The International Building Code, 2021 Edition, with Appendices
C, E, F, G, I, J, and K, as published by the International Code Council,
is hereby adopted as the Building Code of the City; and all of the
regulations, provisions, penalties, conditions and terms of the International
Building Code, 2021 Edition, with Appendices C, E, F, G, I, J, and
K, as published by the International Code Council, are hereby referred
to, adopted and made part thereof, as if fully set out in this Article,
with the additions, insertions, deletions and changes prescribed in
this Article.
[Ord. No. 1750, 2-20-2019; Ord. No. 2157, 6-26-2024]
Throughout the Building Code adopted in Section 500.010, wherever the term "Name of Jurisdiction" or "Local Jurisdiction" appear, it shall be deemed to mean the City of Cottleville, Missouri.
[Ord. No. 1750, 2-20-2019; Ord. No. 2157, 6-26-2024]
Throughout the Building Code adopted pursuant to Section 500.010 of this Article, whenever the term "Department of Building Safety," "Building Official," or "Code Official" appear, it shall be deemed to mean the "Director of Public Works" of the City of Cottleville, Missouri.
[Ord. No. 1750, 2-20-2019; Ord. No. 2157, 6-26-2024]
Whenever the term "Chief Appointing Authority" is used in the
code, it shall be deemed to mean the "Board of Aldermen" of the City
of Cottleville, Missouri; whenever the term "Legal Representative"
is used, it shall be deemed to mean "City Attorney."
[Ord. No. 1750, 2-20-2019; Ord. No. 2157, 6-26-2024]
All types of construction shall comply with building setback
lines, side lots, yard requirements and height limitations as set
out in the Zoning Ordinance and this Article or code; the Zoning Ordinance
shall prevail; also in conjunction with Section 105.2 of the International
Building Code, building permits shall be required on all building
activities with the exception of ordinary repairs and the exceptions
listed in Section 105.2. The Director of Public Works or his/her designee
has complete authority to inspect all buildings being constructed
to ensure that the provisions of this Article and code are complied
with.
[Ord. No. 1750, 2-20-2019; Ord. No. 2157, 6-26-2024]
The Building Code adopted in Section 500.010 is amended as follows:
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(CHAPTER 1 SCOPE AND ADMINISTRATION)
(SECTION 101 GENERAL)
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1.
101.1 Title. Delete "NAME OF JURISDICTION" and insert
"City of Cottleville, Missouri."
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(SECTION 113 Board of Appeals)
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2.
Section 113 shall be deleted in its entirety, and inserted
in lieu thereof shall be the following:
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113.1 Board of Appeals. There shall be and is hereby
created a Board of Appeals to hear and decide appeals of final orders,
decisions, or determinations made by the Building Official in the
application and interpretation of all codes adopted pursuant to this
code. Any person directly impacted by a final order, decision, or
determination of the Building Official, such that the person would
have standing in a court of law to challenge the order, decision,
or determination, may petition the Board of Appeals for a review of
a final order, decision, or determination of the Building Official.
To the fullest extent permitted by law, the review procedures herein
shall be exhausted before any action may be had in any court against
the City or the Building Official. Any such petition for appeal shall
only be based on a claim that the true intent of this code or the
rules legally adopted thereunder have been incorrectly interpreted,
the provisions of this code do not fully apply, or any equally good
or better form of construction is proposed. The Board of Appeals shall
have no authority to waive or alter the requirements of this code.
A petition for appeal must be submitted on a form obtained from the
Building Official within twenty (20) days after the date of the decision
appealed from.
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113.2 Membership of the Board. The Board of Adjustment
of the City of Cottleville, Missouri, shall be the Board of Appeals.
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113.2.1 Rules and procedures. The Board of Appeals
is authorized to establish policies and procedures as are necessary
to perform its duties.
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113.2.2 Disqualification of members. A member of
the Board of Appeals shall not hear an appeal of a matter in which
that member has a personal, professional, or financial interest.
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113.2.3 Compensation of members. Members of the
Board of Appeals shall serve without compensation.
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113.3 Petition for appeal. Each petition for appeal
before the Board of Appeals shall include the following:
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1.
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The names and addresses of all the owners of the property subject
to the appeal.
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2.
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Signatures of all the owners of the property and the petitioner(s)
for the building permit.
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3.
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A legal description of the property to be affected.
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4.
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A scaled map of such property, correlated with the legal description,
and clearly showing the property's location.
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5.
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Date of filing with the Board of Appeals.
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6.
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All submittal documents required under Section 107.1.
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7.
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The reasoning for the appeal.
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8.
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The filing fee, which shall be the same as the filing fee for
a variance as set forth in the Municipal Code. The petitioner shall
pay the reporter's charges for making a record of the testimony,
objections, and rulings at the hearing upon such application and,
in the event of an appeal of the decision of the Board of Appeals,
for preparing a transcript of such hearing.
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113.3.1 Review of petition for appeal. A completed
petition for appeal shall be submitted to the Building Official who
shall review the application for compliance with this code and other
ordinances of the City. The application shall be deemed submitted
to the Board of Appeals on the earlier of: (a) when the Building Official,
in his or her sole discretion, finds the application in sufficient
form for review by the Board of Appeals; or (b) sixty (60) days from
submission to the Building Official. A hearing before the Board of
Appeals shall take place at a date no earlier than fourteen (14) days
after and no later than forty-five (45) days after the date of submission.
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113.3.2 Hearing on petition for appeal. All hearings
before the Board of Appeals should be open to the public. The petitioner,
the petitioner's representative, the Building Official, and any
person whose interests are directly affected shall be given an opportunity
to be heard.
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113.4 Board Decision. The Board of appeals may
only modify or reverse the decision of the Building Official by a
concurring vote of four (4) of its members hearing the appeal.
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113.4.1 Copy of Decision. The decision of the Board
of Appeals shall be in writing. Copies signed by the Chairman and
Secretary shall be furnished to the petitioner and to the Building
Official.
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113.4.2 Administration. The Building Official shall
take immediate action in accordance with any decision of the Board
of Appeals.
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113.4.3 Court review. A decision of the Board of
Appeals may be appealed to the Circuit Court pursuant to the procedures
for contested cases in Chapter 536, RSMo., only if the appeal is made
within thirty (30) days from the date of the Board's decision.
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(SECTION 114 VIOLATIONS)
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3.
Section 114 shall be deleted in its entirety.
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(SECTION 115 STOP WORK ORDER)
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4.
115.2 Issuance. Delete in its entirety and insert:
The stop work order shall be in writing and shall be given to
the owner of the property for which the application was submitted,
the owner's authorized agent, or the person performing the work.
Upon issuance of a stop work order, the work shall immediately cease.
The stop work order shall state the reason(s) for the order and the
condition(s) under which the work will be permitted to resume. Any
person served with a stop work order shall pay an administrative penalty
of up to two hundred fifty dollars ($250.00).
[Ord. No. 1750, 2-20-2019; Ord. No. 2157, 6-26-2024]
A.
Any person violating any of the provisions of the code adopted in
this Article shall be deemed guilty of an ordinance violation and
upon conviction thereof shall be fined in an amount not exceeding
five hundred dollars ($500.00) or be imprisoned in the City or County
Jail for a period not exceeding ninety (90) days, or both such fine
and imprisonment. Each day such violation is committed or permitted
to continue shall constitute a separate ordinance violation and shall
be punishable as such hereunder.
B.
Whenever any provision of the Revised Statutes of Missouri or other
Statute of the State limits the authority of the City to punish the
violation of any particular provision of the code adopted in this
Article to a fine of less amount than that provided in this Section
or imprisonment for a shorter term than that provided in this Section,
the violation of such particular provision shall be punished by the
imposition of not more than the maximum fine or imprisonment as authorized,
or by both such fine or imprisonment, if authorized.
