cents ($0.12)
per one hundred dollars ($100.00) of the estimated cost of moving
plus the cost of new foundations and all work necessary to place the
building or structure in its completed condition in the new location,
plus such other building permit fees deemed necessary by the Building
Commissioner.
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DEMOLITION PERMITS The demolition shall be seventy-seven dollars
($77.00) per structure.
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INSPECTIONS In addition to the building permit fee, an inspection
charge of fifty dollars ($50.00) shall be paid to the city for each
inspection deemed necessary by the Building Commissioner. The number
of inspections required shall be determined after the review of the
plans submitted and the number shall be indicated on the building
permit application. The City of Clarkson Valley may contract with
a political subdivision to conduct any or all of the inspections herein
required and does adopt the fees of said political subdivision applicable
to any inspections conducted pursuant to said contract and the City
does authorize that payment of inspection fees be made directly to
said political subdivision for any inspections conducted by said political
subdivision pursuant to the herein mentioned contract.
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REINSPECTION CHARGE There is hereby established a reinspection
charge of thirty dollars ($30.00), which shall be applicable to all
reinspections, where it has been determined that the initial inspection
resulted in a failure to comply with the applicable construction code,
that the initial inspection reveals that the scope of work performed
has deviated from the plans submitted to the City, or upon the request
of the owner or contractor for any reinspection.
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FINAL COMPLETION Each building permit issued by the Building
Commissioner shall state upon its face the expiration date of said
permit. All work authorized by the permit shall be completed no later
than 5:00 P.M. CST on the expiration date of the permit. Each applicant
shall notify the Building Commissioner of the date of completion of
the work authorized by the permit prior to the expiration of the permit.
The Building Commissioner shall perform a final inspection of each
project within fourteen (14) days after the expiration of the permit
or the completion of the work, whichever is earlier. An inspection
fee shall be assessed in the amount of twenty-five dollars ($25.00)
for each final inspection and the fee shall be paid by the applicant.
Additionally, all extra costs, fees, permit fees, and other expenses
shall be paid by the applicant within thirty (30) days from the date
of the final inspection.
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ADDITIONAL COSTS
|
(a)
|
In addition to the building permit fee and inspection fees,
all reasonable costs or fees charged to the City, including but not
limited to site and building plan review, inspection and permit fees,
reinspection fees, engineer fees, architecture review fees, other
professional fees, and testing fees, as deemed necessary by the Building
Commissioner, shall be paid by the applicant before issuance of the
building permit, the final occupancy permit, or the final completion
certificate.
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(b)
|
A plan review escrow procedure is hereby authorized to be formulated,
implemented and amended by City staff to help ensure that all such
costs charged to the City are reimbursed by the applicants.
|
(c)
|
In the event that the City receives an application, petition
or other request for any administrative or legislative consideration,
and the applicant, petitioner or requestor owes the City any amounts
from previous City consideration including any third-party expenses
the City has incurred, the City reserves the right to refuse to give
any consideration to such application, petition or request until such
time that the City has received payment in full or payment terms acceptable
to the City.
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(d)
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In the event that it is necessary for the Building Commissioner
to undertake an inspection or other professional investigation in
order to confirm or deny the existence of a building code or zoning
violation, the owner of the property shall be liable for all inspection
fees, all reasonable costs or fees charged to the City, including,
but not limited to, site and building plan review, inspection and
permit fees, and testing fees as deemed necessary by the Building
Commissioner. In the event that it is determined that no building
code or zoning violation exists on the subject property, the owner
of the property shall not be liable for any inspection fees, costs,
or expenses.
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(e)
|
Any person or entity that fails to pay the necessary permit fees, inspection fees, or additional costs as contained in this Code shall be deemed as violating the City Code and subject to the penalties contained in Section 100.220, or any other applicable section of the City Code.
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DOUBLING The building permit fees provided for in this Section
above shall be doubled where work for which a building permit is required
in this Section is commenced prior to obtaining the permit of filing
of the application. The payment of such double fees shall not relieve
any person from fully complying with all provisions regulating such
construction.
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REFUNDS The Building Commissioner may cancel permits and refund
the permit fee less expenses incurred and a maximum penalty of fifty
dollars ($50.00) or such lesser amount as the Building Commissioner
shall set.
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FEES INDEXED FOR INFLATION The assessment figures in these Sections
shall be adjusted on an annual basis, effective January 1 of the year
in question, to reflect increases, if any, in the November offering
next preceding this January 1 of the Cost of Living Index for all
urban consumers for the St. Louis area published by the Bureau of
Labor Statistics of the United States Department of Labor, as compared
to the previous November offering, using the period 1967 = 100 as
the base period. All such computation of increases made as provided
herein shall not be further adjusted during the course of the year
in question until the following January 1 of the next year in question,
when such adjustments, if warranted as provided herein, shall be made.
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R108.5 Refunds shall be DELETED in its entirety and referred
to the Fee Schedule as set out above.
|
A new Paragraph in SECTION R108 FEES shall be added:
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R108.6 New Construction Bond.
|
(1)
|
A permit shall not be issued until the applicant for the permit
shall have delivered to the City Clerk a bond payable to the City
of Clarkson Valley. In Zone "A" Semi-Rural District the bond shall
be one and one-half percent (1 1/2%) of the estimated cost of
construction, said bond shall be either in cash or with a corporate
surety company approved by said City. In Zone "C" Office District
the bond shall be either in cash for the sum of one and one-half percent
(1 1/2%) of the estimated cost of construction and deposited
with the City; or with a corporate surety company approved by said
City for ten (10) times the amount of one and one-half percent (1 1/2%)
of the estimated cost of construction, as the applicant for the permit
shall elect.
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(2)
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The bond for either zoning district shall be conditioned that
the applicant for the permit will perform the work authorized by the
permit in compliance with this Building Code, the Municipal Code and
all ordinances of the City of Clarkson Valley, as well as all other
County, State, and Federal regulations governing the scope of work
performed; and further conditioned that during the construction and
work authorized by the permit that the applicant will not cause any
nuisance to exist within the City limits; and said bond shall be further
conditioned for the payment of any damage caused by the applicant,
his agents, contractors, or employees, or to pay the expenses related
to the City's efforts to abate any nuisance caused or permitted to
exist or correct any damage by applicant, his agents, contractors,
or employees. The applicant and any surety on said bond shall not
be released or discharged from liability on said bond until applicant
has complied with all conditions of the bond and a final completion
certificate has been issued for the structure or project for which
the permit was granted.
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(3)
|
Any applicant for a permit in the Zone "A" Semi-Rural District
who has entered into and posted bonds with the City of Clarkson Valley,
pursuant to subparagraph (1) above, which amount in the aggregate
to twenty thousand dollars ($20,000.00) at any one (1) time, shall
not be required to increase said sum or to post any additional bonds
or any additional sum in excess of said twenty thousand dollars ($20,000.00),
so long as there has been compliance with the conditions specified
in the outstanding permits and the conditions required by the bond
herein described. Said sum of twenty thousand dollars ($20,000.00)
shall suffice for all outstanding permits of the applicant and each
said permit shall be considered and treated as though it is secured
by a bond in the sum equal to one and one-half percent (1 1/2%)
of the estimated cost of construction.
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(4)
|
In the event of any violation of the conditions of any of the applicant's outstanding permits or in the event of any failure of performance of the work authorized by any of the applicant's permits, then this provision limiting the amount of the bonds to twenty thousand dollars ($20,000.00) in the Zone "A" Semi-Rural District shall not apply and said provisions limiting the aggregate amount of the bond shall be void and of no avail and the applicant shall be required upon written notice from the City Building Commissioner to immediately post a bond as provided in Subsection (1) above in the sum equal to one and one-half percent (1 1/2%) of the estimated cost of construction for each outstanding permit then issued to the applicant in the Zone "A" Semi-Rural District."
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[B] CHIMNEY A new subparagraph shall be added as follows:
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The exhaust vent, or chimney for fireplaces with a direct venting
system (including flues for Franklin stoves) that exit either through
the roof of a dwelling or structure, or by means of a separate exhaust
flue affixed to the exterior of the dwelling or structure, are to
be enclosed by utilizing full masonry, cultured stone veneer or faux
masonry construction. Additionally, the size, dimensions, and proportions
of the full masonry, cultured stone veneer, or faux masonry enclosure
shall be consistent with generally accepted architectural standards
and shall be subject to review and approval by the Architectural Review
Board.
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All fireplaces with a direct venting system shall be installed
in accordance with the manufacturer's specifications and shall be
consistent with generally accepted architectural standards and shall
be subject to review and approval by the Architectural Review Board.
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DECORATIVE LANDSCAPE WALL — A wall less than twenty-four
(24) inches in height from the bottom of the footing that does not
support a surcharge; comprised of stone, concrete, wood, man-made
wood or other like matter that must either fully encompass or partially
surround trees or landscaping. A decorative landscape wall cannot
be used as a designated property marker and/or other boundary marker. [Ord. No. 16-06, 6-7-2016; Ord. No. 16-12, 11-1-2016]
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Delete the definition of Retaining Wall and a new definition
of Retaining Wall shall be added to Section R202 DEFINITIONS which
will read as follows:
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RETAINING WALL — A wall or similar structure designed
for the retention of dirt, gravel, sand, soil or other landscaping,
natural or man-made material.
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Section R309 GARAGES
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R309.4 Carports. Shall be DELETED in its entirety.
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R310.6 Alterations and Additions. All unfinished areas and reconfigured
space converted to sleeping rooms and unfinished basement spaces being
converted to habitable space shall have emergency escape and rescue
openings.
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Exception: Unfinished basement spaces being converted to habitable
space other than sleeping rooms when smoke detectors, in addition
to those required by section R314.3.1 are installed in each room/space
of the basement. The smoke detectors shall be interconnected, hard
wired and equipped with battery backup.
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R315.2 Subparagraph shall be deleted in its entirety.
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R703.1 General shall contain a new sub-paragraph:
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R703.1.1 that shall read as follows: The siding coverage of
exterior walls must extend below the foundation top with the same
type of material (i.e., wood, brick, etc.) as used above the foundation
top to cover the exterior foundation wall to within not less than
eight (8) inches of finished grade level.
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Section 101 GENERAL
|
101.1 Title is amended by substituting the words "City of Clarkson
Valley, Missouri" for the words "[NAME OF JURISDICTION]," hereinafter
referred to as "this code."
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SECTION 103 DEPARTMENT OF PROPERTY MAINTENANCE INSPECTION
|
103.3 Deputies is DELETED in its entirety.
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103.5 Fees is DELETED and a new 103.5 shall read as follows:
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103.5 Fees. The fees for activities and services performed by
the department in carrying out its responsibilities under this code
shall be in accordance with the fee schedule as established by the
City of Clarkson Valley, Missouri.
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SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL
|
104.3 Right of entry is DELETED and a new 104.3 shall read as
follows:
|
104.3 Right of entry. If any owner, occupant or other person
in charge of a structure subject to the provisions of this Code refuses,
impedes, inhibits, interferes with, restricts, or obstructs entry
and free access to any part of the structure or premises where inspection
authorized by this Code is sought, the building commissioner shall
be permitted to seek, in a court of competent jurisdiction, an order
that such owner, occupancy or other person in charge cease and desist
with such interference.
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104.6 Department record is DELETED and a new 104.6 shall read
as follows:
|
104.6 Department record. An official record shall be kept of
all business and activities of the department specified in the provisions
of this Code, and all such records shall be opened to public inspection
at all appropriate times and under regulations necessary to maintain
the integrity and security of those records and to safeguard certain
confidential information contained in such records.
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SECTION 105 APPROVAL
|
105.4 Used material and equipment is DELETED and a new 105.4
shall read as follows:
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105.4 Used material and equipment. Materials, equipment and
devices shall not be reused unless such materials have been reconditioned,
tested and placed in good and proper working condition and approved
for use by the code official.
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SECTION 106 VIOLATIONS
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106.3 Prosecution of violation is DELETED and a new 106.3 shall
read as follows:
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106.3 Prosecution of violation. In case of any unlawful acts
or failure to comply with a violation notice, the code official shall
institute an appropriate action or proceeding at law to exact the
penalty provided in Section 106.4. Also, the code official shall ask
the jurisdiction's legal representative to proceed at law or in equity
against the person responsible for the violation for the purpose of
ordering that person:
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1.
|
To restrain, correct or remove the violation or refrain from
any further execution of work;
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2.
|
To restrain or correct the erection, installation, maintenance,
repair or alteration of such structure;
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3.
|
To require the removal of work in violation; or
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4.
|
To prevent the occupancy or use of the structure which is not
in compliance with the provisions of this Code.
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106.4 Violation penalties is DELETED and a new 106.4 shall read
as follows:
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106.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof or as specifically outlined in Chapter 3, Section 302 of this code, shall be prosecuted within the limits provided by Section 100.220 of the Municipal Code of the City of Clarkson Valley. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
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SECTION 107 NOTICES AND ORDERS
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107.2 Form is DELETED and a new 107.2 shall read as follows:
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107.2 Form. Such notice prescribed in Section 107.1 shall:
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1.
|
Be in writing, e-mail or by personal contact with the owner/operator;
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2.
|
Include a description of the real estate sufficient for identification;
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3.
|
Include a statement of the violation(s) or reason(s) why the
notice is being issued; and
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4.
|
Include a correction order allowing a reasonable time for the
repairs and improvements required to bring the dwelling unit or structure
into compliance with the provisions of this Code.
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107.3 Method of service is DELETED and a new 107.3 shall read
as follows:
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107.3 Method of service. Such notice shall be deemed to be properly
served if a copy thereof is:
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1.
|
Delivered to the owner personally by leaving the notice at the
usual place of abode in the presence of someone in the family of suitable
age and discretion who shall be informed of the contents thereof.
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2.
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By certified or registered mail addressed to the owner at the
last known address with return receipt requested. If the certified
or registered letter is returned with an indication the letter was
not delivered, a copy thereof shall be posted in a conspicuous place
in or about the structure affected by such notice. Service of such
notice in the foregoing manner upon the owner's agent or upon the
person responsible for the structure shall constitute service of notice
upon the owner.
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SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT
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108.1 General is DELETED and a new 108.1 shall read as follows:
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108.1 General. When a structure or equipment, or part thereof,
is found by the code official to be unsafe, or when a structure or
part thereof is found unfit for human occupancy or use, or is found
unlawful, such structure shall be condemned pursuant to the provisions
of this Code and shall be placarded, vacated and shall not be reoccupied
without approval of the code official. Unsafe equipment shall be placarded
and placed out of service.
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108.1.3 Structure unfit for human occupancy is DELETED and a
new 108.1.3 shall read as follows:
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108.1.3 Structure unfit for human occupancy. A structure is
unfit for human occupancy or use whenever the code official finds
that such structure is unsafe, unlawful or because of the degree in
which the structure is in disrepair or lacks maintenance, is unsanitary,
vermin or rodent infested, contains filth and contamination or lacks
ventilation, illumination, sanitary or heating facilities or other
essential equipment required by this Code, or because the location
of the structure constitutes a hazard to the occupants of the structure
or to the public.
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SECTION 109 EMERGENCY MEASURES
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109.5 Costs of emergency repairs is DELETED and a new 109.5
shall read as follows:
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109.5 Costs of emergency repairs. If it is necessary for the
code official to contract material and labor in an emergency situation,
the jurisdiction shall pay said costs incurred. If said costs are
not voluntarily remitted to the City by the owner, the legal counsel
of the jurisdiction shall institute appropriate action against the
owner of the premises where the unsafe structure is or was located
for the recovery of such costs.
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109.6 Hearing. DELETED
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SECTION 110 DEMOLITION
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New subparagraphs 110.2.1 through 110.2.4 shall be added and
shall read as follows:
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110.2.1 Service. The notice of a code violation shall be served
on the affected parties, consisting of owner, occupants, lessee, mortgagee,
agent and all persons having an interest in the property, all as shown
by the records of the St. Louis County Recorder of Deeds Office. The
notice shall be served personally or by certified mail, return receipt
requested, or if service cannot be had by either of these modes of
service, then by at least one (1) publication in a newspaper having
general circulation within the City. The affected parties shall have
not less than thirty (30) days from the date of service to complete
demolition or to begin the repairs.
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110.2.2. Notice of Hearing. If the affected parties fail to
commence work on repairs or complete demolition within the time specified,
or fail to proceed continuously with the work without unnecessary
delay, the City Clerk shall call a hearing upon the matter, giving
the affected parties fifteen (15) days' written notice of the hearing.
Said notice must be served personally or by certified mail, return
receipt requested, or if service cannot be had by either of these
modes of service, then by at least one (1) publication in a newspaper
having general circulation within the City.
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110.2.3 Hearing. The Building Commissioner or his/her authorized
representative shall conduct a full and adequate hearing. Any affected
party may be represented by counsel and all affected parties shall
have an opportunity to be heard. After the hearing, if the evidence
supports a finding that the structure is a nuisance and detrimental
to the health, safety or welfare of the residents of the City of Clarkson
Valley, Missouri, the Building Commissioner shall issue a post-hearing
order making specific findings of facts, based on competent and substantial
evidence and order the structure to be demolished and removed, or
repaired. The post-hearing order shall be served in the same manner
as the notice of declaration of nuisance and pre-hearing order. The
post-hearing order shall contain a date certain for completion of
the required action.
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110.2.4 Upon Failure to Obey Post-Hearing Order. If any post-hearing
order of the Building Commissioner 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 ordinance within
thirty (30) days after issuance of any such order, the Building Commissioner
shall cause such structure to be vacated and repaired or demolished
as provided in the post-hearing order. The City Clerk shall certify
the cost for such action, including all administrative costs, and
shall cause a special tax bill against the property to be prepared,
filed and collected. Said tax bill shall be a lien upon said property,
said lien shall bear interest at the rate set by the Missouri Division
of Finance on the date the lien is filed.
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110.3 Failure to comply is DELETED and a new 110.3 shall read
as follows:
|
110.3 Failure to comply. Any structure which is found to be
detrimental to the health, safety and welfare of the residents of
the City of Clarkson Valley, Missouri, and which is declared to be
a code violation by the code official shall be vacated and demolished
or repaired in strict conformance with this and all referenced codes
in the time frame set forth in the notice or as agreed upon by the
code official.
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SECTION 111 MEANS OF APPEAL is DELETED in its entirety and a
new
|
SECTION 111 shall read as follows:
|
SECTION 111 MEANS OF APPEAL
|
111.1 For MEANS OF APPEAL —
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SECTION 112 STOP WORK ORDER
|
112.4 Failure to comply is DELETED and a new 112.4 shall read
as follows:
|
112.4 Failure to comply. Any person who shall continue any work
after having been served with a stop work order, except such work
as that person is directed to perform to remove a violation or unsafe
condition, shall be liable to a fine of not less than one hundred
dollars ($100.00) or more than one thousand dollars ($1,000.00).
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SECTION 201 GENERAL
|
201.3 Terms defined in other codes is DELETED and a new 201.3
shall read as follows:
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201.3 Terms defined in other codes. Where terms are not defined
in this chapter and are defined in the Municipal Code, City of Clarkson
Valley, Missouri, International Building, International Residential,
International Plumbing, International Mechanical, International Fire,
and NFPA 70 codes listed in Chapter 8, they shall have the same meanings
ascribed to them as in those codes.
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SECTION 202 GENERAL DEFINITIONS
|
The following definitions and the requirements thereof are DELETED:
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HOUSEKEEPING UNIT.
|
LET.
|
ROOMING HOUSE.
|
ROOMING UNIT.
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The following definitions shall be added:
|
DUMPSTER — Any container used for the collection of solid
waste and/or demolition and construction waste in excess of ninety
(90) gallons. No dumpster shall be set, placed or maintained in or
upon any sidewalk, street, road or highway.
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FAMILY — One (1) or more persons who are related by blood,
marriage, or legal adoption living together as a single household
unit; a group of not more than eight (8) persons not related by blood,
marriage, or adoption, living together as a single household unit
as defined under Chapter 89.020, RSMo.
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GRAFFITI — Markings, drawings or other visual depictions,
either graphic or written, placed upon any exterior surface, including,
but not limited to, building, window, retaining wall, fence, trash
containers, accessory building or driveway.
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HOME OCCUPATION — Any occupation, trade, or profession
carried on by a member of the immediate family, residing on the premises,
in which (a) no person is employed other than a member of the immediate
family residing on the premises, (b) no goods are stored on the premises
or shipped from the premises except those prepared on the premises,
(c) no mechanical equipment is installed or used except such as is
permissible for purely domestic or household purposes, and (d) no
pedestrian or vehicular traffic is generated near the residential
dwelling as a direct result of the occupation, trade, or profession,
other than immediate family members residing on the premises, (e)
no exterior display, no exterior alteration of the property including
expansion of parking, no exterior sign, no exterior storage of materials
and no other exterior indication of a home occupation or variation
from the residential character of the premises, (f) no use shall require
structural alterations to the interior or exterior of the building
which changes the residential character thereof, and (g) there shall
be no demand for parking beyond that which is normal to the neighborhood
and no visual or excessive traffic to and from the premises. Provided
further, that no display or other activity shall be permitted to indicate
from the exterior that the residential dwelling is being utilized
in whole or in part for any purpose other than that of a residential
dwelling.
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NOXIOUS WEEDS — (As may be amended from time to time by
the United States Department of Agriculture) Canada thistle, common
teasel, crown vetch, cut-leaved teasel, field blindweed, garlic mustard,
Johnson grass, kudzu, marijuana, multiflora rose, musk thistle, purple
loosestrife, and Scotch thistle.
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ONE-FAMILY DWELLING — A building containing one (1) dwelling
unit.
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PODS — An acronym and common name for Portable On Demand
Storage units: a container designed, constructed and commonly used
for non-permanent placement on property for the purpose of temporary
storage of personal property.
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RETAINING WALL — A wall or similar structure designed
for the retention of dirt, gravel, sand, soil or other landscaping,
natural or man-made material.
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STRUCTURE — Anything, with the exception of swing sets
located within the building lines, constructed, erected or located
thereon, the use of which requires permanent locations on the ground
or which, though movable, is used for a purpose which usually and
customarily involves permanent location on the ground (including,
but without limiting the generality of the foregoing, advertising
signs, billboards, poster panels, back stops for tennis courts, pergolas
and buildings for the housing of animals and fowls). The use of chicken
wire, barbed wire, chain link, or similar material in the construction
or maintenance of a structure is prohibited.
[Ord. No. 22-09, 9-6-2022] |
SWIMMING POOL —
Any man-made structure or prefabricated device,
being portable or non-portable, designed for the storage, containment,
retention, collection or circulation of water having a sidewall greater
than fifteen (15) inches and/or a diameter greater than six (6) feet
and which shall be designed or used for swimming.
All swimming pools shall be constructed so that
the pool is installed below the existing grade of the surrounding
yard and shall otherwise be installed into the ground. Above-ground
and on-ground swimming pools are prohibited.
For above ground enclosures, portable or non-portable,
designed for the storage, containment, retention, collection, or circulation
of water (wading pool) having a sidewall greater than fifteen (15)
inches and/or a diameter greater than six (6) feet are prohibited.
Penalty. Any responsible person may be charged with an offense under this Section and upon conviction shall be punished by fine or imprisonment as provided in Section 500.085, Penalty.
[Ord. No. 22-04, 2-1-2022] |
WOODED AREA — Any parcel of land having more than five
thousand (5,000) square feet of tree canopy coverage and where the
tree canopy is primarily comprised of trees equal to or larger than
five (5) inches in DBH. (Note: In the U.S., tree diameter is usually
measured at 4.5 ft. above ground level. Measurement at this height
is referred to as diameter at breast height or DBH.)
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YARD — An open space on the same lot with a building unoccupied
and unobstructed by any portion of a structure from the ground upward,
except driveways for ingress and egress and except as otherwise provided
herein.
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SECTION 301. GENERAL
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301.2 Responsibility is DELETED and a new 301.2 shall read as
follows:
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301.2 Responsibility. The owner of the premises shall maintain
the structures and exterior property in compliance with these requirements.
A person shall not occupy as owner-occupant or permit another person
to occupy or use premises which do not comply with the requirements
of this chapter.
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SECTION 302 EXTERIOR PROPERTY AREAS is DELETED and a new SECTION
302 EXTERIOR PROPERTY AREAS shall read as follows:
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SECTION 302 EXTERIOR PROPERTY AREAS
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302.2 Grading and Drainage. All premises shall be graded and
maintained to prevent the erosion of soil and to prevent the accumulation
of stagnant water thereon, or within any structure located thereon.
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Drainage of roofs and paved areas, yards and courts, and other
open areas on the premises shall not be discharged in a manner that
creates a public nuisance.
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The City requires sump pump discharge, surface water runoff
concentrated into an enclosed pipe system, and any other water collected
by artificial means shall not be discharged closer than ten (10) feet
to any property line and not within any public right-of-way or on
public property without prior temporary permission from the Building
Commissioner.
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302.4 Weeds shall be DELETED in its entirety and a new 302.4
(and sub-paragraphs 302.4.1 through 302.4.10) shall read as follows:
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302.4 Landscaping and certain vegetation: Lawn areas and landscaping
shall be properly maintained by the owner. Plants and grass that have
deteriorated or died shall be replaced and/or additional planting
shall be provided if required by the code official. Screening or additional
planting around refuse containers or mechanical equipment may also
be required to assure the desirable residential character of the premises.
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302.4.1 Weeds and/or grass. No person having control of any
lot of ground or any part of any lot or parcel of ground within the
City shall allow or maintain on such lot or parcel of ground any growth
of weeds or grass to a height of over seven (7) inches, unless the
growth is in a wooded area. Lots used for pasture, farming, crops,
timber, woods, prairie, or wetlands may not be required to comply
with the provisions of this paragraph. In non-wooded areas, it shall
be the duty of any person owning, leasing, occupying, or controlling
any plot of ground in the city to prevent the growth of and eliminate,
noxious weeds and invasive plants, including, but not limited to,
cockleburs, crown vetch, dandelions, garlic mustard, Japanese honeysuckle,
Johnson grass, multiflora roses, purple loosestrife, ragweed, thistles,
(see "noxious weeds" in definitions). However, in these instances
where a nuisance is determined to exist by the Building Commissioner
or his/her designee, the person having control of said property or
lot may be required to undertake the necessary maintenance to eliminate
the growth. Those lots or parcels of real estate within any "C" Office
District shall be governed by this paragraph.
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302.4.2 Restrictions for Ornamental Grasses including Bamboo
and Native Plants. Ornamental grasses, bamboo and native plants are
exempt from height restrictions on private property, if these grasses
do not obstruct sight distance for vehicular, bicycle, or pedestrian
traffic. Ornamental grasses and bamboo shall not be located within
five (5) feet from an adjacent property owner(s)' property line. The
City shall maintain a list of permitted ornamental grasses and native
plants.
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302.4.3 Dead trees, bushes or shrubbery prohibited. No person,
whether owner, lessee, or occupant, having control, possession, or
use of any lot or land, property or any part of any property not in
a wooded area shall allow dead trees, bushes, shrubbery, or debris,
to remain on such property. Dead trees, bushes, shrubbery, when cut
down, or debris, must be promptly removed from the property and disposed
of in such a manner as not to create a nuisance. It shall be the duty
of those responsible under this section for the removal of dead trees,
bushes, shrubbery or debris from a private lot to also remove dead
trees, bushes, shrubbery, or debris, from an abutting subdivision
common ground or subdivision easement. Tree stumps shall be removed
to grade level.
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302.4.4 Depositing grass clippings on streets or along creeks,
misdemeanor. No person whether owner, lessee, occupant, or contractor
shall allow or permit debris of any kind including, but not limited
to, weeds, grass, overgrown vegetation, dead trees, bushes or shrubbery
to be placed, left, mechanically blown, swept, fall, or thrown onto
any street, gutter, curb, road, lane, cul-de-sac, highway, open creek,
stream, watercourse, public place, storm sewer, common ground, or
right-of-way within the city limits. When complying with these sections
in cutting, mowing, trimming of weeds, grass, rank vegetation growths,
dead trees, bushes and shrubbery any such person shall promptly dispose
of debris by removal or in such a manner as to not create a nuisance.
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302.4.5 Notice To Owner Of Violation. When the Building Commissioner
or his/her duly authorized agent ascertains that noxious weeds and/or
vegetation as set forth in this Article are growing on any property
as described in Section 302.4, Section 302.4.1 and Section 302.4.2,
he may cause a notice to be directed to the owner or other person
in control of such lot or land that noxious weeds and/or other vegetation
are growing thereon and must be destroyed, and that such destruction
must be begun within seven (7) days after such notice is served and
be completed within fifteen (15) days after such notice. The notice
to the owner or other person in control of such lot or land shall
be served in any one (1) of the following ways:
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1.
|
By causing such notice to be delivered to such owner, agent,
occupant or other person in control either in the City or elsewhere.
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2.
|
By posting a copy of such notice upon the property in question,
such notice to be deemed served at the end of twenty-four (24) hours
after the posting thereof.
|
3.
|
By mailing such notice or copy thereof enclosed in a sealed
envelope, postage prepaid, directed to such owner or other person
in control of said property, either at his place of business or residence
in the City or elsewhere, such notice to be deemed served twenty-four
(24) hours after the mailing of such notice in case it is directed
to the business or residence address of the owner or other person
in control of such property, provided that if the owner or other person
in control of such property be non-residents of the City, and have
no addresses, then the notice shall be deemed served at the end of
such period after the mailing thereof as in the ordinary course of
transmission of the mail by the United States Government would be
required, for the receipt of such notice by the owner or other person
in control of such land at their place of residence.
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When the Building Commissioner or his duly authorized agent
ascertains that dead trees, bushes, shrubbery, or debris remain on
property as described in Section 302.4.3, abatement must be begun
within seven (7) days after such notice is served and be completed
within thirty (30) days after such notice. The notice to the owner
or other person in control of such lot or land shall be served in
any one (1) of the ways as set forth above.
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302.4.6 Removal By City Upon Owner, Lessee, Or Occupant's Failure
To Comply With Notice, Collection Of Costs. If the weeds, grass, overgrown
vegetation, or dead trees, bushes or shrubbery or debris are not cut
down and removed from such property on or before the date specified
in Section 302.4.5, the Building Commissioner, or his designee, may
without further notice have the same cut down and removed from such
property. The Building Commissioner, or his designee, shall certify
the cost of such cutting and removal to the city clerk who shall cause
the certified costs to be included in a special tax bill or added
to the annual real estate tax bill for such property, at the clerk's
option, and the certified costs shall be collected in the same manner
and procedure for collection of real estate taxes. If the certified
cost is not paid, the tax bill shall be considered delinquent and
the collection of the delinquent bill shall be governed by such laws
applicable to delinquent and back taxes. The tax bill shall, from
the date of its issuance, be deemed a personal debt against the owner
of the property and shall also be a lien on the property until paid.
The lien shall be enforceable in any manner provided by law and shall
bear interest at the rate of eight percent (8) per annum.
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302.4.7 ADMINISTRATIVE COSTS AND LIEN RECORDING FEES. As a part
of the cost of cutting weeds, rank vegetation growth, dead trees,
bushes and shrubbery pursuant to this Section, each lien issued under
this Section shall include such reasonable administrative charges
as are determined by the Building Commissioner for inspecting, giving
notice for issuing and recording the lien.
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302.4.8 FAILURE TO COMPLY WITH NOTICES, MISDEMEANOR. If the
weeds, grass, rank vegetation growths, or dead trees, bushes, shrubbery,
or debris, are not cut down and removed from such properly on or before
the date specified in 302.4.5, the owner, lessee, or occupant of such
property shall be deemed guilty of an ordinance violation and upon
conviction shall be subject to penalties as provided for in Section
106.4 of this Section. Any person whether owner, lessee, occupant,
or contractor is found in violation of Section 302.4.4 shall be deemed
guilty of a misdemeanor and upon conviction shall be subject to penalties
as provided for in Section 106.4 of this Section.
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302.9 COST OF NUISANCE OR REMOVAL ABATEMENT.
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1.
|
In addition to any other remedy or procedure provided by Missouri
Statute or city ordinances, if the owner of property has failed to
begin or pursue without unnecessary delay the removal of a nuisance
and the city has removed or abated a public nuisance that has been
declared to exist on any lot or land as provided in the ordinances
of the City of Clarkson Valley, the cost of such removal or abatement
may be added by the city to the annual real estate bill for the property
and collected in the same manner and procedure for collecting real
estate taxes.
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2.
|
The Mayor is hereby authorized and directed to enter into such
agreements with St. Louis County as are necessary or appropriate for
St. Louis County to include such nuisance abatement fees with the
tax bills sent each year by St. Louis County to residents of the City
of Clarkson Valley onto the tax bill of the owner of the property
where said nuisance was removed or abated.
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302.4.10 PENALTIES. Any owner, agent, occupant or person in
control of any property described in 302.4.1 through 302.4.4 who shall
violate or fail to comply with any provisions of this Section, including
failure to comply with the notice as described in 302.4.5, shall upon
conviction be punished as provided in 106.4 of this Code.
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302.8 Motor vehicles shall be DELETED in its entirety and a
new 302.8 shall read as follow:
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302.8 Motor vehicles. Parking Areas and Portable Storage Units:
Parking areas and garages shall be used only for the parking of private
tenant automobiles which have current license plates and are in working
condition. The parking for longer than seventy-two (72) consecutive
hours on any area, street, driveway or any other place or location
within the City, except in an enclosed garage, of any motorcycle,
boat, trailer, truck, camper, recreational vehicle, off-road vehicle
or other motor vehicle, except an automobile, non-commercial van or
non-commercial pickup truck which is used as a passenger vehicle.
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A new 302.10 PODS shall be added and shall read as follows:
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302.10 PODS.
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302.10.1 It shall be unlawful for any person to park, place
or allow placement of a portable storage unit, PODS or similar device
in or upon any street, highway, roadway, designated fire lane or sidewalk.
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302.10.2 It shall be unlawful, for any person to park, place
or allow placement of a portable storage unit, PODS or similar device
upon any lot or property in the City of Clarkson Valley other than
on a concrete, asphalt or other improved surface.
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302.10.3 It shall be unlawful for any person to park, place
or allow placement of a portable storage unit, PODS or similar device
upon any lot or property in Clarkson Valley for more than twenty-one
(21) consecutive days or on more than three (3) occasions in any twelve-month
period.
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302.10.4 No person shall park, place or allow placement of a
portable storage unit, PODS, or similar device without first obtaining
a building permit. The permit shall approve the location on the property,
the time period not to exceed those stated in this Section.
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302.10.5 This Section shall not apply to the use or placement
of construction trailers and equipment on property in association
with ongoing construction activities carried out pursuant to a valid
building permit, or to the placement of accessory buildings or storage
sheds.
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SECTION 303. Swimming Pools, Spas And Hot Tubs.
|
303.1 Swimming pools and 303.2 Enclosures are DELETED and a
new 303.1 and 303.2 shall read as follows:
|
303.1 Swimming Pools. Swimming pools shall be maintained in
a clean and sanitary condition, and in good repair. Any drainage,
overflow, leakage, splash out or other discharge of water from a public,
semi-public or family swimming pool shall under no circumstances be
discharged in a manner that causes standing or stagnant water or creates
a nuisance for the owners or tenants of surrounding properties.
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303.2 Swimming Pool Barriers. All swimming pools shall be enclosed
with a pool barrier as defined in the International Residential Code.
All barriers and hardware shall be maintained in good working order.
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SECTION 304. Exterior Structure
|
304.1. General is DELETED and a new 304.1 shall read as follows:
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304.1. General. The exterior of a structure shall be maintained
in good repair, structurally sound and sanitary so as not to pose
a threat to the public health, safety or welfare. General repairs
shall be made in a workmanlike manner using identical or, if not available,
similar material as the original installation
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SECTION 305 INTERIOR STRUCTURE
|
305.1 General is DELETED (subparagraphs remain) and a new 305.1
shall read as follows:
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305.1 General: The interior of a structure and equipment therein
shall be maintained in good repair, structurally sound and in a sanitary
condition.
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SECTION 308 RUBBISH AND GARBAGE
|
308.1 Accumulation of Rubbish or Garbage is DELETED and a new
308.1 shall read as follows:
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308.1 Accumulation of Rubbish or Garbage. All exterior property
and premises and the interior of every structure shall be free from
any accumulation of rubbish, garbage, debris and yard waste.
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308.1.1 Cleanliness: Every occupant of a single-family structure
shall keep that part of the structure and exterior property which
such occupant occupies, controls or uses in a clean and sanitary condition.
Every owner of a structure containing non-residential occupancies
shall maintain in a clean and sanitary condition the shared or public
areas of the structure and exterior property.
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308.2.1 Rubbish storage facilities is DELETED.
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308.2.2 Refrigerators is DELETED.
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308.3 Disposal of garbage is DELETED and a new 308.3 and 308.4
shall read as follows:
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308.3 for Disposal of garbage. See Title II Public Health, Safety and Welfare, Chapter 230, Solid Waste Management, Article, Trash Collection And Disposal Generally.
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308.4 Storage of containers. Rubbish and garbage containers
required in Section 308 shall be stored and kept in an approved location
that is not visible from the street frontage or from any public way.
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Exception. Cans may be placed at curb on designated days of
pickup.
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SECTION 309 PEST ELIMINATION
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309.1 Infestation is DELETED in its entirety and a new 309.1
shall read as follows:
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309.1 Infestation. All structures shall be kept from the infestation
of insects and rodents.
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309.2 through 309.5 DELETED.
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A new 309.2 shall be adopted and shall read as follows:
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309.2 Occupant. The occupant of any structure shall be responsible
for the continued rodent and pest-free condition of the structure.
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Exception. Where the infestations are caused by defects in the
structure, the owner shall be responsible for pest elimination.
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SECTION 401 GENERAL.
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401.2 Responsibility is DELETED in its entirety and a new 401.2
shall read as follows:
|
401.2 Responsibility. The owner of a structure shall maintain
all means of light and ventilation as required by the International
Residential Code.
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401.3 Alternative devices is DELETED in its entirety.
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SECTION 402 LIGHT is DELETED in its entirety.
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SECTION 403 VENTILATION is DELETED in its entirety.
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SECTION 404 OCCUPANCY LIMITATIONS is DELETED in its entirety.
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SECTION 701 GENERAL
|
701.2 Responsibility is DELETED in its entirety and a new 701.2
shall read as follows:
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701.2 Responsibility. The owner of any structure shall provide
and maintain such fire safety facilities and equipment in compliance
with these requirements.
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SECTION 702 MEANS OF EGRESS
|
702.1 General is DELETED in its entirety and a new 702.1 shall
read as follows:
|
702.1 General. A safe, continuous and unobstructed path of travel
shall be provided from any point in a building or structure to the
public way. Means of egress shall comply with the International Residential
Code, International Building Code and the Municipal Code, City of
Clarkson Valley, Missouri.
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702.2 through 702.4 DELETED in its entirety.
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SECTION 704 FIRE PROTECTION SYSTEMS
|
704.1. General is DELETED in its entirety and a new 704.1 shall
read as follows:
|
704.1. General. All detection and alarm devices and automatic
sprinkler systems required by the International Residential Code and
the International Building Code shall be maintained in an approved
and operable condition at all times.
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704.1.1. is DELETED in its entirety.
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704.2. through 704.4 DELETED in its entirety.
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