[R.O. 2013 § 506.005; Ord. No.
99-40 § 1, 10-25-1999; Ord. No. 22-12, 5-9-2022]
The purpose of this Chapter is to deter neighborhood blight and deterioration, preserve property values, promote public safety, establish minimum standards for basic equipment and facilities and for light, heating, and sanitation, and to encourage proper and sanitary maintenance of all dwelling units, industrial structures and commercial structures in the City. This Chapter shall be in addition to all other Chapters of the Municipal Code of the City of Fredericktown and does not repeal any existing ordinances. Chapter
505 shall apply to all industrial structures and commercial structures, permanent dwellings intended for habitation, and accessory buildings thereof. This Chapter recognizes that some older structures may be safe while not conforming to all provisions of modern building, electrical, and plumbing codes. Defects which constitute a fire, health, or safety hazard shall be corrected as set forth in this Chapter before an occupancy permit shall be issued.
[R.O. 2013 § 506.010; Ord. No.
99-40 § 1, 10-25-1999]
For the purposes of this Chapter, the following words or phrases
shall have the meanings respectively ascribed to them by this Section:
ACCESSORY STRUCTURE
A detached structure subordinate to the main or principal
structure and located on the same lot, the use of which is customarily
incidental to the main building.
[Ord. No. 22-12, 5-9-2022]
BASEMENT
A portion of a building located partly underground, next
below the principal floor.
[Ord. No. 22-12, 5-9-2022]
DWELLING
All structures designed or used as a human residence including,
but not limited to, site built structures, mobile homes, manufactured
homes, and modular homes.
DWELLING UNIT
Any apartment type unit within an apartment building used
as a human residence.
GARAGE
A building or structure, or portion thereof, for parking
or storage of private automobiles of not more than nine (9) passenger
capacity each and not including provisions for the repair and servicing
of automobiles.
[Ord. No. 22-12, 5-9-2022]
PREMISES
The platted lot or parcel of land occupied by any building
or structure.
[Ord. No. 22-12, 5-9-2022]
REFUSE
Combustible and non-combustible waste materials and garbage
and the term shall include the residue from the burning of coal, wood
or coke; or other combustible material, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust.
[Ord. No. 22-12, 5-9-2022]
ROOMING UNIT
Any room used as a human residence at a rooming house where
an individual resides for more than one (1) week exclusive of motels
and hotels.
[R.O. 2013 § 506.015; Ord. No.
99-40 § 1, 10-25-1999; Ord. No. 22-12, 5-9-2022]
A. The
City Building Inspector or, in the absence of a City Building Inspector,
such other person as may be designated by the City Administrator shall
make inspections to determine whether industrial structures, commercial
structures, dwellings, dwelling units, rooming units, accessory structures,
and premises located within the City conform to the requirements of
this Chapter.
B. For
the purpose of making such inspections, the City Building Inspector
is authorized:
1. To enter, examine and survey at all reasonable times all buildings,
spaces, accessory structures, and their premises for the purpose of
such inspection, examination and survey; and
2. To enter, examine and inspect all buildings in which there is a change
in occupancy or ownership.
[R.O. 2013 § 506.020; Ord. No.
99-40 § 1, 10-25-1999; Ord. No. 22-12, 5-9-2022]
A. Prior
to any dwelling, dwelling unit, or rooming unit being newly occupied
by any person, the owner of said property shall first obtain an occupancy
permit. An occupancy permit from the City shall be required any time
the occupancy of a dwelling, dwelling unit, or rooming unit changes
or when occupancy is established in the case of new construction.
It shall be the responsibility of the owner of said property to obtain
an approved inspection from the City before establishment of new occupancy
by any person.
B. No
person shall hereafter occupy, nor shall any owner or agent thereof
permit the occupation of, any industrial or commercial building, or
addition thereto or part thereof, for any purpose until a certificate
of occupancy has been issued by the City Building Inspector. Every
owner, agent or manager of any building, or addition thereto, shall
inform the City Building Inspector whenever any portion of said building
becomes vacant, and request an inspection thereof under the provisions
of this Chapter. The application for occupancy permit shall set forth
the type of use, amount and type of utilities to be used, the quantity
of utilities to be needed, the number of personnel to be on-site and
expected number of public to be on-site.
[R.O. 2013 § 506.025; Ord. No.
99-40 § 1, 10-25-1999; Ord. No. 22-12, 5-9-2022]
A. The
fee for the occupancy permit shall be twenty dollars ($20.00) for
each dwelling, dwelling unit or rooming unit occupied. If a vacancy
occurs within six (6) months of receiving an occupancy permit, the
owner of the property may request an inspection waiver from the City
and will not be charged an additional fee for reinspection nor required
to purchase an additional occupancy permit. If the inspection meets
City standards as set forth in this Chapter, an occupancy permit shall
be issued.
B. A fee of fifty dollars ($50.00) shall be paid to the City and shall accompany each request for an occupancy permit of a non-residential building or portion thereof. However, if the application for inspection is submitted to the City after occupancy has occurred, the fee shall be one hundred dollars ($100.00). Notwithstanding anything in Section
505.040(B) above, while an occupancy permit shall still be required, for industrial and commercial structures that have been issued an occupancy permit following an inspection within the previous three (3) years, no additional inspection nor inspection fee shall be required with such occupancy permit, provided there is no change in use.
[R.O. 2013 § 506.030; Ord. No.
99-40 § 1, 10-25-1999]
It shall be the responsibility of the City to complete the inspection
for the occupancy permit and either grant or deny the permit within
three (3) working days of a request by a property owner for an occupancy
permit. Whenever the building inspector determines a violation, he/she
shall give written notice of the violation to the owner or his/his
agent. Notice shall be considered served when delivered in person
to the property owner or by certified mail to the last known address
of the property owner or posted in a conspicuous place in or about
the dwelling affected by such notice.
[R.O. 2013 § 506.035; Ord. No.
99-40 § 1, 10-25-1999; Ord. No. 22-12, 5-9-2022]
Where it is alleged that an error in judgment or interpretation
has been made by the Building Inspector, an appeal may be made to
the Board of Adjustments by filing a notice of appeal with the City
Clerk at the City Hall of the City of Fredericktown within ten (10)
days of the decision of the Building Inspector. The Board of Adjustments
shall conduct a hearing and render an advisory opinion to the Board
of Aldermen of the City of Fredericktown within thirty (30) days of
the property owner's notice of appeal. The Board of Aldermen shall
act on all appeals at the next scheduled Board of Aldermen meeting.
[R.O. 2013 § 506.040; Ord. No.
99-40 § 1, 10-25-1999; Ord. No. 22-12, 5-9-2022]
It shall be unlawful for any person to knowingly make false statement in his/her application for an occupancy permit or for any property owner to allow his/her industrial premises, commercial premises, dwelling, dwelling unit, or rooming unit to be occupied or continue to be occupied without first receiving an occupancy permit as required under Section
505.040. Any person found guilty of violating this Chapter shall be subject to a fine of not more than five hundred dollars ($500.00) or by confinement of not more than ninety (90) days or by both a fine and confinement. In addition, in instances where the industrial premises, commercial premises, dwelling, dwelling unit, or rooming unit constitutes a dangerous building or public nuisance, the Building Inspector is authorized to abate such conditions by legal proceedings in such manner as generally provided for abatement of nuisances elsewhere in the Municipal Code of the City of Fredericktown.
[R.O. 2013 § 506.045; Ord. No.
99-40 § 1, 10-25-1999; Ord. No. 02-57 §§ 1 —
2, 11-25-2002; Ord. No. 22-12, 5-9-2022]
A. No person shall occupy as owner-occupant or let to another for occupancy
any dwelling, dwelling unit, or rooming unit for the purpose of living
therein which does not comply with the following requirements and
no occupancy permit shall be issued unless said premises meet the
following requirements:
1.
Every dwelling, dwelling unit, or rooming unit shall be clean,
sanitary and safe for human occupancy. Every dwelling shall contain
the following:
a.
Kitchen sink in good working condition and properly connected
to an approved water and sewer system.
b.
Water closet equipped with a flush toilet, lavatory basin or
sink, shower or bathtub, all in good working condition and properly
connected to an approved water and sewer system.
2.
Every foundation, floor, wall, ceiling and roof shall be structurally
sound, reasonably weathertight, watertight and rodentproof; shall
be capable of affording privacy; and shall be kept in good repair.
Mobile homes shall be properly anchored and underpinned with vinyl
or metal siding commercially manufactured for use with that particular
type, size and style of home.
3.
Every window, exterior door and basement hatchway shall be reasonably
weathertight, watertight and rodentproof and shall be kept in satisfactory
working condition and in good repair.
4.
Every inside and outside stair, porch and appurtenance thereto
shall be so constructed as to be safe to use and capable of supporting
the load that normal use may cause to be placed thereon and shall
be kept in satisfactory condition and good repair.
5.
Every plumbing fixture, water and waste pipe, and sanitary sewerage
facility shall be properly installed and maintained in good sanitary
working condition.
6.
If the building has gutters, downspouts and other storm drainage
facilities, then they shall be properly installed and maintained in
good working condition.
7.
Every water closet compartment floor surface and bathroom floor
surface shall be constructed and maintained so as to be reasonably
impervious to water so as to be kept in clean, sanitary and dry condition.
8.
All equipment and their appropriate supply systems, including
gas, electricity, oil, water, wood, or coal, shall be constructed
or installed so that they will function safely and effectively and
shall be maintained in satisfactory working condition.
9.
All stoves and fireplaces shall be constructed or installed
so that they will function safely and effectively and shall be maintained
in satisfactory working condition. Any mobile home equipped with a
factory-installed fireplace or wood-burning stove shall be equipped
with a smokestack or flue which shall be vented through the roof of
the structure in such manner as to allow for the clean and safe operation
thereof. No add-on fireplaces or wood-burning stoves shall be allowed
in any mobile home.
10.
Any auxiliary structures, such as sheds, barns, garages, fences,
retaining walls, or other outbuildings, shall be constructed and maintained
in a safe working condition. Any outbuilding found damaged, decayed,
dilapidated, unsanitary, unsafe, or vermin-infested so as to be a
public nuisance shall be corrected or the structure removed.
11.
Exterior painted surfaces, including fences, which have peeled,
scaled, deteriorated, or failed to the extent of being unsightly shall
be corrected.
12.
All trash, debris, abandoned vehicles, or parts thereof shall
be removed from the premises. Weeds and grasses shall be cut shorter
than twelve (12) inches.
13.
All hard surface areas, including concrete, asphalt, brick,
or stone driveways and sidewalks, shall be free of large cracks, potholes
and depressions to the extent that such defects might reasonably endanger
public safety.
14. In the interest of fire safety, one (1) working smoke alarm must
be installed at the highest level of each room or area and each floor
of any multi-story building for each six hundred (600) feet of space.
15. When a fuel-burning appliance is used in the dwelling, one (1) working
carbon monoxide detector must be installed outside each separate sleeping
area in the immediate vicinity of the bedrooms.
[Ord. No. 22-12, 5-9-2022]
A. No person shall hereafter occupy, nor shall any owner or agent thereof
permit the occupation of, any industrial or commercial building, or
addition thereto or part thereof, for any purpose which does not comply
with the following requirements and no occupancy permit shall be issued
unless said premises meet the following requirements:
1.
Foundations, Walls And Roofs. Every foundation, exterior wall
and roof shall be weather-tight, water-tight and rodentproof and shall
be kept in a good state of maintenance and repair.
2.
Windows And Doors. Every window and exterior door shall be reasonably
weather-tight, water-tight and kept in sound working condition and
good repair and all windows to be free of cracks and breaks.
3.
Maintenance Of Interior Walls. Every interior wall, floor, partition
and ceiling shall be kept in a good state of repair and maintenance
so as to permit them to be kept in a clean, sanitary and safe condition.
4.
Rainwater Drainage. All rainwater shall be so drained and conveyed
from every roof so as not to cause dampness in the walls, ceilings
or floors of any room or space.
5.
Protection Of Exterior Surfaces. All exterior wood or metal
surfaces and gutters shall be protected from the elements and against
decay or rust by paint or other approved protective coating applied
in a workmanlike manner and free of chips and peeling paint and where
painted be done uniformly.
6.
Stairways And Porches. Every inside or outside stairway and
appurtenance thereto shall be kept in sound condition and in a good
state of maintenance and repair.
7.
Public Hallways And Exits.
a.
All public hallways and stairs required as exits shall have
emergency lights, shall be maintained free of obstructions with exit
signs in compliance with the requirements of the Building and Fire
Codes.
b.
All exit stairways extending to the basement shall be separated
from the basement with a metal or approved fire door as required by
the applicable Building and Fire Codes.
8.
Maintenance Of Plumbing. Every plumbing fixture, water and waste
pipe shall be properly installed and maintained in a sanitary working
condition, free from defects and obstructions.
9.
Toilet And Bathroom Floor Surface. Every water closet compartment,
bathroom or restroom floor surface shall be constructed and maintained
so as to be reasonably impervious to water, and so as to permit such
floor to be easily kept in a clean and sanitary condition.
10.
Heating Facilities. Every building shall have heating facilities
which are properly installed and maintained in a safe and good working
condition and are capable of safely and adequately heating all occupiable
rooms to the temperature required.
11.
Water Heater. Every building shall have water heating facilities
capable of and supplying hot water of not less than one hundred twenty
degrees (120°) to each toilet room, breakroom or other common
facility.
12.
Electrical Facilities. All electrical wiring, fixtures and receptacles
shall be maintained in a safe condition. All existing electrical panels
shall be adequate to safely provide fusing to the building circuits.
13.
Accessory Structures And Yard Areas. All accessory buildings
and structures, including retaining walls, fences and planting boxes,
shall be maintained in a good state of repair.
14.
Yards. All yards must be graded to prevent accumulations of
stagnant water and must be free of accumulated junk, debris and refuse.
15.
Fire Safety. In the interest of fire safety, one (1) working
smoke alarm must be installed at the highest level of each room or
area and each floor of any multi-story building for each six hundred
(600) feet of space. This does not pertain to large open shop areas
where welding and other smoke-producing applications would hinder
smoke alarm operation.
16.
Gas Appliances. When a fuel-burning appliance is used in the
building, one (1) working carbon monoxide detector must be installed
in the immediate vicinity of the appliances.
17.
Dumpsters. All businesses must have a dumpster sized for the
type of business being operated.