[CC 2008 § 5-28; Ord. No. 476, § 1]
That a certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Bland, being marked and designated as the International Property Maintenance Code, 2003 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Bland, in the State of Missouri, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the City of Bland are hereby referred to, adopted and made a part hereof, as if fully set out in this Article, with the additions, insertions, deletions and changes, if any, prescribed in Section
500.020 of this Article.
[CC 2008 § 5-29; Ord. No. 476, § 2]
All previous ordinances and parts of ordinances of the City
of Bland in conflict with this Article are hereby repealed on this
date, the 11th day of September 2007, and Chapter 1 (Administration),
Chapter 2 (Definitions), and Chapter 3 (General Requirements) are
hereby adopted this 11th day of September 2007.
[CC 2008 § 5-30; Ord. No. 476, § 3]
If any Section, Subsection, sentence, clause or phrase of this
Article is for any reason held to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this Article.
The Bland Board of Aldermen hereby declares that it would have passed
this Article, and each Section, Subsection, clause or phrase thereof,
irrespective of the fact that any one (1) or more Sections, Subsections,
sentences, clauses and phrases be declared unconstitutional.
[CC 2008 § 5-31; Ord. No. 476, § 4]
Nothing in this Article or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section
500.020 of this Article; nor shall any just legal right or remedy of any character be lost, impaired or affected by this Article.
[Ord. No. 578, 12-12-2016]
A. Application. This Section shall only apply to all residential properties.
B. Inspector. To enforce this Section, the City may hire a qualified
inspector, contract with a private qualified inspector, or contract
with a corporation or business to provide qualified inspectors. As
used in this Section, "qualified inspector" mean any person knowledgeable
and experienced in inspecting residential properties.
C. Occupancy Permit.
1.
An occupancy permit from the City shall be required any time
there is an initial application to the City for water or sewer service
on new, residential construction, or there is a change in the primary
occupier of the existing residence. It shall be the responsibility
of the property owner to make sure all occupancy permits are obtained.
2.
It shall be the responsibility of the property owner to obtain
an approved inspection before the sale, rental or establishment of
occupancy in the case of new, residential construction. It shall be
the responsibility of the property owner of existing, residential
property to obtain an approved inspection within thirty (30) days
of moving in a single family residential unit.
3.
If, upon initial inspection, the property in question does not meet the requirements set forth in Subsection
(D) of this Section, and the owner or occupier is not able to complete the necessary repairs within the thirty (30) days allotted, the owner or occupier shall make application for a temporary permit as set forth in Subsection
(E) of this Section.
4.
The occupancy permit shall state the names of the owner and
occupants, the address and zoning of the premises. No occupancy permit
shall be issued until the zoning regulations and safety and maintenance
requirements are met or until such compliance is guaranteed. All applications
for an occupancy permit shall be filed at City Hall and a twenty-five
dollar ($25.00) fee shall be charged.
a.
If a complaint is made with City Hall by the occupying tenant of an apartment complex against the property stating the property is not in compliance with Section
500.060 of this Chapter, such property owner shall be responsible to obtain and comply with an inspection at that time.
5.
All applications for an occupancy permit that require an inspection
shall be filed at City Hall and a two hundred dollar ($200.00) fee
shall be charged for the initial inspection and one (1) reinspection.
Property is not required to have an inspection if the property has
previously been inspected and passed within the last twelve (12) months.
The fee for an additional inspection shall be two hundred dollars
($200.00). After the Building Inspector, City Engineer, or Inspector
inspects a unit as provided for herein, he or she shall issue an occupancy
permit if the unit complies with this Article; or if it does not,
he/she shall notify the applicant in writing of any violations within
three (3) business days after the inspection.
D. Requirements For Permit. To receive an occupancy permit, the property inspected shall comply with all requirements set forth in Section
500.060 of this Chapter.
E. Temporary Permits. In the case where an owner or occupier wishes
to move into a residential property where deficiencies are noted by
the building inspector, the owner or occupier of the property may
apply for a temporary permit with the City specifying the deficiencies
and the date when compliance will be met. The temporary permit will
allow occupancy of the structure only until the specified compliance
date which shall not exceed one hundred eighty (180) past. Time extensions
will only be granted if approved by the inspector. If the compliance
date is not met, and the property continues occupied, the inspector
shall file a complaint with the municipal court. Additionally, water
and sewer service will be discontinued.
F. Temporary Utilities. The City of Bland Public Works Director may
allow the use of water and sewer services for a period of not more
than three (3) days for the purpose of testing, installing, or repairing
water and sewer systems. No additional fees or permits are necessary.
The payment of water and sewer services used during such periods shall
be charged to the property owner.
G. Appeals. If an occupancy permit is denied, the applicant has the
right to appeal the decision to the Board of Adjustment. If the Board
of Adjustment is not in place, the appeal shall be made with the Board
of Aldermen.
H. Penalty. It shall be a violation for any person to knowingly make false statements in his or her application for an occupancy permit. It shall also be a violation for any property owner to fail to seek and receive an occupancy permit prior to sale, rental or occupancy of new, residential construction. It shall also be a violation for a new resident of existing residential property to fail to seek and receive an occupancy permit within thirty (30) days of moving in. Any person found guilty of violating this law shall be subject to fines as set forth in Section
100.220 of this Code. Each day of violation shall be a separate violation of this Section. In addition, in instances where the dwelling unit constitutes a dangerous building or a public nuisance, the City is authorized to abate such conditions in accordance with Sections in the City ordinances or seek a court order enjoining occupancy of the premises.
[CC 2008 § 5-22; Ord. No. 414]
A. No person shall occupy as owner-occupant or let to another for occupancy
any dwelling or dwelling unit for the purpose of living therein which
does not comply with the following requirements:
1.
Every dwelling unit shall be clean, sanitary and fit for human
occupancy;
2.
Every foundation, floor, wall, ceiling and roof shall be structurally
sound, reasonably weathertight, and rodent-proof; shall be capable
of affording privacy and shall be kept in good repair;
3.
Every window, exterior door and basement hatchway shall be reasonably
weathertight, watertight and rodent-proof and shall be kept in satisfactory
working condition and in good repair;
4.
Every inside and outside stair, porch and appurtenance thereto
shall be so constructed as to be safe to use and capable of supporting
the load that normal use may cause to be placed thereon, and shall
be kept in satisfactory condition and good repair;
5.
Every plumbing fixture, water and waste pipe and sanitary sewerage
facility shall be properly installed and maintained in good sanitary
working condition;
6.
All existing gutters, downspouts and other storm drainage facilities
shall be properly installed and maintained in good working condition;
7.
All dwellings for human occupancy shall have running water and
electricity a sewer system or tank;
8.
All equipment and their appropriate supply systems, including
gas, electricity, oil, water, wood or coal, shall be so constructed
or installed that they will function safely and effectively and shall
be maintained in satisfactory working condition;
9.
All stoves and fireplaces shall be so constructed or installed
that they will be function safely and effectively and shall be maintained
in satisfactory working condition;
10.
Any auxiliary structures, such as sheds, barns, garages, fences,
retaining walls or other outbuildings shall be constructed properly
and maintained in a safe working condition. Any outbuilding found
so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested
as to be a public nuisance shall be corrected or the structure removed;
11.
Any exterior painted surfaces, including fences, shall be finished.
Surfaces which have peeled, scaled, deteriorated or failed to the
extent of being unsightly shall be corrected;
12.
All trash, debris, weeds, including all garbage, abandoned vehicles
or parts thereof, shall be removed from the premises. In the case
of new construction, vegetation shall be established. If vegetation
is not established, erosion control can be implemented with the approval
of the City Inspector.
[CC 2008 § 23-41(f); Ord. No. 231, § 1.9]
The Board of Aldermen, by special permit, after public hearing,
and subject to such conditions and protective restrictions as are
deemed necessary, authorize the removal of gravel, topsoil, clay,
or similar natural material, with safeguards for the protection of
adjoining property and the community as a whole, including the grading
or backfilling of the excavated area so as to substantially conform
with the contour of the surrounding area and to permit revegetation.