[Ord. No. 003-2020, 2-17-2020]
A. The
purpose of this Article is to protect the public health, safety and
general welfare of the residents of Cabool in rental dwellings. The
further intent of this Article 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. 003-2020, 2-17-2020]
As used in this Article the following terms shall have the meanings
indicated:
APPLICANT
A duly authorized officer or person of a business applying
for an occupation license, either new or renewal.
BUSINESS
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.
CITY
The City of Cabool, Missouri.
CITY CODE
The Municipal Code of the City of Cabool, Missouri.
DWELLING
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.
DWELLING UNIT
A single unit providing complete, independent living facilities
for one (1) or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
INFESTATION
The presence, within or contiguous to, a structure or premises,
of insects, rats, vermin or other pests.
LANDLORD
Any person firm or corporation who rents, lets or lets for
occupancy dwelling units owned by such person, firm or corporation.
LET or LET FOR OCCUPANCY
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.
LICENSE YEAR
The twelve-month period beginning the first day of the month
in which a license is issued for or renewed.
MANAGER
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.
OCCUPANT/TENANT
Any individual living or sleeping in a rental dwelling, or
having possession of a space within a rental dwelling.
OWNER
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.
OWNER'S REPRESENTATIVE
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
PERSON
Any individual, firm, corporation, association, partnership,
cooperative or governmental agency.
PREMISES
A lot, plot or parcel of land including any structures thereon.
QUALIFIED RENTAL HOUSING INSPECTOR
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:
1.
International Code Council (ICC): Building or Property Mtc Inspector;
2.
American Home Inspection Training (AHIT);
3.
American Society of Home Inspectors (ASHI);
4.
National Association of Home inspectors (NAHI);
5.
American Association of Code Enforcement (AACE): Property Mtc
and Housing Inspector;
6.
National Society of Home Inspectors (NSHI);
7.
National Association of Housing and Redevelopment Officials
(NAHRO) Specialist of Inspections;
8.
International Association of Certified Home Inspectors (InterNACHI);
9.
Missouri Licensed Real Estate Professional;
10.
City of Cabool Licensed Contractor;
11.
City of Cabool Authorized Employee.
RENT
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.
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.
RENTAL DWELLING UNIT
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.
SEWAGE
Any liquid waste containing human, animal or vegetable matter
in suspension or solution, and may include liquids containing chemicals
in solution.
TRANSITIONAL HOUSING
Temporary housing usually incorporated with case management
for individuals living in an emergency shelter at least sixty (60)
days to help move them to self-sufficiency and obtain permanent housing.
[Ord. No. 003-2020, 2-17-2020]
A. The
provisions of this Article shall apply to all rental dwelling units
as defined by this Article. 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 Article 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; and
7. No managed governmental housing properties.
[Ord. No. 003-2020, 2-17-2020]
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
500 of the City Code.
B. All
those who hold a valid business license at the time this Article becomes
effective shall be deemed to hold a valid business license within
the meaning of this Article.
C. A business license shall be valid as prescribed in Chapter
500 of the City Code,
[Ord. No. 003-2020, 2-17-2020]
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. The total number of rental dwellings on the premises
and owned by the owner in the City of Cabool.
4. Business license fees are ten dollars ($10.00) a year. Business licenses
renew January 1st of each year.
[Ord. No. 003-2020, 2-17-2020]
A. A valid
rental unit inspection form shall be prepared by the City for all
rental units.
B. The
qualified rental housing inspector employed by the City shall make
an inspection of the dwelling or dwelling units for which a satisfactorily
completed and executed application for a rental 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. 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). The City business license
renews annually. During the initial implementation, the rental dwelling
unit inspection shall be valid until such time, if any, as the City
may indicate that a review of the license is necessary because of
ongoing issues involving the rental property.
[Ord. No. 003-2020, 2-17-2020]
A. The
qualified rental housing inspector shall provide to the City a passed
rental unit inspection form of the premises to determine compliance
with this Article. 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 properly 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
(A-1 — A-10, 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. All rental dwelling units shall be inspected by a qualified rental
housing inspector whenever there are issues involving the rental property.
2. 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. 003-2020, 2-17-2020]
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. In the event that a rental certificate is not issued,
the rental premises or property cannot be occupied for housing purposes
and the City shall not turn on utilities for said property.
[Ord. No. 003-2020, 2-17-2020]
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. 003-2020, 2-17-2020]
A business license application must be accompanied by the business license fees as required in Chapter
500 of the City Code. The annual business license fee is ten dollars ($10.00).
[Ord. No. 003-2020, 2-17-2020]
A. The
City may revoke, suspend, deny, or deny renewal of any business license
issued under this Article where any of the following applies:
1. False statements on any application or information or report required
by this Article to be given by the applicant, registrant, or permit
holder.
2. Failure to correct deficiencies within the time frame specified in
a notice of violation issued pursuant to this Chapter.
B. No business license may be denied, suspended, revoked or the renewal thereof denied unless notice and an opportunity to be heard is given the holder of the business license in accordance with the notice provisions set forth in Chapter
500 of the City Code, as applicable.
[Ord. No. 003-2020, 2-17-2020]
The City may avail itself of any and remedies in law and equity
to enforce the provisions of this Article.