Editor's Note: As to Small Wireless Facilities, see Chapter
650.
[Ord. No. 1022, 12-20-2018]
A.
The purpose of this Chapter is to protect the public health, safety
and general welfare of the residents of Buckner in rental dwellings.
The further intent of this Chapter is to:
1.
Promote safe living conditions and a well-maintained community;
2.
Protect the character and stability of residential areas;
3.
Correct and prevent housing conditions that adversely affect
or are likely to adversely affect the safety, health and welfare of
residents of rental properties;
4.
Preserve the value of land and buildings throughout the City;
and
5.
Ensure minimum standards for the interior of residential buildings.
[Ord. No. 1022, 12-20-2018]
As used in this Chapter, the following terms shall have the
meanings indicated:
A duly authorized officer or person of a business applying
for an occupation license, either new or renewal.
All kinds of vocations, occupations, professions, enterprises,
establishments and all other kinds of activities and matters together
with all devices, machines, vehicles and appurtenances used therein,
any of which are conducted for private profit or benefit, either directly
or indirectly, on any premises in this City, or anywhere else within
its jurisdiction, unless specified as a non-business through State
or City Charter exemption.
The City of Buckner, Missouri.
The Code of the City of Buckner, Missouri.
A building or structure that contains one (1) or more Dwelling
Units or Rooming Units intended or designed to be used or occupied
for living purposes.
A single unit providing complete, independent living facilities
for one (1) or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
The presence, within or contiguous to, a structure or premises
of insects, rats, vermin or other pests.
Any person firm or corporation who rents, let or let for
occupancy dwelling units owned by such person, firm or corporation.
To permit possession or occupancy of any dwelling by a person
who is or is not the legal owner of a record thereof, pursuant to
a written or unwritten lease, agreement or license, or pursuant to
a recorded or unrecorded agreement of contract for the sale of land.
Is the twelve-month period beginning the first day of the
month in which a license is issued for or renewed.
Any person who, alone or jointly or severally with others,
shows Rental Dwellings to prospective Occupants and/or enters lease
agreements on the Owner's behalf, and/or receives Rent from Occupants,
and/or is responsible for, or arranging for, maintenance of a Rental
Dwelling.
Any individual living or sleeping in a Rental Dwelling, or
having possession of a space within a Rental Dwelling.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the State, County or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
Any individual, firm, corporation, association, partnership,
cooperative or governmental agency.
A lot, plot or parcel of land including any structures thereon.
A private inspector who is registered with the City as a
qualified rental ready inspector and currently maintains and possesses
at least one (1) of the following credentials:
International Code Council (ICC): Building or Property Mtc.
Inspector;
American Home Inspection Training (AHIT);
American Society of Home Inspectors (ASHI);
National Association of Home Inspectors (NAHI);
American Association of Code Enforcement (AACE): Property Mtc
and Housing Inspector;
National Society of Home Inspectors (NSHI);
National Association of Housing and Redevelopment Officials
(NAHRO); Specialist of Inspections;
International Association of Certified Home Inspectors (InterNACHI);
Missouri Licensed Real Estate Professional;
City of Buckner Licensed Contractor.
Payments of cash or other forms of consideration made periodically
by an Occupant to an Owner, Owner's Representative or Manager
in return for the use of a Rental Dwelling.
A dwelling, or a portion of a Dwelling, designed for or used
for human habitation and offered for Rent or Let for Occupancy.
A dwelling unit that is or may be available for rent or let
for occupancy, or is occupied or rented by a tenant or subtenant in
exchange for any form of consideration.
Any liquid waste containing human, animal or vegetable matter
in suspension or solution, and may include liquids containing chemicals
in solution.
Is temporary housing usually incorporated with case management
for individuals living in Emergency Shelter at least sixty (60) days
to help move them to self-sufficiency and obtain permanent housing.
[Ord. No. 1022, 12-20-2018]
A.
The provisions of this Chapter shall apply to all rental dwelling
units as defined by this Chapter. One (1) Business License shall be
issued for each rental dwelling building under common ownership and
shall be deemed to cover all units therein under common ownership.
In the event any Rental Dwelling building has different ownership
for different units therein, each owner shall be required to obtain
a separate Business License. (For example, if each Dwelling Unit of
a duplex is owned by separate owners and offered for rent or let for
occupancy, each owner must obtain a separate business license.)
B.
The provisions of this Chapter shall not apply to the following rental
dwelling units:
1.
Housing units that are unavailable for rent;
2.
Housing units in hotels, motels, inns, bed and breakfasts, or
in similar accommodations that provide lodging for transient guests;
3.
Housing units in any State licensed hospital, hospice, community-care
facility, intermediate-care facility, or nursing home;
4.
Housing units in any convent, monastery, or other facility occupied
exclusively by members of a religious order or congregation;
5.
Emergency or temporary shelter or transitional housing accommodations;
6.
Housing units owned, operated, or managed by a major educational
or medical institution or by a third party for the institution.
[Ord. No. 1022, 12-20-2018]
A.
No person shall allow to be occupied, offer for rent, rent to another for occupancy or let for occupancy any rental dwelling unless the owner has first obtained a valid business license issued in accordance with Chapter 605 of the City Code.
B.
All those who hold a valid business license at the time this Chapter
becomes effective shall be deemed to hold a valid business license
within the meaning of this Chapter.
[Ord. No. 1022, 12-20-2018]
A.
The owner of each rental dwelling shall make a business license application
to the City on a form furnished by the City for said purpose. The
application shall include the following information:
1.
Owner's information to include full name, residence address,
telephone number and email address.
2.
The owner has placed on file with the City the name(s), business
address(es), telephone number(s) and email addresses of the Property
Manager (if different than the Owner) who is responsible for day-to-day
maintenance and management of the registered premises owned in whole
or part by the applicant. (Note: A post office box will not be accepted
for any address required in this Subsection.)
3.
A list of all rental dwelling units owned by the owner, identified
by a means unique to each unit, that are or may be available for rent
at any time.
4.
The total number of rental dwellings on the premise and owned
by the owner in the City of Buckner.
5.
A valid rental unit inspection form shall be submitted to the
City in the form and manner prescribed by the City for all rental
units.
[Ord. No. 1022, 12-20-2018]
A.
A valid rental unit inspection form shall be submitted to the City
in the form and manner prescribed by the City for all rental units.
B.
The qualified rental housing inspector hired by the property owner
shall make an inspection of the dwelling or dwelling units for which
a satisfactorily completed and executed application for a Rental Ready
certificate is filed.
C.
Any rental dwelling unit that has been inspected for any reason may
submit that inspection report provided the inspection is no older
than twelve (12) months.
D.
During the initial implementation, the rental dwelling unit inspection
shall be valid for up to two (2) years from the date the City issues
the business license for the rental dwelling units(s). After the initial
implementation, the rental dwelling unit inspection shall be valid
for two (2) years from the date the City issues the business license
for the rental dwelling unit(s).
[Ord. No. 1022, 12-20-2018]
A.
Prior to the issuance of a business license for a rental dwelling
or any renewal thereof, the qualified rental housing inspector shall
provide to the City a passed rental unit inspection form of the premises
to determine compliance with this Chapter. The rental unit inspection
form shall include:
1.
No exposed electrical wires.
2.
All outlet and switch covers are to be secured in place and
intact.
3.
Smoke detectors are to be in proper working order and installed
within six (6) feet of furnaces, laundry rooms, water heaters, and
bedrooms. Combined smoke and carbon monoxide detectors are allowed.
4.
All stairways of four (4) or more steps shall be equipped with
handrails, and all handrails shall be secure and functional.
5.
All units shall have a working water delivery system appropriately
connected to the City water supply and a working sanitary drainage
system free of leaks and appropriately connected to the City sewerage
system.
6.
At least one (1) fully functional carbon monoxide detector shall
be installed in each rental unit at an approved location. In multi-unit
complexes an additional carbon monoxide detector shall be installed
at the lowest level of each interior stairwell. Combined smoke and
carbon monoxide detectors are allowed.
7.
A safe, continuous and unobstructed means of egress shall be
provided from the interior of the structure to a public way.
8.
Ground-fault circuit interrupters are required to be placed
within six (6) feet of any water source, including, but not limited
to, bathrooms, garages, basements and kitchens.
9.
All furnaces, water heaters, and corresponding accessories shall
be property installed and maintained in a safe working condition and
shall be capable of performing their intended functions.
10.
Correct housing number shall be installed in such a way as to
be visible from the street. In multiple-unit complexes each building
shall be marked to indicate individual unit identification ranges
(A1-A10, 100-110, etc.) and be visible from the street or parking
area.
B.
Inspection of rental dwelling units for a Rental Certificate shall
be accomplished as follows:
1.
The City Administrator or his/her designee shall propose to
the Planning and Zoning Commission a list of inspection firms deemed
capable of the successful completion of rental inspections at an approved
rate as outlined herein. Only those inspection firms approved by the
Commission shall be authorized to perform rental inspections.
2.
All rental dwelling units shall be inspected by a Qualified
Rental Housing Inspector every two (2) years.
3.
Any premise with multiple units on a single property which share
common walls and/or common floors/ceilings shall have one hundred
percent (100%) of the total number of rental units on the property
inspected.
[Ord. No. 1022, 12-20-2018]
When the owner has properly completed the business license application
for all rental unit(s), completed all requirements as provided herein
and complied with all applicable codes, then the Rental Certificate
shall be issued.
[Ord. No. 1022, 12-20-2018]
Every owner of a rental dwelling shall notify the City of any
change of information contained in the last Business License application
filed with the City within thirty (30) days after the changed information.
[Ord. No. 1022, 12-20-2018]
A business license application must be accompanied by the business license fees as required in Chapter 605 of the City Code. Inspection fees shall be set by the Commission. Initial fee is fifty dollars ($50.00).
[Ord. No. 1022, 12-20-2018]
A.
The City may revoke, suspend, deny or deny renewal of any business
license issued under this Chapter where any of the following applies:
1.
False statements on any application or information or report
required by this Chapter to be given by the applicant, registrant,
or permit holder.
2.
Failure to pay any application, penalty, re-inspection, or reinstatement
fee required by this Chapter.
3.
Failure to correct deficiencies within the time frame specified
in a Notice of Violation issued pursuant to this Chapter.
4.
Failure to provide proof of Rental Unit inspection as required
by this Chapter.
[Ord. No. 1022, 12-20-2018]
Any person violating the provisions of this Chapter shall, upon
conviction thereof, be subject to a fine up to four hundred fifty
dollars ($450.00). In additional thereto, the City may institute injunction,
mandamus or other appropriate forms of remedy or relief. Provided,
that it shall be a defense to a prosecution under this Chapter that
a person charged requested and used reasonable efforts to obtain access
to a dwelling unit or rooming unit under lease to another and was
refused access by the lessee or person in possession of such unit.
