[Ord. No. 2933, 12-9-2024]
For the purposes of these regulations, the following terms shall have the meanings set forth below:
CODE OFFICIAL
The person designated by the City as responsible for conducting the occupancy inspection.
DEPARTMENT OF PLANNING
The Department of Planning of the City of Wildwood, Missouri.
DIRECTOR
The Director of the Department of Planning, or his or her designee.
OCCUPANCY
Shall include the movement of furniture, equipment, or other property into a dwelling unit.
OWNER
The property owner of record according to the County Recorder of Deeds.
OWNER-OCCUPIED DWELLING UNIT
A dwelling unit for which the occupant thereof is expressly named as an owner of the dwelling unit, or is a trustee or beneficiary of a trust that is expressly named as an owner of the dwelling unit, all as indicated upon the deed of record on file in the Office of the Recorder of Deeds of St. Louis County, Missouri.
PERSON
An individual, heirs, executors, trustee, administrators or assigns, its or their successors or assigns, or the agent of any of the aforesaid. The term "person" shall also mean a firm, partnership, co-partnership, company, corporation, association, joint stock company, joint venture, trust, estate, organization or combination of individuals, of any kind, character, form or nature whatsoever, its or their successors or assigns, or an officer, manager, member, partner, employee, executor, trustee, administrator or agent of any of the aforesaid.
[Ord. No. 2933, 12-9-2024]
A. 
It is the intent of this Article to secure the public welfare by promoting the orderly maintenance of property within the City by applying the standards set forth in the Property Maintenance and Building Codes adopted by the City.
B. 
It is unlawful for any person, owner, corporation, or agent to occupy, permit the occupancy, or cause a change in occupancy of any non-owner-occupied dwelling unit within the City of Wildwood without first obtaining an inspection and corresponding Certificate of Occupancy for such premises from the Department of Planning as provided for herein.
C. 
The issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of any provisions within the Code of Ordinances of the City of Wildwood.
[Ord. No. 2933, 12-9-2024]
A. 
Applications. Prior to the occupancy of a non-owner-occupied dwelling unit, and upon each subsequent change in occupancy thereof and prior to the occupancy by the new occupant, the owner, or owner's agent, of such dwelling unit shall make a written application to the Department of Planning for a Certificate of Occupancy on a form to be furnished by the City including all required documentation, proof of passed inspection issued by St. Louis County, and all applicable fees.
B. 
Scheduling The Inspection. The City shall contract with St. Louis County to perform inspections. The applicant shall submit their application to St. Louis County and schedule the inspection, paying all fees in accordance with St. Louis County's Permit Inspection Fees. Upon receipt of an occupancy or occupancy permit application accompanied by the appropriate permit inspection fee, the Code Official shall cause an inspection to be made for the purpose of determining whether or not the unit complies with the provisions of this Code.
C. 
Inspection. The Code Official is authorized to make an inspections of the non-owner-occupied property to be covered by the Certificate of Occupancy as described herein. Such inspections shall be for the purpose of determining whether such dwelling unit and any structures, common areas, and or associated property complies with the provisions of the Property Maintenance and Building Codes adopted by the City. For the purpose of making the inspection, the Code Official shall examine and survey the property by appointment with the knowledge of the owner thereof. Should any person in control of the non-owner-occupied dwelling unit fail or refuse to permit free access and entry to the non-owner-occupied dwelling unit and/or associated property, the Code Official may seek a search warrant or other appropriate court order authorizing such inspection.
1. 
Upon receipt of a notice of deficiencies, the applicant shall both correct all such deficiencies and advise the Code Official that the deficiencies have been corrected within ninety (90) days. Failure to correct the deficiencies and so advise the Code Official within ninety (90) days shall cause the application to lapse and no occupancy permit shall be issued until a new application is filed and a new inspection made.
2. 
Upon completing the repairs, re-inspection shall be completed as scheduled between the Code Official and owner or owner's agent. No final Certificate of Occupancy shall be issued until the non-owner-occupied dwelling unit complies with the requirements of the Property Maintenance and Building Codes. Additional re-inspections may incur additional fees, in accordance with St. Louis County's fee schedule.
3. 
A Certificate of Occupancy shall only be issued when the non-owner-occupied dwelling unit complies with the Property Maintenance and Building Codes most recently adopted by the City. No occupancy permit shall be issued for a unit where the owner or occupant, or prospective owner or occupant denies access to the premises for inspection or re-inspection or takes other action or fails to take necessary action which has the effect of precluding inspection or re-inspection by the Code Official, nor where access is denied to common areas of a condominium adjacent to or closely associated with the unit being inspected.
D. 
Certificate Of Occupancy And Inspection Fees. Applicable fees associated with the administrative costs associated with the Certificate of Occupancy shall be collected with the application. No Certificate of Occupancy shall be issued until such fees are paid.
E. 
Issuance Of Certificate Of Occupancy.
1. 
If, upon completion of the inspection of the non-owner-occupied dwelling unit, the Code Official finds that the same is in compliance with the Property Maintenance and Building Codes adopted by the City, the Department of Planning shall, upon presentation of documents provided by St. Louis County, confirming the Code Official's findings, issue a Certificate of Occupancy.
[Ord. No. 2933, 12-9-2024]
A. 
Applications for conditional occupancy permits shall be made in the manner set out in this Article for occupancy permits. A conditional occupancy permit shall expire not more than sixty (60) days from its issuance, or at the end of such lesser number of days as the Director of Planning may specify on the conditional occupancy permit, based upon the amount of time reasonably thought by the Code Official to be necessary to complete the required upgrades. Possession of a valid, unexpired conditional occupancy permit shall satisfy the provisions of this Section requiring possession of a occupancy permit.
B. 
No temporary certificate may be extended, however, for more than one (1) additional sixty (60) day period. If a non-temporary Certificate of Occupancy is not obtained prior to the expiration of the temporary certificate, the unit shall be vacated until one hundred percent (100%) of the deficient issues have been corrected and inspected.
C. 
Notwithstanding the above, a temporary Certificate of Occupancy shall not be issued for non-owner-occupied dwelling units where a condition exists that threatens the health or safety of the occupant(s) or the general public.
[Ord. No. 2933, 12-9-2024]
Where an occupancy permit has been issued for a type I or type II unit, but change of occupancy has not occurred within one hundred twenty (120) days following the approved inspection date, the permit shall expire, and a new occupancy permit shall be required before any occupancy may occur.
[Ord. No. 2933, 12-9-2024]
A. 
If any defect identified during an inspection is not remedied within the prescribed time designated by the Code Official, an appropriate action or proceeding shall be instituted against the person or firm responsible for the failure to remedy the issue.
B. 
Any person(s) who occupies or allows the occupation of a non-owner-occupied dwelling unit for which a Certificate of Occupancy was not issued, or for which a temporary Certificate of Occupancy was issued but has expired, shall be found to be in violation of these regulations and may be subject to citations and/or associated fines.
1. 
For each day such occupancy continues until a valid Certificate of Occupancy is obtained, the owner of such non-owner-occupied dwelling unit shall be charged an administrative fee of twenty dollars ($20.00), up to a total amount of two hundred dollars ($200.00), to help offset the administrative burden caused by such occupancy.
2. 
Owners and/or occupants of non-owner-occupied dwelling units with multiple offenses documented may be subject to a fine of twenty dollars ($20.00) per day for every day in violation.
[Ord. No. 2933, 12-9-2024]
Any person affected by the issuance of any decision or notice hereunder may request and shall, upon such request, be granted a hearing before the Administrative Review Board, pursuant to procedures established in Chapter 150, Code of Administrative Procedure; provided that such person shall file in the office of the Director, a written request seeking such hearing and setting forth a brief statement of the grounds therefor within ten (10) days of the action forming the basis of the complaint.
[Ord. No. 2933, 12-9-2024]
The Director is authorized to, and the Director shall, in writing, revoke a Certificate of Occupancy issued under the provisions of this Code wherever the Certificate of Occupancy is issued in error or on the basis of incorrect, inaccurate or incomplete information.
[Ord. No. 2933, 12-9-2024]
The provisions of this Article XI shall not apply to lawful occupancies existing at the time of the effective date (12-9-2024) of this Article.