[R.O. 2016 § 505.010; CC 1994 § 12.100; Ord. No. 54-94 § 12.100, 12-19-1994; Ord. No. 518-04 § 1, 2-10-2004]
This Chapter shall be applicable
to all dwellings now in existence or hereinafter constructed in the
City and to all dwellings which become incorporated into the City
because of annexation; provided that the construction of new dwellings
and the remodeling of existing dwellings in the City shall comply
with the provisions of this Chapter and with the provisions of all
other applicable codes and ordinances of the City.
[R.O. 2016 § 505.020; CC 1994 § 12.105; Ord. No. 54-94 § 12.105, 12-19-1994; Ord. No. 518-04 § 2, 2-10-2004]
The Director of Community Development
is hereby designated to administer and enforce this Chapter. The Director
of Community Development may assign any duties herein to an authorized
representative.
[R.O. 2016 § 505.030; CC 1994 § 12.110; Ord. No. 54-94 § 12.110, 12-19-1994; Ord. No. 518-04 § 3, 2-10-2004]
The Director of Community Development
is hereby authorized to make and adopt such rules and procedures as
may be necessary for the proper enforcement of the provisions of this
Chapter. All such rules and procedures promulgated shall be subject
to the approval of the City Administrator.
[R.O. 2016 § 505.040; CC 1994 § 12.115; Ord. No. 54-94 § 12.115, 12-19-1994; Ord. No. 518-04 § 4, 2-10-2004; Ord. No. 880-10 §§ 1 — 2, 1-12-2010]
The following definitions shall apply
in the interpretation and enforcement of this Chapter:
That portion of a dwelling between floor and ceiling which
is partly or wholly below grade.
The International Building Code as adopted by the City of
Park Hills.
[Ord. No.
1064-14 § ,1 2-11-2014]
The City of Park Hills, Missouri.
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants; provided that temporary
housing as hereinafter defined shall not be regarded as a dwelling.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities that are used or intended
to be used for living, sleeping, cooking and eating.
The National Electric Code as adopted by the City of Park
Hills.
[Ord. No.
1064-14 § 1, 2-11-2014]
The control and elimination of insects, rodents, vermin or
other pests by eliminating their harborage places; by removing or
making inaccessible materials that may serve as their food; by poisoning,
spraying, fumigating, trapping; or by any other recognized legal pest
control methods.
The Chief of the Fire Department of the City or his/her authorized
representative.
The animal and vegetable waste resulting from the handling,
preparation, cooking or consumption of food.
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking or eating purposes, excluding bathrooms,
toilet room, laundries, pantries, foyers, communicating corridors,
closets, storage spaces and basement rooms used only for recreational
purposes.
For the purposes of this code, the Housing Committee shall
be composed of the members of the Code Enforcement Committee of the
City Council.
The presence within or around a dwelling of any insects,
rodents, vermin or other pests.
The International Mechanical Code as adopted by the City
of Park Hills.
[Ord. No.
1064-14 § 1, 2-11-2014]
Any rented dwelling with three (3) or more dwelling units.
[Ord. No. 1523-23, 3-14-2023]
Any person living, sleeping, cooking or eating in, or having
actual possession of, a dwelling unit or rooming unit.
Any person who, alone or jointly or severally with others:
Shall record legal title to any dwelling
or dwelling unit with or without accompanying actual possession thereof;
or
Shall have charge, care or control
of any dwelling or dwelling unit as owner or agent of the owner or
as executor, executrix, administrator, administratrix trustee or guardian
of the estate of the owner. Any such person representing the owner
shall be bound to comply with the provisions of this Chapter, and
of rules and regulations adopted pursuant thereto, to the same extent
as if he/she were the owners.
A natural person for the purposes of the occupancy standards
hereof and for other purposes shall mean a natural person or a legal
entity, such as a firm, corporation, association, partnership or limited
liability company.
Includes all of the following supplied facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes washing machines, catch
basins, drains, vents and other similar supplied fixtures, together
with all connections to water, sewer or fuel lines.
The International Plumbing Code as adopted by the City of
Park Hills.
[Ord. No.
1064-14 § 1, 2-11-2014]
A lot, plot or parcel of land including the dwelling and
structures located thereon.
The International Residential Code as adopted by the City
of Park Hills.
[Ord. No.
1064-14 § 1, 2-11-2014]
Paid for, furnished or provided by or under the control of
the owner or operator.
Any trailer or other structure used for human shelter which
is designed to be transportable and which is not attached to the ground,
to another structure or to any utilities system on the same premises
for more than thirty (30) consecutive days.
Combustible and non-combustible waste materials, except garbage
and sewage, normally produced by occupants of a dwelling; it shall
include, but not be limited to, household wastes and yard and tree
trimmings.
Whenever the words "dwelling," "dwelling unit," "rooming
house," "rooming unit," "premises" are used in this Chapter, they
shall be construed as though they were followed by the word "or any
part thereof."
[R.O. 2016 § 505.050; CC 1994 § 12.120; Ord. No. 54-94 § 12.120, 12-19-1994; Ord. No. 518-04 § 5, 2-10-2004; Ord. No. 1064-14 § 2, 2-11-2014; Ord. No. 1313-19, 8-13-2019]
A.
Except for "multi-unit rental dwellings," which are covered by Section 505.056 below, no person shall occupy, rent, or lease to another for occupancy any dwelling, dwelling unit, rooming unit, temporary housing unit, commercial building, or commercial space without obtaining an occupancy permit. An occupancy permit shall not be issued until the premises has been inspected and found to be in compliance with this Chapter, and all applicable inspection fees are paid. Premises being occupied by the owner, being leased or rented, at the time of passage of this Section shall not require an occupancy permit until such time there is a change in occupancy or premises use classification.
[Ord. No. 1523-23, 3-14-2023]
B.
An occupancy permit is valid for a period
of twelve (12) months from the date it is issued. Therefore, those
with approved occupancy permits are not required to be reinspected
until after the twelve-month period has passed and a change in occupancy
occurs.
C.
Not Withstanding Subsection (B), a new occupancy permit shall be required anytime a change in the premise use classification occurs, a change in premise ownership or a change in premise occupant. A change in premise use classification occurs when the permitted use for the premise ceases to exist and a new premise use is expected. This change shall require an occupancy permit even if there is no change of occupancy or ownership. A change in premise use may also require the issuance of a building permit as required by the adopted Building Codes per Sections 500.090 and 500.340.
[Ord. No. 1424-21, 8-10-2021]
D.
A separate occupancy permit shall not be required when a building permit is obtained. A certificate of occupancy will be issued upon the passing of the final building inspection and compliance with Code Section 505.055, if applicable.
E.
Failure to comply with this Section shall
be a violation of the City Code. The penalty for any such violation
shall be by fine not exceeding five hundred dollars ($500.00) or three
(3) months in jail or both. Each day shall be considered a separate
offense; therefore, the fine may be assessed for each day the violation
occurs.
[R.O. 2016 § 505.055 Ord. No. 518-04 § 6, 2-10-2004; Ord.
No. 1312-19, 8-13-2019]
A.
The following fee schedule shall apply
for all inspections under the provisions of this Chapter:
[Ord. No. 1523-23, 3-14-2023]
A.
Annual
Registration Of Multi-Unit Rental Dwellings Required.
1.
This Subsection shall apply to all multi-unit rental dwellings, as
defined in this Chapter, including dwellings owned, operated, or subsidized
by public or non-profit agencies. Effective April 1, 2023, the annual
multi-unit rental dwelling registration requirement established by
this Subsection shall go into effect.
2.
The owner of any multi-unit rental dwelling as defined in this Chapter
shall register such dwelling annually with the Department of Community
Development ("department"). It shall be a violation of this Code for
any person or entity to fail to register any rental units regulated
by this Section. If a complex of multi-unit rental dwellings is on
the same lot or property is under common ownership, the entire complex
shall be considered to be the equivalent of a single multi-unit rental
dwelling for purposes of registration.
3.
Prior to December 31, 2023, the owner of each multi-unit rental dwelling
shall make written application to the director of Community Development
for registration of such dwelling. There shall be no fee charged for
this registration. After December 31, 2023, no person or entity shall
allow to be occupied, or let to another for occupancy, any rental
unit unless the unit has been registered as provided for in this Section.
4.
All registrations issued under this Section shall expire on December
31 of each year and shall be subject to renewal annually. Application
for renewal of registration in any year will be accepted beginning
January 1 and may be made without penalty through January 31.
5.
All owners shall apply for registration and renewal on a form provided
by the department which shall include provision for the following
owner, agent and other information:
a.
The common name of the property, if any, and exact street address
of each dwelling to be registered and the number of dwelling units
in the dwelling.
b.
An identification of the owner(s) by full name, telephone number,
mailing address, email address and date of birth. If the property
is owned by a corporation, limited liability company, partnership,
limited partnership, trust or real estate investment trust, the name
and address of any of the following shall be provided:
(1)
For a corporation, a corporate officer and the Chief Operating
Officer;
(2)
For a partnership, the managing partner;
(3)
For a limited liability company, the managing or administrative
member;
(4)
For a limited partnership, a general partner;
(5)
For a trust, a trustee; or
(6)
For a real estate investment trust, a general partner or an
officer.
c.
If the owner does not reside within the City of Park Hills, Missouri,
he or she shall designate a local agent who shall be authorized to
receive on behalf of the owner service of any notice, order or summons
issued because of a violation of this Code. Such agent must be an
individual over the age of eighteen (18) years and must reside within
the City or customarily and regularly attend a business office located
within the City. A partner, associate or corporate principal who meets
these qualifications may be designated and registered as the agent.
All official notices may be served on the responsible local agent
and any notice so served shall be deemed to have been served upon
the owner of record.
d.
The full name, telephone number, mailing address and email address
of an agent, if one is so designated by the owner, to schedule inspections
and receive service of any notice, order or summons issued because
of a violation of this Code.
e.
The names, addresses, and phone numbers of designated employees or
authorized representatives who may be contacted in the event of an
emergency.
f.
The signatures of the owner, an officer if the owner is a corporation,
a partner if the owner is a partnership, a member if the owner is
a limited liability company and the registered agent if so designated.
A registered agent's signature shall indicate consent to the designation.
g.
The name, street address and telephone number for any buyer on a
contract for deed, if one shall exist.
h.
The name, mailing address, telephone number and email address for
the person or entity, whether it be the owner, tenant, manager or
agent, responsible for maintenance of the yard and grounds, including
but not limited to trash pickup and lawn maintenance.
6.
A rental unit certificate of compliance shall be issued by the City
if the registration provisions of this Subsection are complied with.
7.
The owner of a newly constructed multi-unit rental dwelling or of
any dwelling newly converted to a multi-unit rental dwelling shall
register the multi-unit rental dwelling prior to allowing occupancy
of any new rental units. There shall be no charge for the initial
registration provided that the application is made within thirty (30)
days following the date of a certificate of occupancy for the property.
8.
No person or entity shall rent, let, lease or otherwise allow the
occupancy of any dwelling, dwelling unit or rooming unit unless the
property has been registered as above provided.
B.
Change
In Registration Information. The owner of a multi-unit rental dwelling
already registered with the City shall register any changes in the
original registration information within thirty (30) days of said
change. There shall be no fee for this registration update if done
within the thirty (30) days.
C.
Notice
On Sale Of Dwelling.
1.
Every seller of a multi-unit rental dwelling registered as provided
in this Subsection shall give notice, in writing, to the department
within thirty (30) days of closing. This notice shall include the
name and address of the buyer.
2.
The new owner shall have thirty (30) days from the date the change
of ownership occurred to file a new registration with the department.
D.
Registry
Of Multi-Unit Rental Dwellings. The department shall maintain a registry
of all multi-unit rental dwellings and rental units within the City
that contains the following information:
1.
The address of the multi-unit rental dwelling,
2.
The number of dwelling units in the dwelling.
3.
The name of the owner.
4.
The name of the manager or other responsible person designated by
the owner.
5.
The telephone number where the owner and/or other responsible person
will accept calls.
6.
The name and address of the person or entity responsible for maintenance
of the yard and grounds.
E.
Inaccurate
Or Incomplete Register Information. It shall be a violation of this
Code for an owner or a responsible person to provide inaccurate information
for the register of multi-unit rental dwellings or to fail to provide
information required by the City for the register. In those cases,
in which the owner is not a natural person, the owner information
required for the register shall be provided for the organization owning
the multi-unit rental dwelling and for the president, general manager,
resident manager or other Chief Executive Officer of the organization.
F.
Occupancy
Inspection Fee Schedule For Registered Properties.
1.
Initial Inspection And One (1) Follow-Up Re-Inspection.
a.
For single-family detached, single-duplex parcels, single-townhouse
parcels and for multi-family dwellings with two (2) or less units:
$20.00.
b.
For multi-duplex parcels multi-townhouse parcels and for multi-family
dwellings with three (3) or more units: $15.00.
c.
For multi-duplex parcels multi-townhouse parcels and for multi-family
dwellings with eight (8) or more units: $10.00.
2.
All second re-inspections: $40.00.
3.
All third or subsequent re-inspections: $50.00.
G.
Penalty.
Any person failing to comply with the requirements of this Section
shall be referred to the City Attorney for prosecution in the Municipal
Court for violation of the City Code, and if found guilty, the punishment
shall be a fine not exceeding one hundred dollars ($100.00) for the
first offense and five hundred dollars ($500.00) for the second and
each subsequent offense.
[R.O. 2016 § 505.060; Ord. No. 1064-14[1] § 3, 2-11-2014]
The 2012 Edition of the International Property Maintenance Code, as published by the International Code Council (ICC), is hereby adopted as the Housing and Property Maintenance Code of the City of Park Hills, Missouri, for the control of buildings and structures as therein provided; and each and all of the regulations, provisions, conditions, appendices, and terms of the said 2012 International Property Maintenance Code are hereby referred to, adopted and made part thereof, as if fully set out in this Article. For the purposes of interpreting the 2012 Edition of the International Property Maintenance Code, terms defined in the 2012 Edition of the International Property Maintenance Code shall override the same terms as defined by Section 505.040.
[1]
Editor's Note: This ordinance also repealed
former § 505.060, Minimum Standards for Basic Equipment
and Facilities, adopted and amended as follows: CC 1994 § 12.125;
Ord. No. 54-94 § 12.125, 12-19-1994; Ord. No. 518.04 § 7,
2-10-2004.
[R.O. 2016 § 505.070; Ord. No. 1064-14[1] § 7, 2-11-2014]
A.
The following sections of the International
Property Maintenance Code, 2012 Edition, are amended as set out herein:
1.
In Section 101.1, insert "City of
Park Hills."
2.
Delete Section 103 in its entirety.
3.
Delete Section 104 in its entirety.
4.
Delete Section 110 in its entirety.
5.
Delete Section 302.4 in its entirety.
6.
Delete Section 111 in its entirety
and replace with the following:
SECTION 111 MEANS OF APPEAL
111.1 Application for appeal. Any person directly affected by a decision of the Director of Community Development or a notice or order issued under this code shall have the right to appeal as provided in Section 505.145.
7.
In Section 302.4, insert "seven (7)
inches."
8.
In Section 304.14, insert: "April
15 — November 15."
9.
Delete Section 404.5 and replace
with the following:
404.5 Overcrowding. Dwelling
units shall not be occupied by more occupants than permitted by the
minimum occupancy requirements of Table 404.5 nor more than the maximum
number of occupants per bedroom(s) as provided for in Section 404.4.1.
No dwelling unit shall be occupied by more than one (1) family as
defined in the Zoning Ordinance.
10.
Section 505.5 is added and subsequently
amended. Insert the following:
505.5 Water service valve. Each structure shall be required to have installed a code compliant
valve near the entrance of the water service prior to any branching
of the service line inside the structure. The valve shall be of a
full-open type having nominal restriction to flow, with provision
for drainage such as a bleed orifice or installation of a separate
code compliant drain valve.
[Ord. No.
1339-19, 12-10-2019; Ord. No. 1529-23, 3-14-2023]
|
Such valve shall be installed, in a properly working condition
prior to any required occupancy inspection and/or the replacement
of the existing water service line. The property owner must inform
any new owner and/or occupant of the location of such valve. Said
water valve shall be used for shutting off private lines by the property
owners and/or occupants in the event of a water line leak or emergency.
Other City water valves are for the use of City only and not for shutting
off private lines.
|
11.
In Section 602.3, insert: "October
1 — April 30."
12.
In Section 602.4, insert "October
1 — April 30."
13.
Section 704.5 is added. Insert the
following:
704.5 Carbon monoxide alarms. An approved carbon monoxide alarm shall be installed on the ceiling
or wall outside of each separate sleeping area in the immediate vicinity
of the bedrooms in dwelling units within which fuel-fired appliances
are installed and in dwelling units that have attached garages.
[1]
Editor's Note: Section 3 of this ordinance
also repealed former § 505.070, Minimum Standards for Light,
Ventilation, Heating and Emergency Egress, adopted and amended as
follows: CC 1994 § 12.130; Ord. No. 54-94 § 12.130,
12-19-1994; Ord. No. 518-04 § 8, 2-10-2004.
[1]
Editor's Note: Former § 505.080,
General Requirements for Construction and Maintenance, adopted and
amended CC 1994 § 12.135; Ord. No. 54-94 § 12.135,
12-19-1994; Ord. No. 518-04 § 9, 2-10-2004; and former § 505.090,
Minimum Space, Use and Location Requirements, adopted and amended
CC 1994 § 12.140; Ord. No. 54-94 § 12.140, 12-19-1994;
Ord. No. 518-04 § 10, 2-10-2004, were repealed 2-11-2014
by § 3 of Ord. No. 1064-14. Former § 505.100,
Responsibilities of Owners and Occupants, adopted and amended CC 1994 § 12.145;
Ord. No. 54-94 § 12.145, 12-19-1994; Ord. No. 518-04 § 11,
2-10-2004, was repealed 2-11-2014 by § 5 of Ord. No. 1064-14.
Ord. No. 518-04 § 12, adopted 2-10-2004, repealed § 505.110,
Rooming Houses, in its entirety. Former § 505.110 derived
from CC 1994 § 12.150; Ord. No. 54-94 § 12.150,
12-19-1994.
[R.O. 2016 § 505.120; CC 1994 § 12.155; Ord. No. 54-94 § 12.155, 12-19-1994; Ord. No. 518-04 § 13, 2-10-2004]
The Director of Community Development
is hereby authorized and directed to make inspections to determine
the condition of dwellings, dwelling units, rooming units and premises
located within the City in order that he/she may perform his/her duty
of safeguarding the health and safety of the occupants of dwellings
and of the general public and in order that he/she may ascertain that
the standards for dwellings, as set forth in this Chapter, are properly
maintained. For the purposes of making such inspection, the Director
of Community Development is hereby authorized to enter, examine and
survey at any reasonable time all dwellings, dwelling units, rooming
units and premises with permission of the occupant for the purpose
of inspection, examination and survey. In the event of necessity the
Director of Community Development shall procure right to entry and
inspection by application to and proper orders from a court of competent
jurisdiction. Every occupant of a dwelling or dwelling unit shall
give the owner thereof or his/her agent or employee access to any
part of such dwelling units or its premises at all reasonable times
for the purpose of making such repairs or alterations that are necessary
to effect compliance with the provisions of this Chapter or with any
lawful rule or regulation adopted or any lawful order issued pursuant
to the provisions of this Chapter.
[1]
Editor's Note: Ord. No. 518-04 § 14,
adopted 2-10-2004, repealed § 505.130, Dwellings Unfit for
Human Habitation — Nuisances, in its entirety. Former
§ 505.130 derived from CC 1994 § 12.160; Ord.
No. 54-94 § 12.160, 12-19-1994. Former § 505.140,
Enforcement, adopted and amended CC 1994 § 12.165; Ord.
No. 54-94 § 12.165, 12-19-1994; Ord. No. 518-04 § 15,
2-10-2004, was repealed 2-11-2014 by § 5 of Ord. No. 1064-14.
[R.O. 2016 § 505.145; Ord. No. 518-04 § 16, 2-10-2004; Ord.
No. 1064-14 § 4, 2-11-2014]
A.
Any person affected by any notice which
has been issued in connection with the enforcement of any provisions
of this Chapter, who is aggrieved thereby and who believes the same
to be contrary to the policies or regulations of the City, may request
and shall be granted a hearing on the matter before the Board of Adjustment,
provided that such person shall file in the office of the Director
of Community Development a written request for such hearing and set
forth a brief statement of the grounds therefor within a reasonable
time, as provided by the rules of the Board of Adjustment. Upon receipt
of such appeal, the Board of Adjustment shall fix a reasonable time
for the hearing of the appeal, give public notice thereof, as well
as due notice to the parties in interest, and decide the same within
a reasonable time. Upon the hearing, any party may appear in person
or by agent or counsel. After such hearing, the Board of Adjustment
may sustain, modify or withdraw the notice, depending upon its finding
as to whether the provisions of this Chapter have been complied with.
If the Board of Adjustment sustains or modifies such notice, it shall
be deemed to be a final order. Any notice served pursuant to the Chapter
shall become a final order if a written appeal is not filed in the
office of the Director of Community Development within the time provided
by the rules of the Board of Adjustment.
B.
An appeal stays all proceedings in the
furtherance of the action appealed from, unless the officer from whom
the appeal is taken certifies to the Board of Adjustment after the
notice of appeal shall have been filed with him/her that by reason
of facts stated in the certificate a stay would, in his/her opinion,
cause immediate peril to life or property. In such case, proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Board of Adjustment or by a court of record on application
or notice to the officer from whom the appeal is taken and on due
cause shown.
C.
After a hearing in the case of any notice
suspending any permit required by this Chapter, when such notice has
been sustained by the Board of Adjustment, the permit shall be deemed
to have been revoked. Any such permit which has been suspended by
a notice shall be deemed automatically revoked if a written appeal
is not filed in the office of the Director of Community Development
within the time provided by the rules of the Board of Adjustment.
D.
The proceedings at such hearing shall be
recorded and the findings and decision of the Board of Adjustment
shall be reduced to writing and entered as a matter of public record
in the office of the Director of Community Development. Such record
shall also include a copy of every notice or order issued in connection
with the matter.
[R.O. 2016 § 505.150; CC 1994 § 12.170; Ord. No. 54-94 § 12.170, 12-19-1994; Ord. No. 518-04 § 17, 2-10-2004]
This Chapter establishes minimum
standards for dwelling units and other residential buildings and does
not replace or modify standards otherwise established for the construction,
replacement or repair of buildings.
[R.O. 2016 § 505.155; Ord. No. 518-04 § 18, 2-10-2004; Ord.
No. 1064-14 § 6, 2-11-2014]
Any person failing to comply with
a final order of the Director of Community Development or his/her
authorized representative or the Board of Adjustment shall be referred
to the City Attorney for prosecution in the Municipal Court for violations
of the City Code; and if found guilty, the punishment shall be a fine
not exceeding five hundred dollars ($500.00) for each offense, and
each and every day of such failure to comply shall be deemed a separate
offense.
