City of Ellisville, MO Chapter 500 Building and Property Maintenance Regulations

Cross References — City engineer, §115.220 et seq.; code enforcement officer, §115.250 et seq.; department of public works, §120.020 et seq.; private swimming pools required to comply with building code, §240.120; planning and zoning commission, §400.010; board of adjustment, §400.020; environmental impact statements and environmental reports, §400.160; nuisances, §215.070, et seq.; signs and advertising devices, ch. 410; subdivisions, ch. 405; zoning, ch. 400.

Editor’s Note — Electrical fees, inspections and applications are handled by St. Louis County.

Article I Adoption of Building and Property Maintenance Codes

Section 500.010 Building and Property Maintenance Codes Adopted.

[Ord. No. 3297 §1, 8-17-2016[1]; Ord. No. 3458, 6-17-2020]

A. The Building Code of the City of Ellisville shall consist of the following codes, three (3) copies of which are on file in the office of the City Clerk, which are incorporated by reference and made a part hereof as though fully set out herein:

1. The International Building Code, 2015 Edition, including Appendix Chapters A, and C through K, published by the International Code Council.

2. The International Residential Building Code For One- And Two-Family Dwellings, 2015 Edition, published by the International Code Council.

3. The National Green Building Standard, 2015 Edition, published by the International Code Council.

4. The International Plumbing Code, 2015 Edition, including Appendix Chapters A through G, and the International Private Sewage Disposal Code, including Appendix Chapters A and B, published by the International Code Council.

5. The International Property Maintenance Code, 2015 Edition, published by the International Code Council.

6. The St. Louis County Explosives Code, as adopted by St. Louis County through the date of its last amendatory ordinance.

7. The St. Louis County Weights and Measures Code as adopted by St. Louis County through the date of its last amendatory ordinance.

8. The St. Louis County Property Maintenance Code, as adopted by St. Louis County through the date of its last amendatory ordinance, as it applies to the services of the St. Louis County Problem Property Unit (St. Louis County Ordinance 22,316 adopted May 18, 2005).

9. The International Swimming Pool and Spa Code, 2015 Edition, published by the International Code Council.

10. The National Electrical Code, 2014 Edition, published by the National Electrical Code Committee.

11. The International Mechanical Code, 2015 Edition, published by the International Code Council.

12. The 2015 International Fire Code, published by the International Code Council.

[1] Editor's Note: Section 1 of this ordinance repealed former Ch. 500, Building Codes and Building Regulations, adopted and amended by R.O. 2005 §§6-16 — 6-24, 6-56 — 6-72, 29-1 — 29-3; CC 1997 §§7-16 — 7-24, 7-56 — 7-64, 7-66 — 7-68, 7-70 — 7-73; §§29-1 — 29-2; Ord. No. 1409 §4, 3-16-1988; Ord. No. 1564 §1 — 2, 1-17-1990; Ord. No. 1672 §4, 8-21-1991; Ord. No. 1816 §§1 — 4, 6-2-1993; Ord. No. 1834 §1, 8-4-1993; Ord. No. 1938 §§1 — 2, 9-6-1994; Ord. No. 2151 §1, 2-19-1997; Ord. No. 2322 §1, 5-5-1999; Ord. No. 2396 §§1 — 2, 8-16-2000; Ord. No. 2686 §§1 — 4, 1-19-2005; Ord. No. 2690 §§1 — 2, 3-16-2005; Ord. No. 2738 §1, 1-18-2006; Ord. No. 2747 §1, 2-15-2006; Ord. No. 3035 §§1 — 7, 7-20-2011.

Section 500.020 Amendments to Building Codes. [1]

[Ord. No. 3297 §1, 8-17-2016; Ord. No. 3458, 6-17-2020]

A. The following additions, insertions and changes shall be incorporated into the International Building Code, 2015 Edition, adopted as provided for in Section 500.010:

1. Section 101.1 Insert: "City of Ellisville."

2. Section 105.1 Add the following:

The Building Official shall require building permits for all proposed construction and other improvements in this community before such construction or improvement shall be commenced in accordance with the Building Code. No building permit may be issued until the Council has granted approval for such construction in accordance with procedures in Chapter 400, Zoning Code, as applicable, and the requirements of this Chapter and other Chapters and ordinances of the City have been complied with.

3. 

Section 105.3 Add the following:

1. The Building Official shall be empowered to provide by regulation for the type of plans or other evidence of type of construction and use that shall be submitted to him/her for review by applicants for building permits. Applicants shall submit at least four (4) complete sets of plans for review to include at least the following:

a. Drawings.

b. Specifications.

c. Calculations.

d. Legal interest of applicant.

e. Other information as required by the Building Official's office.

2. The Building Official's office shall be generally responsible for the proper administration of the following:

a. Building permit application and fees.

b. Plan review procedure and escrow fees.

c. Inspections and inspection fees.

d. Issuing occupancy permits.

3. There will be a charge for such building permits as set forth in Section 109.2 "Fee Schedule."

4. 

Section 105.4 Add the following:

Hours Authorized. Any activity requiring issuance of a building permit for outdoor construction activity as set forth in Subsection (A), except in the case of emergency involving public safety, shall only be valid during the following times:

a. Between the hours of 7:00 A.M. and 8:00 P.M. on Monday through Saturday, subject to Subsection (c);

b. Between the hours of 9:00 A.M. and 5:00 P.M. on Sunday;

c. Between the hours of 9:00 A.M. and 5:00 P.M. on New Year's Day, Easter, Memorial Day, July 4th, Labor Day, Thanksgiving, and Christmas.

5. 

Section 109.2 Insert: "Fee schedule" as follows:

1. The following permit/inspection fees shall apply:

Building Permits	Building Inspections	Occupancy Permits	Occupancy Inspections
$3.00 per $1,000.00 of estimated construction costs for residential/commercial, minimum fee of $15.00	$55.00 each inspection	$1.00 per 100 gross square feet, minimum of $25.00	$4.00 per 100 gross square feet, minimum of $60.00

2. Square foot fees shall be determined by multiplying the per square foot fee by the gross floor area. For new residential construction the gross floor area of the basement and the garage shall be deducted from the total structure gross floor area. The term "gross floor area" shall be defined as the total floor area within the perimeter of the outside walls of each floor and shall be calculated for each floor of the structure under consideration.

3. The number of inspections for each structure under consideration shall be determined by the Building Official. Any additional inspections made at the request of any individual or contractor or authorized agent or due to work needing to be re-inspected shall be subject to additional fees.

4. Upon each change in occupancy by sale, lease or rent of a structure, an occupancy permit shall be obtained.

5. In the event a structure is occupied prior to completing an occupancy inspection, a charge of double the normal inspection fee shall be paid.

6. All costs or plan review fees charged by outside third parties such as engineers or other professionals for plan review shall be paid by the applicant, as per the plan review escrow agreement as provided by the Building Official's office.

7. All fees shall be paid into the Treasury of the City.

6. Section 109.3 Building Permit Valuations. Delete in its entirety and replace with the following:

Section 109.3 Building permit valuations. Building permit valuations shall include total value of the work for which a permit is being issued, such as electrical, gas, mechanical, plumbing equipment and other permanent systems, including materials and labor. The valuation shall be set by the ICC building cost valuation data cost square footage estimation or copy of the actual contract showing construction cost, in the event that a submitted valuation is noticeably below market valuation.

7. Section 113 Delete in its entirety and replace with the following:

Section 113 Board of Appeals

Section 113.1 Application for appeal. Any person directly affected by a decision of the Building Official or a notice or order issued under this code shall have the right to appeal to the Board of Adjustment in accordance with Section 400.140 of the Municipal Code.

8. Section 1612.3 Insert: "City of Ellisville" and "August 2, 1995."

9. Section 3410.2 Replace "January 1, 1965" with "September 16, 2016."

B. The following additions, insertions and changes shall be incorporated into the Residential International Building Code, 2015 Edition, adopted as provided for in Section 500.010:

1. Section R101.1 Insert: "City of Ellisville."

2. Section R105.2 #1 Delete in its entirety and replace with the following:

Section R105.2 #1 One-story detached accessory structures and storage sheds, playhouses and similar uses, provided the floor area does not exceed one hundred (100) square feet.

3. Section R108.6 Delete in its entirety and replace with the following:

Section R108.6 Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical, or plumbing system before obtaining the necessary permits shall be subject to a fee of double the actual permit fee to obtain the necessary permit.

4. Section R112 Means of Appeal.

R112.1 Application for appeal. Any person directly affected by a decision of the Building Official or a notice or order issued under this code shall have the right to appeal to the Board of Adjustment in accordance with Chapter 400, Section 400.140, of the Municipal Code.

5. Table R301.2(J) Insert the table below.

Table R301.2(1)
Climatic and Geographic Design Criteria
Subject to Damage From
Ground Snow Load	Wind Speed (MPH)	Seismic Design Category	Weather- ing	Frost Line Depth	Termite	Decay	Winter Design Temp	Ice Shield Under- Layment Required	Flood Hazards	Air Freezing Index	Mean Annual Temp
20	90	C	Severe	30 inches	Moder- ate to Heavy	Slight to Moder- ate	2	Yes	8-12-1995		56.3

6. Section P2603.601 Insert eighteen (18) inches in two (2) places.

7. Sections 310.6 and 310.7 Two new Sections are hereby enacted to read as follows:

Section 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. Exception: Unfinished basement spaces being converted to habitable space other than sleeping rooms when smoke detectors, in addition to those required by Section R314, are installed in each room/space of the basement. The smoke detectors shall be interconnected, hard wired and equipped with battery back-up.

Section R310.7 Bathrooms In Unfinished Basements. Bathrooms or bathroom rough-ins shall not be permitted within unfinished basements on new constructions unless an emergency escape and rescue opening is provided to allow for future conversion to habitable space.

8. Insert Section R312.1.1 enacted to read as follows:

Section R312.1.1 Retaining Walls. Guards shall be required where the difference in grad exceeds four (4) feet and is accessible to pedestrian traffic. A natural barrier such as plantings and a three-foot landscaped area adjacent to the wall can be substituted for differences in grade to six (6) feet.

9. 

Sections R401.3, R403.1.7.3, R403.3.3, R403.4 and R404.1.6 are superseded by the following:

1. In the case of construction of new single-family dwellings, the elevation of the top of the new foundation shall not exceed the top of the preexisting foundation, subject to the following exceptions:

a. If the existing foundation height does not allow for proper drainage away from the foundation, and there are no alternative methods to allow for drainage (such as a combination of swales, berms, rain gardens, trench drains or soil removal), then the elevation of the top of the new foundation shall be adjusted to allow a five percent (5%) slope for the first ten (10) feet away from the foundation.

b. If the existing foundation is not at a height consistent with the abutting single-family dwellings on either side of it, the new foundation height shall be based on the interpolated height between the homes on either side based on the profile grade of the street.

2. The Architectural Review Board is authorized to waive any of the above requirements upon petition by an applicant.

10. Section 1013.1 Delete in its entirety and replace with the following:

Section 1013.1 Guards shall be located along open-sided walking surfaces, including mezzanines, equipment platforms, stairs, ramps, and landings that are located more than thirty (30) inches measured vertically to the floor or grade at any point within thirty-six (36) inches horizontally to the edge of the open side. Guards shall be adequate in strength and attachment in accordance with Section 1607.1 Retaining Walls. Guards shall be required where the difference in grade exceeds four (4) feet and is accessible to pedestrian traffic. A natural barrier such as plantings and a three (3) foot landscaped area adjacent to the wall can be substituted for differences in grade to six (6) feet.

11. Chapter 515, Small Wireless Facility Construction and Deployment, set forth requirements regarding same which were adopted by Ord. No. 3408, 2-6-2019, and are incorporated herein by reference.

[1] Cross Reference — Duties of code enforcement officer, §500.050.

Section 500.030 Amendments to The International Plumbing Code, 2015 Edition.

[Ord. No. 3297 §1, 8-17-2016; Ord. No. 3458, 6-17-2020]

A. The International Plumbing Code, 2015 Edition, adopted as provided for in Section 500.010, is hereby amended as follows:

1. Section 101.1 Insert "City of Ellisville."

2. Section 103.1 Add the following:

There is hereby created and established within the City an office of Plumbing Inspector, which office has jurisdiction coexistent with the provisions of this code and which is chargeable with the enforcement of the provisions of this code, except as otherwise provided herein. The Plumbing Inspector may be the Building Official or under the supervision of the Building Official.

The Building Official shall be charged with the responsibility in carrying out the provisions of this Article. The City Manager may appoint a Plumbing Inspector to issue permits and perform such other duties as required under the provisions of this Article and perform such other duties as required under this code.

All Police Officers of the City shall report to the Building Official or to the Plumbing Inspector any violation of the provisions of this Article. Such officers shall execute the orders of the Building Official or the Plumbing Inspector relative to the suspension of any work on any property.

3. Section 104.1 Add the following:

It shall be the duty of the Building Official or his/her designee to cause an inspection to be made of all water and sewer connections; approve all permits for excavation made for the purpose of making or repairing the same, except any excavation in a public street or way must be by the Director of Public Works in a manner and to the extent necessary to carry out the provisions of the code regulating plumbing and sewers; he/she shall cause the inspection of all plumbing and sewers of all buildings, public and private, in the course of erection, alteration, reconstruction or repair; and cause the inspection of existing plumbing as often as it may be necessary. He/she shall see that all plumbing and sewer work is done in accordance with the provisions of this code and that the work is done by persons duly authorized to do such work. The Building Official and his/her authorized representatives shall carry proper credentials of their office, upon the exhibiting of which they shall have the right of entering during usual business hours to inspect any and all buildings on the premises in the performance of their duties. No persons shall hinder, obstruct, resist or otherwise interfere with the Building Official or Plumbing Inspector or his/her authorized representative while the above-designated right of entering is being exercised. The Plumbing Inspector shall make a report to the proper City Official when requested to do so furnishing such information as may be required, and the Plumbing Inspector shall have such other powers, duties and privileges as are or may be granted or prescribed by the laws of the State or the City.

4. Section 104.4 Add the following:

The Plumbing Inspector shall have the right at any and all reasonable times to enter upon any lands, buildings or other places in the discharge of his/her official duties. He/she shall, after application is made to the person in possession of such property, be given prompt access to such property.

5. Add new Section 104.8 Disconnection. The Plumbing Inspector shall have the power and authority to disconnect any plumbing or plumbing device which has been installed, set up or connected in violation of this Article. The Plumbing Inspector may prohibit the use thereof by a notice posted in a conspicuous place on the premises.

6. Section 106.1 Add the following:

No person shall repair or install any plumbing device in the City without first having obtained a plumbing permit. No plumbing permit shall be issued to excavate or undermine any part of any public or private street in the City unless an excavation permit has also been obtained. The provisions of this Article with reference to permits and inspections shall not apply to utility companies operating under a franchise.

7. Add new Section 106.4.1 Licenses Required.

106.4.1.1. No person shall engage or perform the work on installing, altering or repairing plumbing unless he/she shall be licensed as a master plumber under this Chapter or unless he/she shall be registered as a plumber apprentice with St. Louis County and working under the direct supervision of a licensed plumber. A residential homeowner can apply for minor plumbing repair or work after passing a written test administered by the Building Official or other designated individual. Any work permitted by this type of permit will be performed on his/her own place of residence.

106.4.1.2. No person who is not a licensed master drainlayer under this Chapter shall engage in or perform the work of installing the sanitary or storm building sewer, starting five (5) feet from beyond the building foundation wall (end of building drain), or any work concerning the installation of sanitary or storm, trunk, main and lateral sewers in public property, recorded easements or private property except as otherwise provided in this Chapter.

106.4.1.3. The provisions of this Section shall not include or apply to the following: the maintenance, extension or repair of process drains, process drain facilities, process drainage systems or piping drains, drainage systems or facilities for mechanical, manufacturing, industrial processing, refrigeration, heating, air-conditioning, sprinkler or sprinkling system purposes or parts, material, devices or appurtenances in connection therewith or for the utilization or operation thereof; provided, however, the final connection of any such process drain, process drain facilities, process drainage systems, piping drain, drainage system or facility for mechanical, manufacturing or industrial process line which shall be connected to a sanitary drainage lines shall be done by a licensed person as stated herein.

8. Section 106.4.2 License Application and Renewal.

106.4.2.1.1. An applicant shall provide all the information required on the application provided by the City Clerk, which information shall include the following:

106.4.2.1.1.1. Name, address and telephone number of applicant;

106.4.2.1.1.2. Name, address and telephone number of the applicant's business office;

106.4.2.1.1.3. Type of license applied for;

106.4.2.1.1.4. Signature of applicant;

106.4.2.1.1.5. Any other information the Building Official determines is necessary to evaluate the license application.

106.4.2.1.2. The applicant shall pay a license fee of thirty dollars ($30.00).

106.4.2.1.3. A license shall expire July 31 each year.

106.4.2.1.4. Upon application for a license, the Building Official shall conduct an investigation to determine whether the following requirements are satisfied:

106.4.2.1.4.1. The information contained in the license application is true;

106.4.2.1.4.2. That an applicant is not currently under suspension or revocation of a license;

106.4.2.1.4.3. That the applicant meets all necessary qualifications provided for in Section 106.4.1.

106.4.3. License Not Assignable: Changes.

106.4.3.1. No license issued under this Chapter shall be assigned or transferred.

106.4.3.2. No person having obtained a plumber's or drainlayer's license shall allow his/her name to be used by another person either for the purpose of obtaining permits or for doing business or work under the license.

106.4.3.3. A licensee shall notify the Building Official within ten (10) days of any change in the licensee's business name or address.

106.4.4. Suspension or Revocation of License.

106.4.4.1. The Building Official shall have the power to suspend or revoke a license issued under this Chapter for the following reasons:

106.4.4.1.1. The licensee obtained his/her license by fraud or misrepresentation;

106.4.4.1.2. The licensee failed or refused to comply with the provisions of this Chapter;

106.4.4.1.3. The licensee has been convicted of a violation of this Chapter.

106.4.4.2. A revoked license may be subject to reinstatement after a period of three (3) months from the date of revocation upon application in the same manner as provided for application of a renewal license.

106.4.4.3. No license shall be suspended or revoked until a licensee has been afforded an opportunity for a hearing before the Building Official upon notice to the licensee of at least ten (10) days.

106.4.4.4. Notice shall be served either personally or by certified mail and shall state the date and place of hearing and set forth the grounds constituting the charges against the licensee.

106.4.4.5. A licensee shall have an opportunity to be heard in his/her defense either in person or by counsel and may produce witnesses. A record of the hearing shall be made. The Building Official shall issue a decision denying or compelling suspension or revocation.

9. Section 106.6.2 Delete in its entirety and insert the following:

106.6.2.1. Fee Schedule:

106.6.2.1.1. The following schedule lists inspections covered under this Chapter and fees for same. Inspections and inspection fees are the same for initial installations and repairs. Any other work which requires an inspection, but is not listed herein, shall have an inspection fee of twenty-five dollars ($25.00).

Plumbing permit	$12.00
Building water connection	$25.00
Rough-in	$25.00
Final (finish)	$25.00
Plumbing fixtures	$2.50 each

The building sewer from the building to the sewer main shall be inspected before any part of the sewer pipe is covered.

10. Section 106.6.3 Insert: "one hundred percent (100%)" in two (2) places.

11. 

Section 107.2 Add the following:

A. All plumbing devices or installations in the City shall be inspected and approved by the Plumbing Inspector. Upon the completion of any plumbing work it shall be the duty of the person doing such work to notify the Plumbing Inspector twenty-four (24) hours in advance of the desired inspection. The Plumbing Inspector shall make inspections within twenty-four (24) hours after application therefor is made.

B. All plumbing installations shall be made in such a manner and all plumbing devices and materials shall be constructed in such a manner so as to conform to the minimum standards and requirements of the County Health Department regulations.

C. Whenever, in the judgment of the Plumbing Inspector, such devices or installations are defective, improper or insufficient or if they for any other cause shall fail to pass the inspection, the Plumbing Inspector shall cause the immediate removal of such defects.

D. Upon final approval of any plumbing work, a certificate of satisfactory inspection shall be issued which shall contain the date of such inspection and outline the results of such inspection. No such certificate shall be issued until and unless all of the provisions of this Article shall have been strictly complied with.

12. Section 108.4 Insert: "Misdemeanor, one thousand dollars ($1,000.00), ninety (90) days."

13. Section 108.5 Insert: "fifty dollars ($50.00), one thousand dollars ($1,000.00)."

14. Section 109 Means of Appeal. Delete in its entirety and replace with the following:

Section 109 Means of Appeal

109.1. Application For Appeal. Any person directly affected by a decision of the Building Official or a notice or order issued under this code shall have the right to appeal to the Board of Adjustment in accordance with Chapter 400, Section 400.140 of the Municipal Code.

15. Section 305.6.1 Insert: "eighteen (18) inches" in two (2) places.

16. 

Add new Section 701.9 Drain Tile Specifications.

A. All new residential buildings shall have drain tile drainage systems to prevent the cellar or basement of such buildings from being wet or damp.

B. Specifications.

1. All drain tile installed as required by this Section shall be a minimum of four (4) inches in diameter with perforations designed to prevent clogging of the passage of water.

2. All drain tile installed as required by this Section shall be covered with a suitable porous felt or similar fabric and shall be surrounded by a granular backfill having a minimum cross section of eighteen (18) inches square.

C. Installation.

1. All drain tile installed as required by this Section shall be sloped to ensure water flow to a low point where discharge to finish grade or pumping may take place.

2. If determined by the Building Official that it is impossible or impractical to install drain tile so as to discharge the water flow to a finish grade, an operable sump pump of sufficient capacity for said water flow must be installed.

3. Drain tile and drain tile drainage systems required by this Section may not be connected in any fashion to any sanitary sewer system.

4. The discharge point of the system must be located a minimum of ten (10) feet away from the adjoining property line and not be placed so as to cause a nuisance or damage to adjacent property.

17. Section 904.1 Insert: "twelve (12) inches."

Section 500.040 Amendments to the International Property Maintenance Code.

[Ord. No. 3297 §1, 8-17-2016; Ord. No. 3458, 6-17-2020]

A. The following additions, insertions and changes shall be incorporated into the International Property Maintenance Code, 2015 Edition, adopted as provided for in Section 500.010:

1. 101.1. Title. Insert: "City of Ellisville."

2. 102.3. Application Of Other Codes. Replace: "International Zoning Code" with "Ellisville Zoning Code."

3. 103.6.1. Occupancy Inspections. Pursuant to Section 104.3, the City Code Official or his/her representative shall conduct inspections of existing structures or premises prior to change of ownership or change in tenants or occupants to insure compliance with requirements of this code. The following fees shall apply to said inspections:

103.6.1.1. Residential. There will be a fee for occupancy inspections of all existing residential structures or premises in the amount of one dollar ($1.00) per one hundred (100) square feet or part thereof of gross floor area, with a minimum fee of twenty-five dollars ($25.00). This fee includes one (1) inspection and one (1) reinspection. Said gross floor area shall be defined as the total floor area within the perimeter of the outside walls of each floor of each dwelling unit. The gross floor area of the basement and the garage shall be deducted from the total structure gross floor area. The fee for each additional inspection is twenty-five dollars ($25.00).

103.6.1.2. Commercial. There will be a fee for occupancy inspections of all existing commercial structures or premises in the amount of one dollar ($1.00) per one hundred (100) square feet or part thereof of gross floor area, with a minimum fee of twenty-five dollars ($25.00). This fee includes one (1) inspection and one (1) reinspection. Said gross floor area shall be defined as the total floor area within the perimeter of the outside walls of each floor of each dwelling unit. The fee for each additional inspection is twenty-five dollars ($25.00).

103.6.1.3. Occupancy Without An Inspection. Any person who occupies a structure before obtaining the necessary permits and inspections shall be subject to one hundred percent (100%) of the usual inspection fee in addition to the required inspection fees.

4. 103.6.2. Occupancy Permits. A certificate of occupancy shall be issued by the Code Official when, after inspection, it is found that the premises comply with the regulations of the Municipal Code of the City of Ellisville.

103.6.2.1. Residential. There will be a fee for occupancy permits for all existing residential structures or premises in the amount of fifteen dollars ($15.00).

103.6.2.2. Commercial. There will be a fee for occupancy permits for all existing commercial structures or premises in the amount of fifteen dollars ($15.00).

5. 

Section 105.4 Add the following:

Hours Authorized. Any activity requiring issuance of a building permit for outdoor construction activity as set forth in Subsection (a), except in the case of emergency involving public safety, shall only be valid during the following times:

a. Between the hours of 7:00 A.M. and 8:00 P.M. on Monday through Saturday, subject to Subsection (c);

b. Between the hours of 9:00 A.M. and 5:00 P.M. on Sunday;

c. Between the hours of 9:00 A.M. and 5:00 P.M. on New Year's Day, Easter, Memorial Day, July 4th, Labor Day, Thanksgiving, and Christmas.

6. 106.4. Delete Section and replace with:

106.4. General Penalty.

106.4.1. Whenever in this code or in any of the technical codes adopted in this Chapter, any ordinance of the City or in any rule, regulation, notice, condition, term or order promulgated by any officer or agency of the City under authority duly vested in him/her or it by this Chapter, any act is prohibited or is declared to be unlawful or an offense or misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this code or any of the technical codes adopted in this Chapter, any such ordinance, rule, regulation, order or notice shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment in the City or County Jail or other safe place of confinement not to exceed ninety (90) days, or by both such fine and imprisonment, but in any case wherein the penalty for an offense is fixed by any Statute, the same penalty shall apply.

106.4.2. Except where otherwise provided, each and every day any such chargeable violation exists, each such day shall constitute a separate offense.

106.4.3. Whenever any act is prohibited by this code or any of the technical codes adopted herein, or by an amendment thereof or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding or abetting of another person to do said act. Whenever any act is prohibited by this code or any of the technical codes adopted herein, an attempt to do the act is likewise prohibited.

106.4.4. In case of the amendment by the City Council of any Section of such code or technical codes adopted herein, for which a penalty is not provided, the general penalty as provided in Section 106.4 of this Section shall apply to the Section as amended. If an amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another Section in the same Chapter, the penalty so provided in such other Section shall be held to relate to the Section so amended.

7. 107.1. Notice To Person Responsible. Whenever the Building Official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the matter in the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this code and to the owner of the property in violation. Notices for proceedings relating to dangerous buildings, as defined in Section 108 of this code, shall also comply with the provisions of Sections 108.6.4, 108.6.5 and 108.8, when applicable.

8. 108. Dangerous Buildings (replace entire Section).

Definitions.

108.1. Dangerous Buildings. For purposes of this Section, all buildings or structures which have any or all of the following defects shall be deemed "dangerous buildings":

108.1.1. Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.

108.1.2. Those which, exclusive of the foundation, show at least thirty-three percent (33%) damage to or deterioration of the supporting member or members, or at least fifty percent (50%) damage to or deterioration of non-supporting enclosing or outside walls or covering.

108.1.3. Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.

108.1.4. Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, or the health and welfare of the occupants or the people of this City.

108.1.5. Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, safety, or general welfare of those living therein or others who may come in contact with such building or structure or its surroundings.

108.1.6. Those having light, air and sanitation facilities which are inadequate to protect the health, safety, or general welfare of human beings who live or may live therein or others who may come in contact with such building or structure or its surroundings.

108.1.7. Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of ascent or descent.

108.1.8. Those which have parts thereof which are so attached that they may fall or be blown by wind and injure persons or property.

108.1.9. Those which have on the premises or within the structure equipment, including, but not limited to, any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment, which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.

108.1.10. Those which because of their condition are unsafe, unsanitary, or dangerous to the health, safety, or general welfare of the people of this City.

108.2. Dangerous Buildings Deemed Nuisances. All dangerous buildings are hereby declared to be public nuisances and shall be repaired, vacated, closed, or demolished as provided in this code.

108.3. Standards For Repair, Vacation Or Demolition. The following standards shall be followed in ordering repair, vacation, or demolition of a dangerous building:

108.3.1. If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this code, it shall be ordered repaired.

108.3.2. If the dangerous building is in such condition as to make it dangerous to the health, safety, or general welfare of its occupants, it shall be ordered to be vacated and repaired.

108.3.3. In any case where a dangerous building is at least fifty percent (50%) damaged or decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building or structure cannot be reasonably repaired so that it will no longer exist in violation of the provisions of this code, it shall be demolished. In all cases where a dangerous building is a fire hazard existing or erected in violation of any provision of this Chapter or other ordinance of the City or Statute of the State, it shall be repaired or demolished.

108.4. Closing Of Vacant Structures. If a dangerous building is vacant and unfit for human habitation and occupancy and is not in danger of structural collapse, the Building Official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the Building Official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons, and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.

108.5. (Reserved)

108.6. Duties Of The Building Official. The Building Official shall:

108.6.1. Inspect or cause to be inspected at any time the Building Official has reason to suspect a violation of this Section exists, all buildings, structures, and equipment located within the City for the purpose of determining whether any conditions exist which cause such premises to be a dangerous building within the provisions of this code.

108.6.2. Inspect any building, structure, or equipment about which complaints are filed by any person to the effect that any building, structure, or equipment is or may be existing in violation of this code.

108.6.3. Inspect any building, structure, or equipment reported as probably existing in violation of the terms of this Section.

108.6.4. Notify in writing, either by personal service or by certified mail, return receipt requested, or if service cannot be had by either of these modes of service, then by publication in a newspaper qualified to publish legal notices, for two (2) successive weeks, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of the County, of any building or structure found to be a dangerous building, that the owner or other interested parties set forth above must vacate, vacate and repair, or vacate and demolish or remain in possession and repair, said dangerous building in accordance with the terms of the notice and this code.

108.6.5. Set forth in the notice provided for in Section 108.6.4 hereof, a description of the building, structure, or equipment deemed unsafe, a statement of the conditions that result in the designation of a dangerous building, and an order requiring that on-site work towards compliance must begin within a specific number of days from the date of the notice which shall proceed continuously, without unnecessary delay, until full compliance is obtained. The time given to commence work shall be reasonable.

108.6.6. Report in writing to the Council of any non-compliance with the notice provided for in Sections 108.6.4 and 108.6.5 hereof.

108.6.7. Appear at all hearings conducted under Section 108 of this code.

108.6.8. Place a notice in a conspicuous place on all dangerous buildings reading as follows:

"This building/structure has been found to be a dangerous building/structure by the Building Official. This notice is to remain on this building/structure until it is repaired, vacated, or demolished in accordance with the notice which has been given to the owner, occupant, lessee, mortgagee, or agent of this building, and all other persons having an interest in said building/structure as shown by the land records of the recorder of deeds of the county. It is unlawful to remove this notice until such notice is complied with."

If the dangerous building includes hazardous equipment as set forth in Section 108.1 of this code, this notice shall also be placed on said equipment.

108.7. Removal Of Notice. It shall be unlawful for any person to remove a notice posted pursuant to this code without the permission of the Building Official.

108.8. Placarding.

108.8.1. Upon failure of the owner or person responsible to comply with the notice provisions of this code within the time given, the Building Official shall post on the dangerous building and/or on hazardous equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.

108.8.2. Placard removal. The Building Official shall remove the placard whenever the defect or defects upon which the dangerous building designation and placarding action were based have been eliminated. Any person who defaces or removes a "Condemned" placard without the approval of the Building Official shall be subject to the penalties provided by this code.

108.9. Prohibited Occupancy. Any occupied structure condemned and placarded by the Building Official shall be vacated as ordered by the Building Official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code.

108.10. Council Procedure. The Council shall:

108.10.1. Within thirty (30) days of receipt of a report of the Building Official as provided for in Section 108.6.6, give ten (10) days' written notice to the owner, occupant, mortgagee, lessee, agent, and all other persons having an interest in said building or structure as shown by the land records of the Recorder of Deeds of the County to appear before the Council on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated, or demolished in accordance with the statement of particulars set forth in the Building Official's notice provided for in Section 108.6.4 and 108.6.5.

108.10.2. Hold a hearing, where any party may be represented by legal counsel, and hear such testimony as the Building Official or the owner, occupant, mortgagee, lessee, or any other person having an interest in said building or structure shall offer relative to the dangerous building. The owner, occupant, mortgagee, lessee, agent, and any other person having an interest in such building or structure as shown by the land records of the County shall be made parties.

108.10.3. Make written findings of fact based upon substantial and competent evidence derived from the evidence presented at the hearing as to whether or not the building or structure in question is a dangerous building within the provisions of this Section and is a nuisance or detrimental to the health, safety, or welfare of the residents of the City, and if so, issue an order causing the building or structure to be demolished and removed, or repaired. The Council may order that the structure be demolished and removed, or repaired, either through an available public agency or by contract or arrangement with private persons. If the evidence does not support a finding that the building or structure is a dangerous building within the provisions of this Chapter and is a nuisance or detrimental to the health, safety, or welfare of the residents of the City, the Council shall make such finding, but no order shall be issued.

108.10.4. After such hearing as provided for above, if the Council issues an order whereby the building or structure is demolished, secured, repaired, or the property is cleaned up, the cost of performance shall be certified to the City Clerk or other officer in charge of finance, who shall cause a special tax bill or assessment therefor against the property to be prepared and collected by the City Collector or other official collecting taxes unless the building or structure is demolished, secured, or repaired by a contractor pursuant to an order issued by the City and such contractor files a mechanic's lien against the property where the dangerous building is located. If such is the case, the contractor may enforce his/her lien as provided for in Sections 429.010 to 429.460, RSMo. At the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from the date of its issuance shall be deemed a personal debt against the property owner and shall also be a lien on the property until paid.

108.11. City Manager Duties. When any structure has been ordered demolished and removed, the City Manager shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.

108.12. Appeal To Circuit Court. Any owner, occupant, lessee, mortgagee, agent or any other person having an interest in the building or structure as shown by the land records of the Recorder of Deeds of the County wherein the land is located may appeal any order issued by the Council pursuant to this Section to the Circuit Court as established in Sections 536.100 to 536.140, RSMo., if a proper record as defined in Section 536.130, RSMo., is maintained of the hearing provided by Subsection 4 of Section 67.410, RSMo.; otherwise, the appeal shall be made pursuant to the procedures provided by Section 536.150, RSMo. In any appeal as provided for above, any person who owns or occupies property located within one thousand two hundred (1,200) feet of the perimeter of the building or structure which is the subject of the suit shall be allowed to present evidence to the court on behalf of the City of the condition of the building or structure, whether or not such person presented such evidence at the hearing provided for by Subsection 4 of Section 67.410, RSMo. The appellant before the court shall have the opportunity to cross-examine any such person presenting evidence to the court.

108.13. Insurance Proceeds From Damage Or Loss To Buildings Or Structures. If there are proceeds of any insurance policy based upon a covered claim for damage or loss to a building or other structure caused by or arising out of any fire, explosion, or other casualty loss, the City may collect up to twenty-five percent (25%) of the insurance proceeds as hereinafter provided. This Section shall only apply to a covered claim which is in excess of fifty percent (50%) of the face value of the policy covering a building or other structure. If such is the case, the insurer shall withhold from any payment up to twenty-five percent (25%) of the covered claim payment and shall pay such funds to the City to deposit into an interest-bearing account. Any named mortgagee on the insurance policy shall maintain priority over any obligation under this Section. The City shall release the proceeds and any interest which has accrued on such proceeds to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after receipt of such insurance monies unless the City has instituted legal proceedings under the provisions of Subdivision 5 of Subsection 1 of Section 67.410, RSMo. If the City has proceeded under the provisions of Subdivision 5 of Subsection 1 of Section 67.410, RSMo., for the removal, securing, repair, and cleanup of the building or structure, and the lot on which it is located, less salvage value, shall be paid to the insured. If there are no insurance proceeds as set forth above, at the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from the date of its issuance shall be a lien on the property until paid. This Section shall apply to fire, explosion, or other casualty loss claims arising on all buildings or structures. This Section does not make the City a party to any insurance contract, and the insurer is not liable to any party for any amount in excess of the proceeds otherwise payable under its insurance policy.

108.14. Violation. Any violation of this Section or any violation of any notice or order issued by the Building Official or Council is unlawful. Each day such violation continues shall constitute a distinct and separate offense.

108.15. In lieu of payment of all or part of an insurance payment under Subsection 5 of Section 67.410, RSMo., the City may certify that it has obtained satisfactory proof that the insured has or will remove debris and repair, rebuild, or otherwise make the premises safe and secure. In this event, the City shall issue a certificate within thirty (30) days after receipt of proof to permit the insurance payment to the insured without any deduction pursuant to Subsection 5 of Section 67.410, RSMo. It shall be the obligation of the insured or other person making such claim to provide the insurance company with a written certificate provided for in this Section.

9. Means of Appeal.

111.1. Any person directly affected by a decision of the Building Official or Council or a notice or order issued pursuant to Section 108 of this code shall have the right to appeal as set forth in Section 108.12.

111.2. Any person not described by Section 111.1 who is directly affected by a decision of the Building Official/Code Enforcement Officer or a notice or order issued under this code shall have the right to appeal to the Board of Adjustment in accordance with Section 400.140 of the Municipal Code.

10. 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 not to exceed one thousand dollars ($1,000.00) or ninety (90) days' imprisonment.

11. Section 113 Procedure and Evidence Required For Findings That There Exist Conditions Which Cause an Area to be Classified as a Blighted Area, a Conservation Area, an Economic Development Area, and/or a Redevelopment Area.

113.1 Purpose. The Legislature of the State of Missouri, through the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 through 99.865, RSMo., the Community Improvement District Act, Sections 67.1401 through 67.1571, RSMo., and the Land Clearance for Redevelopment Authority Law, Sections 99.300 through 99.600, RSMo., has vested in certain municipalities, including the City, the power to make findings that there exist conditions which cause an area to be classified as a "blighted area," a "conservation area," an "economic development area," or a combination thereof; to designate any such area, or combination of such areas, as a "redevelopment area," to develop and adopt a "redevelopment plan" for the redevelopment area, to designate "redevelopment project(s)" within the redevelopment area in furtherance of the redevelopment plan, and to take private property through eminent domain in furtherance of the redevelopment plan and/or redevelopment project(s). The purpose of this Section is to provide for standards and procedures to ensure that the City's exercise of these powers is supported by substantial and competent evidence and satisfies the requirements of due process prior to deprivation of private property.

113.2. The terms "blighted area," "conservation area," "economic development area," "redevelopment area," "redevelopment plan," and "redevelopment project" shall have the meanings set forth in Section 99.805, RSMo.

113.3. Notice Required.

113.3.1. The City shall send written notice, via Certified United States Mail, return receipt requested, to all owners of property located within a proposed redevelopment area, redevelopment plan and/or redevelopment project at least one (1) year prior to the earlier of: (1) adoption of an ordinance proposing the designation of a redevelopment area and/or ordinance approving a redevelopment plan or redevelopment project(s) which includes such property; or (2) any request by the City for proposal of a redevelopment plan or redevelopment project which includes such property.

113.3.2. Any written notice required by Section 113.3.1 shall include the following:

113.3.2.1. A description of the boundaries of the proposed redevelopment area to be designated by ordinance or by approval of a redevelopment plan and/or redevelopment project.

113.3.2.2. A statement of whether or not the proposed redevelopment plan or redevelopment project proposes transfer of ownership of the owner's property by voluntary owner sale and/or exercise of eminent domain by the City.

113.3.2.3. A description of all conditions which may be used to support a finding that conditions exist which cause the proposed redevelopment area to be classified as a blighted area, a conservation area, an economic development area, or any combination thereof.

113.3.2.4. Citation of all specific code(s), ordinance(s), or other applicable law(s) for which the City claims the property is currently in violation, and must reference the specific portion(s) of the property which the City claims are in violation and all condition(s) of the property which the City claims constitute a violation; including, but not limited to, violations pertaining to deterioration of site improvements, conditions which endanger life or property, dilapidation, or any form of depreciation of physical maintenance.

113.3.2.5. All measures required by the City to abate any violation identified pursuant to Section 113.3.1.1.

113.3.3. Until the earlier of the date all claimed violations are deemed abated by the City or the date the redevelopment area which includes the property is designated by ordinance or by approval of a redevelopment plan and/or project, the City shall send written notice complying with the requirements of Section 113.3.2 every ninety (90) days following the initial notice required by Section 113.3.1.

113.3.4. Any property owner or recipient of notice issued pursuant to Sections 113.3.1-3 may make petition to the Council for the following:

113.3.4.1. Issuance of notice in compliance with this Section to additional individuals or entities the property owner claims may be responsible for causing and/or abating the violation(s) identified by the City pursuant to Section 113.3.2.4; and/or

113.3.4.2. Relief from compliance with the violation(s) identified by the City pursuant to Section 113.3.2.4; and/or

113.3.4.3. A determination that the violation(s) identified by the City pursuant to Section 113.3.2.4 because the claimed violation(s) consist of conditions previously approved by the City or are legal non-conforming uses or structures.

113.3.5. The costs of providing notice as required by this Section may be included as redevelopment costs recoverable by the City for any redevelopment plan and/or project.

113.4. Evidence Required.

113.4.1. All conditions used to support a designation of a redevelopment area based on conditions which exist that cause the area to be classified as a blighted area, conservation area, or economic development area must be supported by factual and photographic evidence (both a detailed view and full view of surrounding area and structures) of said condition.

113.4.2. A finding that conditions exist on a particular property may not be established by evidence that said condition(s) exist on adjacent property.

113.4.3. Conditions which are not included in the definitions of blighted area, conservation area, or economic development area will not support a finding that conditions exist that cause an area to be classified as a blighted area, conservation area, or economic development area, including, but not limited to, the following:

113.4.3.1. Age of the structure(s) on the property.

113.4.3.1.1. Exception. A finding that more than fifty percent (50%) of the structures in an area are over the age of thirty-five (35) years. Age of the structure shall be established by the most recent date of any interior or exterior improvement to the structure.

113.4.3.2. Non-structural deficiencies, including, but not limited to, peeling paint, rust, cracked paving, crumbling retaining walls, overgrown shrubbery and weeds, unless said deficiency continues for a period of at least one (1) year after initial notice as required by Sections 113.3.1-3.

113.4.3.3. Square footage of living space, number of bedrooms, lack of separate dining room, lack of a basement, size of garage, lack of garage space, lack of more than one (1) bathroom.

113.4.3.4. Zoning or property maintenance code violations which do not cause the conditions included in the definitions of blighted area, conservation area, or economic development area.

113.4.4. The following conditions which exist due to the City's actions, or with the consent of the City, will not support a finding that conditions exist that cause an area to be classified as a blighted area, conservation area, or economic development area:

113.4.4.1. Condition of structures that are maintained by the City, including, but not limited to, sidewalks, streets, curbs, and lighting.

113.4.4.2. Any condition for which the Council has granted waiver of compliance pursuant to Section 113.3.4.

113.4.4.3. Conditions that have been previously approved by the City as they currently exist.

113.4.4.4. Any condition for which the property owner has taken all measures as set forth in the notice required by Section 113.3.2.5.

113.4.4.5. Any condition not identified in the notice required by Section 113.3.2.3.

113.4.5. Any evidence that refers to facts within the Ellisville Comprehensive Plan, or outside legal sources, including, but not limited to, Great Streets, must cite document title, chapter, page number and paragraph with a direct quote from that document when the authority is being used to support a finding that conditions exist that cause the area to be classified as a blighted area, conservation area, or economic development area.

113.4.6. In order to support a finding that street layout, unsanitary or unsafe conditions, deterioration of site improvements, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, constitutes a present condition that retards the provision of housing accommodations or an economic or social liability or a menace to the public health, safety, morals, or welfare, such condition must exist for a minimum of one (1) year following issuance of initial notice as required by Sections 113.3.1-3.

113.4.7. In order to support a finding that an area is detrimental to the public health, safety, morals or welfare and may become a blighted area because of dilapidation, obsolescence, deterioration, illegal use of individual structures, presence of structures below minimum code standards, abandonment, excessive vacancies, overcrowding of structures and community facilities, lack of ventilation, light or sanitary facilities, inadequate utilities, excessive land coverage, deleterious land use or layout, depreciation of physical maintenance, or lack of community planning, or any combination of such factors, such conditions must exist for a minimum of one (1) year following issuance of initial notice as required by Sections 113.3.1-3. Age of structures in the area shall be established by the most recent date of any interior or exterior improvement to the structure.

113.4.8. In order to support a finding that conditions exist which discourage commerce, industry or manufacturing from moving their operations to another State and that redevelopment would result in increased employment in the municipality or result in preservation or enhancement of the tax base of the municipality, such conditions must exist for a minimum of one (1) year following issuance of initial notice as required by Sections 113.3.1-3.

113.4.9. Obsolescence must be demonstrated by evidence that the property cannot fulfill the purpose(s) for which it is presently being lawfully used or for which it may lawfully be used.

113.4.10. A finding of defective or inadequate street layout, improper subdivision or obsolete platting, deleterious land use, layout or excessive land coverage or overcrowding of structures and community facilities or lack of community planning or inadequate utilities, lack of ventilation, light or sanitary facilities or structures below minimum code standards must include evidence that these conditions were not previously approved by the City through ordinance or inspection.

113.4.11. Excessive vacancy must be established by evidence that a property has not been lawfully used, occupied, or improved for a continuous period of at least two (2) years. A property owner may petition the Council for relief as provided herein in order to obtain approval of an extension of time to fill such vacancy.

113.4.12. Abandonment must be established by evidence that taxes due for the property remain unpaid for a period of at least three (3) years.

113.4.13. Illegal use of structures for a given property must be evidenced by citations for illegal use of the property to persons residing at the property address or citations issued to the property owner for illegal use of the property for which the illegal use remains in existence for at least one (1) year following issuance of the citation.

113.4.14. The fact that the City derives the majority of its revenue from sales taxes and that vacant and residential properties only generate property taxes or that some businesses do not generate as much sales tax as other businesses shall not be used as a factor to determine that the use of a property is detrimental to the public welfare.

Chapter 2

12. 201.3. Terms Defined In Other Codes. Where terms are not defined in this code and are defined in the ICC Building Code, Fire Code, Plumbing Code, Mechanical Code, Electrical Code or the Ellisville Zoning Code, such terms shall have the meanings ascribed to them as stated in those codes.

13. 202. Definitions.

FAMILY — One (1) or more persons occupying a dwelling and living as a single housekeeping unit, all of whom or all but two (2) of whom are related to each other by birth, adoption, marriage or as a foster child of an occupant. It is the intention of this provision to maintain the integrity and characteristics of a single housekeeping unit in dwellings as distinguished from a group occupying a boardinghouse, lodging house or hotel.

FLAGPOLE — A structural member designed to provide support for the display of the flag of the United States, the State of Missouri or such other symbol as the pole may be expected to display.

Chapter 3

14. 302.1.2. In residential districts there shall be no storage of household items, outdoor furniture, appliances, building materials or of any material within a front or side yard.

15. 302.1.3. Trees and foliage are to be kept a minimum of three (3) feet from buildings or roofs.

16. 302.2.1. 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.

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 permission from the City Engineer.

17. 302.3. Sidewalks, Driveways, And Parking Areas.

302.3.2. Prior to the issuance of an occupancy permit, all unimproved driveways, and parking areas shall be improved to either concrete or asphaltic concrete non-gravel surfaces. Concrete shall be a minimum of six (6) inches in thickness, and asphaltic concrete shall be a minimum of two (2) inches over six (6) inches of base rock. If weather does not permit said timely construction, an escrow arrangement, subject to approval of the Code Official, shall be made until such time as the construction can be completed.

302.3.3. No owner or occupant shall lawfully enlarge, extend, or otherwise increase the area of any driveway or parking area except by use of the same materials as those used for the existing surface of the driveway or parking area to be extended.

302.4. Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of seven (7) inches. The maintenance of a lot includes the contiguous right-of-way of said lot and is the responsibility of the lot owner. All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens. No person having control of any lot of ground or any part of any lot or parcel of real estate within the City, such parcel consisting of more than one (1) acre, except those contained within the commercial districts as defined in Chapter 400 of the City Code, shall allow or maintain on such lot or parcel of real estate any growth of weeds to a height of over ten (10) inches within three hundred (300) feet of any public or private roadway or street or any other public or private improvement consisting of a building, outbuilding, wall, fence or drive. Any owner or agent having charge of a property who fails to cut and destroy weeds after service of a notice of violation shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the City or contractor hired by the City shall be authorized to enter upon the property that is in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.

18. 302.8 Parking Of Motor Vehicles, Boats, Campers, Recreational Vehicles, And Trailers In Residential Areas. The following regulations shall apply in all residential zoning districts and to any lot or parcel of land with a residential use:

302.8.1. No motor vehicle, boat camper, recreational vehicle or trailer shall be parked forward of the front building line of any building unless said motor vehicle, boat, camper, recreational vehicle or trailer is parked in a fully enclosed structure, on a driveway or on a surfaced parking area. The square footage of the driveway or surfaced parking area must be greater than the total area occupied by the motor vehicle, boat, trailer, camper, or recreational vehicle. The total area occupied by the boat, trailer, camper or recreational vehicle shall be measured from the surfaced parking area to the highest point of the boat, trailer, camper or recreational vehicle, the greatest width of the boat, trailer, camper or recreational vehicle, and the greatest length of the boat, trailer, camper, or recreational vehicle. The surfaced parking area must be fully-paved in its entirety.
302.8.2. Subject to Section 302.8.1 herein, no inoperative or unlicensed motor vehicle shall be parked on any premises for a period longer than seven (7) consecutive days unless garaged, except that a vehicle undergoing major overhaul or repair work, including body work, may be parked for longer than seven (7) days if the work is performed inside a structure or a similarly enclosed area designed and approved for such purpose.
302.8.3. Subject to Section 302.8.4, one (1) boat, trailer, camper, or recreational vehicle may be parked, if such boat, trailer, camper or recreational vehicle is not parked within the right-of-way. Any additional boats, trailers, campers or recreational vehicles shall be parked or stored behind the front building line in a fully enclosed structure, on a driveway, or on a surfaced parking area. The square footage of the driveway or surfaced parking area must be greater than the total area occupied by the boat, trailer, camper or recreational vehicle. The total area occupied by the boat, trailer, camper, or recreational vehicle shall be measured from the surfaced parking area to the highest point of the boat, trailer, camper or recreational vehicle, the greatest width of the boat, trailer, camper or recreational vehicle, and the greatest length of the boat, trailer, camper or recreational vehicle. The surfaced parking area must be fully-paved in its entirety.
302.8.4. Boats, trailers, campers or recreational vehicles thirty (30) feet or longer shall not be parked outside of a fully enclosed building or structure.
a.	Exceptions.
	i.	No more than twice per month, boats, trailers, campers or recreational vehicles thirty (30) feet or longer may temporarily park on a driveway for loading/unloading, but only if such boat, trailer, camper or recreational vehicle is not parked within the right-of-way The maximum length of each temporary parking period is seventy-two (72) hours, beginning when the boat, trailer, camper or recreational vehicle is first present on the driveway.
	ii.	If, and only if, a boat, trailer, camper or recreational vehicle thirty (30) feet or longer cannot be parked on a driveway without encroaching upon the right-of-way, then no more than twice per month, such boat, trailer, camper or recreational vehicle may temporarily park on the street abutting the property for loading/unloading, subject to all other City parking requirements. The maximum length of each temporary parking period is forty-eight (48) hours, beginning when the boat, trailer, camper or recreational vehicle is first present on the street.
	iii.	Section 302.8.4 shall not apply to properties containing two (2) acres or more in land area.
	iv.	Residential property owners in the City who own or possess a boat, trailer, camper, or recreational vehicle thirty (30) feet or longer and who owned the boat, trailer, camper, or recreational vehicle prior to the passage of this legislation may park the boat, trailer, camper, or recreational vehicle outside of a fully enclosed structure, but only if all of the following requirements are met:
		(1)	The boat, trailer, camper or recreational vehicle is parked behind the front building line; and
		(2)	The boat, trailer, camper or recreational vehicle is parked on a surfaced parking area. The square footage of the driveway or surfaced parking area must be greater than the total area occupied by the boat, trailer, camper or recreational vehicle. The total area occupied by the boat, trailer, camper or recreational vehicle shall be measured from the surfaced parking area to the highest point of the boat, trailer, camper or recreational vehicle, the greatest width of the boat, trailer, camper or recreational vehicle, and greatest length of the boat, trailer, camper or recreational vehicle. The surfaced parking area must be fully-paved in its entirety.
302.8.5. No boat, trailer, camper, or recreational vehicle may be parked, kept or stored on the street or other public right-of-way between the hour before sunset and the hour after sunrise. Boats, trailers, campers, or recreational vehicles may be parked on the street or other public right-of-way between the hour before sunset and the hour after sunrise to load or unload pursuant to Section 302.8.4 or in association with construction work conducted on the premises.
302.8.6. No person(s) shall remove the shell(s) or other transporting device(s) from any recreational vehicle, mobile home or utility trailer, or affix such recreational vehicle, mobile home or utility trailer to the ground, except when necessary for repairs lasting seven (7) days or less.
302.8.7. Trailers parked, kept or stored outdoors in a lawful manner may not be used to reside in or to store household items, trash, debris, construction supplies, or other materials.
302.8.8. No commercial vehicles, tractor trailers, or cargo/enclosed trailers in excess of twenty-five (25) feet shall be parked on any premises.
302.8.9. Exceptions: Upon petition, the City Council may, at its discretion, waive or modify any requirement in this Section and impose such additional conditions and restrictions as it deems necessary to reduce or minimize any injurious effect upon other property in the neighborhood and to carry out the general purpose and intent of this Chapter.
302.8.9(a). Notice. In the event of a petition for exception, the City Clerk shall notify, in writing, all affected property owners located in the area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the property which is subject to the petition for exception.
302.8.9(b). Resubmission. In the event that the City Council denies a petition for exception, no identical or substantially similar petition will be accepted for a period of at least one (1) year from the date of denial by the City Council.

19. 302.10. Trash Enclosures.

All areas designated for trash disposal by means of dumpster containers within the City shall be enclosed with permanent masonry structures, as follows:

302.10.1. All enclosures shall include a siteproof gate(s).

302.10.2. All enclosures shall conform to all yard line and setback requirements for principal and accessory structures with the following exceptions:

302.10.2.1. An enclosure may be allowed within rear or side building setback if the location is zoned commercial and abuts another commercial property; or

302.10.2.2. An enclosure may be allowed within any building setback if the enclosure can be built within a retaining wall system;

302.10.2.3. An enclosure may be built within the front yard setback(s) if the property on which the enclosure is proposed has more than one (1) street frontage (i.e., corner lots, through lots, lots with two (2) or more street frontages, etc.). The exact location and appropriate screening shall be approved by the City Planner.

302.10.3. Siteproof gates will remain closed except when entering and exiting the structure.

302.10.4. If the applicant can substantiate trash quantities that do not exceed three (3) thirty-two-gallon cans per collection or one (1) ninety-gallon container per collection, the City Planner may waive the requirements for said enclosure(s).

302.10.5. If the enclosure will not be in public view as determined by the City Planner, the City may waive the masonry requirements for said enclosure.

20. 302.11. Flag And Flagpole Standards. United States flags which are no longer fitting emblems for display, which includes, but is not limited to, torn, soiled, damaged, worn, tattered, frayed or faded, shall promptly be repaired or replaced. Any person or business having been notified by the City to repair/replace any such flag shall comply immediately after such service or be subject to a fine not to exceed five hundred dollars ($500.00) each day of non-compliance.

21. 302.12. (Reserved)

22. 302.13. (Reserved)

23. 302.14. Storage Prohibited. No trucks, truck trailers or vehicles of any type shall be used for any storage purposes nor shall same be placed on skids, jacks or any other device that will make them immobile or inoperable, except for emergency repairs or as may be permitted by the Code Enforcement Officer ancillary to construction.

24. 302.15. Temporary Exterior Storage Units.

302.15.1. As used in this Section, the following terms shall mean as follows:
CONSTRUCTION SITE DUMPSTERS — Roll-off waste containers transported to and from the place of use by trucks or trailers and positioned at a construction site for the collection and eventual disposal of construction waste.
PORTABLE ON-DEMAND STORAGE UNIT — A container designed, constructed and commonly used for non-permanent placement on property for the purpose of temporary storage of personal property.
STORAGE SHED — A prefabricated structure designed, intended and installed on property primarily for the long-term storage of yard, pool and garden equipment and similar personal property.
STORAGE TRAILERS — Trucks, trailers, and other vehicles or parts of vehicles designed to be hitched or attached to trucks, tractors or other vehicles for movement from place to place and used as a temporary exterior storage unit.
TEMPORARY EXTERIOR STORAGE UNIT — Any storage trailer, portable on-demand storage unit, or similar unit or device designed to be placed outside of a building or structure and to temporarily store items of personal property, similar waste receptacles and storage sheds.
302.15.2. It shall be unlawful for any person to park, place or suffer placement of a temporary exterior storage unit which:
302.15.2.1. Is not secured and inaccessible to others not using the unit; or
302.15.2.2. Lacks vermin-proof floors or otherwise permits rats or vermin harborage; or
302.15.2.3. Is not in a state of good repair and alignment and free from nuisance.
302.15.3. It shall be unlawful for any person to park, place, or suffer placement of a temporary exterior storage unit:
302.15.3.1. In or upon any street, highway, roadway, designated fire lane or sidewalk in the City; or
302.15.3.2. On any lot or property in the City other than on a concrete, asphalt or other improved surface;
a.	Exception. The provision shall not apply to Construction Site Dumpsters utilized on a lot or parcel of property in conjunction with a construction project for which a valid building permit is in effect.
302.15.3.3. On any lot or property in the City used for commercial purposes or containing three (3) or more dwelling units in such a way as to block or interfere with access to a garage or off-street parking areas;
302.15.3.4. On any lot or property in the City in a manner which:
302.15.3.4.1. Interferes with sight lines for motorists on adjoining streets or the driveways of adjacent properties; or
302.15.3.4.2. Obstructs the light or air of any dwelling unit; or
302.15.3.4.3. Obstructs safe means of access to or from any dwelling unit; or
302.15.3.4.4. Creates fire or safety hazards; or
302.15.3.4.5. Displays advertising, other than the identification of the manufacturer or operator of the unit.
302.15.4. It shall be unlawful for any person to park, place or suffer placement of a temporary exterior storage unit on any lot or property in the City without having obtained a permit, or in violation of permit conditions, as provided in this Section.
302.15.5. Permits.
302.15.5.1. No person shall park, place or suffer placement of a temporary exterior storage unit without obtaining a permit from the City Clerk. The permit shall specify the time period, not exceeding fourteen (14) days, during which the unit may be kept on the property. No more than six (6) permits may be issued for any lot or parcel of property in any twelve-month period.
a.	Exception. No permit is required for Construction Site Dumpsters utilized on a lot or parcel of property in conjunction with a construction project for which a valid building permit is in effect.
302.15.5.2. The permit shall specify where the unit is to be situated on the property, which shall be on a driveway or other paved surface at a point farthest from the street, preferably to the rear of the front building line of the principal building on the lot.
302.15.5.3. The violation of any provision of this Section shall be punishable as provided in Section 505.060(D) of the City Code.

25. 303.2.1. In changes of residential occupancies with a pool, if door alarms are not present, they shall be provided. The installation is to comply with Section 305 of the 2015 International Swimming Pool and Spa Code.

26. 304.13. Window, Skylight Doors And Door Frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weathertight. Window frames must be solid without evidence of rust, rot or decay and must be capable of tightly securing the window. Every operable window must be supplied with window hardware, including locks. If more than sixty percent (60%) of the windows in a unit or structure are in violation of the code and, in the opinion of the Building Official, must be replaced due to age or condition, then the owner shall replace all windows within that unit/structure.

27. 304.14. Insect Screens. Insert: "April 15 to November 15."

28. Delete: Section 307.1.

Replace: Section 307.1. Every exterior and interior flight of stairs having more than four (4) risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck ramp or other walking surface that is more than thirty (30) inches above the floor or grade below shall have guards. Handrails shall not be less than thirty (30) inches in height or more than forty-two (42) inches in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than thirty-six (36) inches in height above the floor of the landing, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempted by the adopted Building Code.

29. Add: Section 403.5.1. Clothes dryer exhaust systems are to be maintained in good repair and clean.

30. Add: Section 404.4.1.1. The maximum occupancy limit for a bedroom is three (3) persons.

31. Add: Section 507.2. Gutters and downspouts will be provided in residential and commercial buildings unless the installation is not technically feasible.

32. Section 602.3. Insert: "October 1 to May 1."

33. Section 602.4. Insert: "October 1 to May 1."

34. Add: Section 605.2.1. All receptacles located within six (6) feet of standing water, over exposed concrete floors in basements and receptacles in garages shall have ground fault circuit interrupter protection.

35. Add: Section 703.2.1. Garage dwelling separations shall comply with R302.5 of the 2015 International Residential Code. All garages and carports shall comply with R309.1 and 309.2 of the 2015 International Residential Code.

Section 500.050 Compliance With Zoning Regulations.

[Ord. No. 3297 §1, 8-17-2016; Ord. No. 3458, 6-17-2020]

It shall be the duty of the Building Official to ensure compliance with the zoning regulations in Title IV: Land Use, of this Code. The construction, reconstruction and/or alteration of buildings shall not be undertaken and the development of land shall not be commenced except in accordance with the provisions of Title IV: Land Use and Title V: Building and Construction, of this Code. No permit or application for the construction, alteration or change of use of buildings or land shall be approved if the proposed use or activity would be in violation of any provision of Title IV: Land Use or Title V: Building and Construction, of this Code.

Section 500.060 Petitioner to Bear Costs of Site Work Review.

[Ord. No. 3297 §1, 8-17-2016; Ord. No. 3458, 6-17-2020]

All costs or plan review fees charged by the City Engineer for site work review are to be borne by the petitioner.

Section 500.070 Use of Common Septic Tank or Fuel Storage Tank Prohibited.

[Ord. No. 3297 §1, 8-17-2016; Ord. No. 3458, 6-17-2020]

It shall be unlawful for any person to install, own, maintain or cause to be installed, owned or maintained any dwelling or commercial structure using common facilities, including septic tanks or fuel storage tanks. It is the intention of this Section that each dwelling and commercial structure in the City shall be provided with separate fuel storage tanks and septic tanks when the use of a fuel storage tank or septic tank is permissible or made use of. A building permit shall not be issued for any dwelling or commercial structure on which the use of fuel storage tank or septic tank in common use with any other dwelling or commercial structure is intended or contemplated.

Section 500.080 Deadbolt Locking Systems Required.

[Ord. No. 3297 §1, 8-17-2016; Ord. No. 3458, 6-17-2020]

Deadbolt locking systems shall be installed and remain operable on all doors used for ingress to and/or egress from all new buildings and dwelling units located within all zoning districts of the City with the exception of front or main-entry doors.

Section 500.090 Steel Doors and Frames Required.

[Ord. No. 3297 §1, 8-17-2016; Ord. No. 3458, 6-17-2020]

All new buildings located within all zoning districts of the City with the exception of residential districts shall be required to utilize steel doors and door frames and maintain the integrity of the same.

Section 500.100 Temporary Construction Fences.

[Ord. No. 3297 §1, 8-17-2016; Ord. No. 3458, 6-17-2020]

All excavations, except sewer or utility trenches, exceeding five (5) feet in depth and buildings under construction or in the process of removal or demolition shall be enclosed on all sides with a solid wood fence not less than six (6) feet in height, properly painted and maintained as directed by the City Engineer or his/her designee. The fence may be erected out to but not beyond the right-of-way line. All building material, sheds, equipment and trailers shall be stored inside the fence at all times. The fence requirements may be waived by the City Engineer or his/her designee for residential or small commercial buildings if he/she deems such protection not necessary.

Section 500.110 Carbon Monoxide Detectors.

[Ord. No. 3297 §1, 8-17-2016; Ord. No. 3458, 6-17-2020]

A. Purpose. Requiring installation of approved carbon monoxide detectors in all new structures and existing public places within the City of Ellisville in which carbon monoxide may be present as a result of a source of heat or energy which is created by fossil fuel or by the use of machinery or vehicles powered by fossil fuel; and providing for rules and regulations regarding the implementation and administration of provisions herein. "Fossil fuel" shall include coal, natural gas, kerosene, oil, propane, wood, gasoline and diesel fuel.

B. The owner of every new building or structure within the City of Ellisville that is heated by a fossil-fuel-powered heating unit which is fully contained within the interior of the building or structure and every new building or structure in which machinery or vehicles which are powered by fossil fuel are operated shall install not less than one (1) approved carbon monoxide detector in the room containing the heating unit or the area in which the machinery is operated.

C. Within four (4) months of the effective date of this Section, a statement must be provided by the property owner to the City that not less than one (1) approved carbon monoxide detector has been installed in the room containing the heating unit or the area in which the machinery or vehicles are operated in a public place heated by a fossil-fuel-powered heating unit which is fully contained within the interior of the building:

1. A "public place" is any enclosed indoor area used by the general public or serving as a place of work, including:

a. Any retail, commercial or industrial establishment;

b. Health care facilities, health clinics or ambulatory care facilities, including, but not limited to, laboratories associated with health care treatment, hospitals, nursing homes, physicians' offices and dentists' offices;

c. Libraries, churches, educational facilities, day-care facilities, museums, auditoriums and art galleries;

d. Any enclosed indoor place used for entertainment or recreation, including, but not limited to, gymnasiums, theaters, concert halls, arenas and swimming pools.

D. Upon the change of ownership or tenant of a single-family residential building or structure which is heated by a fossil-fuel-powered heating unit fully contained within the interior of the building or contains an attached or enclosed garage, prior to issuance of an occupancy permit, not less than one (1) approved carbon monoxide detector must be installed outside the area of sleeping rooms. On floors with split sleeping areas, only one (1) carbon monoxide detector per floor is required.

E. The owner of every building within the City of Ellisville which is intended to be occupied for residential purposes by more than one (1) family and which is heated by a fossil-fuel-powered heating unit which is fully contained within the interior of the building or contains an attached or enclosed garage, prior to issuance of an occupancy permit for an individual unit, shall install not less than one (1) approved carbon monoxide detector in the individual unit of said building.

F. A carbon monoxide detector is deemed approved for purposes of this Section if it complies with all applicable State and Federal regulations and bears the label of a nationally recognized standard testing laboratory and meets the revised standard of at least UL2034 dated October 1, 1995, and subsequent revision or its equivalent.

G. It shall be unlawful for any person to in any way make inoperable a carbon monoxide detector required under this Section except that this provision shall not apply to any building owner, manager and/or agent of said building owner or manager in that normal procedure of maintenance, including replacement of batteries.

H. The owner of a building which is subject to the provisions of this Section shall supply, install, test, as per the manufacturer's specifications, and maintain required carbon monoxide detectors. The owner shall also supply all necessary equipment required for the operation of said detectors.

Section 500.120 Earthquake and Seismic Design Requirements.

[Ord. No. 3297 §1, 8-17-2016; Ord. No. 3458, 6-17-2020]

All construction in the City shall comply with the requirements of Sections 319.200 through 319.207, RSMo., and any amendments thereto, relating to earthquakes and seismic construction requirements.

Section 500.130 through Section 500.210. (Reserved)

Section 500.220 Restrictions on Delinquent Applications.

[Ord. No. 3297 §1, 8-17-2016; Ord. No. 3458, 6-17-2020]

All applicants for building and occupancy permits are subject to Section 100.130, Restrictions on Delinquent Applicants.

Section 500.230 through Section 500.310. (Reserved)

Section 500.320 General Penalty.

[Ord. No. 3297 §1, 8-17-2016; Ord. No. 3458, 6-17-2020]

A. Whenever in this Code or in any of the technical codes adopted in this Chapter, any ordinance of the City or in any rule, regulation, notice, condition, term or order promulgated by any officer or agency of the City under authority duly vested in him/her or it by this Chapter, any act is prohibited or is declared to be unlawful or an offense or misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefore, the violation of any such provision of this Code or any of the technical codes adopted in this Chapter, any such ordinance, rule, regulation, order or notice shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment in the City or County Jail or other safe place of confinement not to exceed ninety (90) days, or by both such fine and imprisonment, but in any case wherein the penalty for an offense is fixed by any Statute, the same penalty shall apply.

B. Except where otherwise provided, each and every day any such chargeable violation exists, each such day shall constitute a separate offense.

C. Whenever any act is prohibited by this Code or any of the technical codes adopted herein, or by an amendment thereof or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding or abetting of another person to do said act. Whenever any act is prohibited by this Code or any of the technical codes adopted herein, an attempt to do the act is likewise prohibited.

D. In case of the amendment by the City Council of any Section of such Code or technical codes adopted herein, for which a penalty is not provided, the general penalty as provided in Subsection (A) of this Section shall apply to the Section as amended. If an amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another Section in the same Chapter, the penalty so provided in such other Section shall be held to relate to the Section so amended.