The complete "Property Maintenance Code of St. Charles County," including the amendments described below, is available online at https://codes.iccsafe.org/codes/united-states/missouri/st-charles-county.
[1]
Editor’s Note: Section 13 of Ord. No. 17-061 renumbered former Article VIII, Property Maintenance Code, containing Sections 500.090 through 500.096, to now be Article XIII, Property Maintenance Code, containing Sections 500.500 through 500.550. The content of these Sections was only altered to reflect new numbering and update internal references to reflect same.
[Ord. No. 97-223 §1, 12-31-1997; Ord. No. 98-35 §§1—2, 2-25-1998; Ord. No. 98-66 §1, 4-29-1998; Ord. No. 02-035 §1, 3-28-2002; Ord. No. 03-009 §1, 1-29-2003; Ord. No. 04-044 §8, 3-31-2004; Ord. No. 05-046 §1, 4-27-2005; Ord. No. 05-169 §§2—4, 11-29-2005; Ord. No. 06-041 §2, 3-28-2006; Ord. No. 07-016 §2, 1-30-2007; Ord. No. 07-177 §1, 12-27-2007; Ord. No. 08-003 §1, 1-14-2008; Ord. No. 10-040 §2, 6-2-2010; Ord. No. 13-087 §5, 11-25-2013; Ord. No. 15-097 §1, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016; Ord. No. 23-092, 10-10-2023; Ord. No. 24-081, 9-30-2024; Ord. No. 25-084, 12-15-2025]
A. 
St. Charles County hereby adopts the 2021 St. Charles County Property Maintenance Code, a copy of which shall be deposited in the Office of the County Registrar with this ordinance, including Appendix A with the following amendments by additions, insertions, deletions and changes to read as follows:
(CHAPTER 1 SCOPE AND ADMINISTRATION)
(SECTION 101 SCOPE AND GENERAL REQUIREMENTS)
101.1 Title. These regulations shall be known as the Property Maintenance Code of St. Charles County, Missouri, hereinafter referred to as "this Code."
101.2 Scope. The provisions of this Code constitute the minimum requirements and standards for all residential and nonresidential premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, sanitary maintenance, occupancy, protection from the elements, and safety from fire and other hazards; the responsibility of owners, an owner's authorized agent, operators, and occupants of such premises, structures, equipment, and facilities; and matters related to the administration of this Code, including, but not limited to, enforcement and penalties.
Exception: Accessory structures on land categorized as agricultural by the St. Charles County Assessor shall be exempt from this code if the structure is used exclusively in connection with:
1.
The regular and ongoing production, harvesting, storage, drying, or raising of crops, livestock, or related agricultural commodities; or
2.
Conservation and hunting purposes, provided that the structure is not within five hundred (500) feet of land categorized as residential by the St. Charles County Assessor.
Notwithstanding any provision to the contrary, this Code shall apply to an accessory structure on land categorized as agricultural by the St. Charles County Assessor if it is determined by the St. Charles County Division of Building and Code Enforcement that such structure poses a danger to the health or safety of persons or the public.
102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the following Codes of St. Charles County: Building Code, Existing Building Code, Energy Conservation Code, Fire Code, Fuel Gas Code, Mechanical Code, Residential Code, Plumbing Code and NFPA 70. Nothing in this Code shall be construed to cancel, modify or set aside any other ordinance or Code.
(SECTION 103 CODE COMPLIANCE AGENCY)
103.1 Creation of enforcement agency. The Division of Building and Code Enforcement within the Department of Community Development is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this Code.
103.2 Appointment. The code official shall be appointed as provided by ordinance.
(SECTION 107 MEANS OF APPEALS)
107.1 General.
For the purposes of this Code, all appeals shall be in accordance with the procedure established for the Building Code of St. Charles County, Missouri, in Section 113 of 500.100.
(SECTION 108 BOARD OF APPEALS)
108.1 Membership of board. The board of appeals shall consist of members as outlined in Article XV, Chapter 500 of the St. Charles County, MO adopting ordinance.
(SECTION 109 VIOLATIONS)
109.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by State or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Violations of this Code are misdemeanors punishable by fines and subject to punishment pursuant to the following provisions:
1.
Notwithstanding any other provision of this Code to the contrary, for a violation of this Property Maintenance Code, the court shall not assess a fine, if combined with the amount of court costs, totaling in excess of:
1.1.
A sum of two hundred dollars ($200.00), if the defendant has committed no property violations within twelve (12) months prior to the violation for which the defendant is to be sentenced;
1.2.
A sum of two hundred seventy five dollars ($275.00), if the defendant has committed one (1) property violation within twelve (12) months prior to the violation for which the defendant is to be sentenced;
1.3.
A sum of three hundred fifty dollars ($350.00), if the defendant has committed two (2) property violations within twelve (12) months prior to the violation for which the defendant is to be sentenced; or
1.4.
A sum of four hundred fifty dollars ($450.00), if the defendant has committed three (3) or more property violations within twelve (12) months prior to the violation for which the defendant is to be sentenced;
2.
A The court shall not sentence a person to confinement, except the court may sentence a person to confinement for any violation involving alcohol or controlled substances, violations endangering the health or welfare of others, or eluding or giving false information to a Law Enforcement Officer;
3.
A person shall not be placed in confinement for failure to pay a fine unless such nonpayment violates terms of probation or unless the due process procedures mandated by Missouri Supreme Court Rule 37.65 or its successor rule are strictly followed by the court;
4.
Court costs that apply shall be assessed against the defendant unless the court finds that the defendant is indigent based on standards set forth in determining such by the presiding judge of the circuit. Such standards shall reflect model rules and requirements to be developed by the Supreme Court; and
5.
No court costs shall be assessed if the defendant is found to be indigent under Subsection (4) of this section or if the case is dismissed.
6.
Subject to the limitations on imposing fines and charging court costs if the defendant is found to be indigent under Subsection (4) of this section and subject to the maximum fine and court costs limitations under Subsection (1) of this section, the following minimum fine amounts shall be charged for a property violation:
6.1.
A sum of seventy five dollars ($75.00), if the defendant has committed one (1) violation of this Chapter within twelve (12) months prior to the violation for which the defendant is to be sentenced;
6.2.
A sum of one hundred fifty ($150.00), if the defendant has committed two (2) violations of this Chapter within twelve (12) months prior to the violation for which the defendant is to be sentenced; or
6.3.
A sum of two hundred twenty five dollars ($225.00), if the defendant has committed three (3) or more violations of this Chapter within twelve (12) months prior to the violation for which the defendant is to be sentenced.
(SECTION 110 STOP WORK ORDER)
110.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property, to the owner's authorized agent, or to the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. Any person served with a stop work order shall pay an administrative penalty of up to two hundred fifty dollars ($250.00).
(SECTION 111 UNSAFE STRUCTURES AND EQUIPMENT)
111.1 Unsafe conditions. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code. If the code official finds a structure unsafe, the owner of the property shall provide an action plan for repairs to the code official.
111.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code 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. Structures shall be closed up in accordance with Appendix A of this Code. Upon failure of the owner or owner's authorized agent to close up the premises within the time specified in the order, the code 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 shall be collected by any other legal resource. Abatement by the code official shall be in accordance with Section 500.510 OSCCMo.
111.4.2 Method of service. Such notice shall be deemed to be properly served where a copy thereof is served in accordance with one of the following methods:
1.
A copy is delivered personally.
2.
A copy is sent by first-class, certified, or registered mail addressed to the owner at the last known address with the return receipt requested.
3.
A copy is delivered in any other manner as prescribed by local law.
If the first-class, certified, or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner.
111.7 Placarding. Upon failure of the owner, owner's authorized agent or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word "Condemned" or "Uninhabitable/Unusable" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. Such notice shall be posted in a conspicuous place in or about the structure affected by such notice. If the notice pertains to equipment, it shall be placed on the condemned equipment.
111.9.1 Manufactured homes. Any mobile, manufactured or modular home that has been condemned by any governmental agency (Federal, State, County or Municipal) shall be removed from St. Charles County jurisdiction at owner's expense within thirty (30) days after the placard or notice has been posted, unless the structure has been repaired in accordance with Section 500.600, Ordinances of St. Charles County, Missouri.
(SECTION 112 EMERGENCY MEASURES)
112.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction, subject to proceedings for their recovery authorized in Section 500.510, Ordinances of St. Charles County, Missouri.
(SECTION 113 DEMOLITION)
113.1 General. The code official shall order the owner or owner's authorized agent of any premises upon which is located any structure, which in the code official's or owner's authorized agent judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two (2) years, the code official shall order the owner or owner's authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the building official. The provisions of Section 500.520, Ordinances of St. Charles County, Missouri, shall apply to notices and orders authorized by this Section.
113.2 Notices and orders. Notices and orders for this Section shall comply with Section 500.520, Ordinances of St. Charles County, Missouri.
113.3 Failure to comply. If the owner of a premises or owner's authorized agent fails to comply with a demolition order within the time prescribed, the provisions of Section 500.520, Ordinances of St. Charles County, Missouri, shall apply.
(SECTION 114 OCCUPANCY PERMITS & INSPECTIONS)
114.1 Occupancy permits. Occupancy permits shall be required for all existing structures upon any change in ownership, tenancy, or occupancy of such structures. A new owner, tenant or occupant shall submit to the code official, on forms supplied by the code official, an application for an occupancy permit along with required inspection fees. The code official shall promptly schedule and conduct inspections for occupancy permits; shall order the applicant to correct any violations of this code noted at the time of inspection; and shall issue an occupancy permit only after reinspecting to determine that the applicant has complied with that order. It shall be a violation of this Code to occupy any structure subject to this provision without an occupancy permit.
Exceptions:
1.
An occupancy permit shall not be required for existing residential structures unless the structure was condemned by the code official in accordance with this Code. Such condemned structures shall meet all the minimum requirements of all applicable codes and regulations adopted by St. Charles County as a prerequisite to issuance of an occupancy permit.
2.
The code official may issue a temporary occupancy permit for a period not to exceed ninety (90) days, if the code official determines that the violations of this code that must be corrected do not constitute a health or safety risk to occupants or to surrounding properties.
(SECTION 115 INDEX OF VACANT BUILDINGS)
115.1 Enrollment. The owner or owner's authorized agent of a vacant building may enroll the building with the code official. The enrollment shall be on forms provided by the code official and shall include all information the code official may require. The enrollment shall remain valid for one year from the date the code official approves the enrollment, unless terminated sooner. The owner shall renew the enrollment annually so long as the building remains vacant. If ownership of a vacant building is transferred while the building is enrolled, the former owner shall immediately notify the code official in writing of the transfer, and the new owner shall enroll the building with the code official within thirty (30) days after the transfer.
115.2 Enrollment fee. The enrollment fee shall be set by ordinance.
115.3 Property inspection and maintenance. Upon enrollment of a vacant building, the code official shall inspect the vacant building and premises to determine the vacant building's compliance with this Code's requirements for the exterior property and exterior structure and all other ordinances. The code official shall make available to the owner an inspection report listing any violations. Within sixty (60) days after the inspection report is issued, the owner shall bring the building and premises into compliance and shall thereafter maintain the building and premises. Any failure or refusal by the owner to authorize the code official to inspect the building and premises shall terminate the enrollment.
115.4 Removing a vacant building from the index. Upon the owner's request to remove a vacant building from the index, the code official shall inspect the building and premises to determine whether the vacant building complies with the requirements of this code and all other ordinances. The code official shall make available to the owner an inspection report listing any conditions which are not in compliance with the requirements of this code and all other ordinances. Within sixty (60) days after the inspection report is issued, the owner shall remedy the deficiencies listed in the inspection report. The code official may extend the period to remedy the deficiencies. Any such extension shall not exceed thirty (30) days and for interior building condition violations only, the code official may grant additional extensions, provided the total amount of all extensions does not exceed one hundred twenty (120) days. Any failure or refusal by the owner to permit the code official to inspect the building and premises shall terminate the enrollment.
(CHAPTER 2 DEFINITIONS)
(SECTION 201 GENERAL)
201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Residential Code, International Zoning Code, NFPA 70, or in other codes adopted in Titles IV and V, Ordinances of St. Charles County, Missouri, such terms shall have the meanings ascribed to them as stated in those codes.
201.5 Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building," "manufactured home," "mobile home," "modular home," "recreational vehicle," "rooming house," "rooming unit," "housekeeping unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof."
(SECTION 202 GENERAL DEFINITIONS)
ACTION PLAN. A written plan that identifies the maintenances that are needed, the timeline needed for maintenances, alternative methods of compliance, and the projected finish date of those maintenances.
CONDEMN. To adjudge uninhabitable/unusable.
DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. This term is intended to include, but not be limited to, mobile, manufactured, and modular homes.
MOTOR VEHICLE. Any machine designed for self-propulsion, usually to transport people, cargo, or both.
NOXIOUS WEED. Any plant currently listed on the Missouri Department of Agriculture's noxious weed list for its ability to cause economic harm and its high level of difficulty in controlling or eradicating.
RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. This term shall also include indoor furnishings and fixtures such as indoor furniture, appliances, lighting fixtures, mattresses, refrigerators, washers, dryers, and water softeners, when left on exterior premises. Rubbish does not include the storage of furniture, cooking equipment, heaters, firewood, fire pits, and other items designed to be kept outside of a residential building if kept in a manner that does not create a risk to the health or safety of the public or constitute a public nuisance.
STAGNANT WATER. Any water standing for seventy-two (72) hours or more in the absence of any precipitation.
TRAILER. An unpowered vehicle towed by a motor vehicle.
UNINHABITABLE/UNUSABLE. To adjudge unsafe or unfit for occupancy or use.
UNLICENSED VEHICLE. A vehicle that is not legally authorized to operate on public roads because it lacks valid registration or does not display valid license plates as required by state law or by other applicable law in the case of vehicles registered and licensed outside the State of Missouri.
VACANT BUILDING. Any residential or non-residential building, or any part thereof, which is not occupied and has not been occupied for at least the preceding ninety (90) days by a person who has a legal right to be on the premises. A property shall not be considered vacant which is being currently marketed by a licensed real estate professional hired by the former or current occupant of the property and to which water service has not been shut-off.
(CHAPTER 3 GENERAL REQUIREMENTS)
(SECTION 302 EXTERIOR PROPERTY AREAS)
302.4 Weeds. All developed premises or exterior property shall be maintained free from weeds or plant growth in excess of ten (10) inches. For purposes of this provision, premises or exterior property are "developed" if improved with any structure or if used for outdoor storage of materials or if within a platted subdivision. For purposes of this provision, premises or exterior property includes any public or private right-of-way, so that it shall be the duty of all property owners to maintain premises or exterior property up to the curb or edge of pavement. However, the code official may waive the height requirements set out above for any premises or exterior property or part thereof unless doing so would adversely affect health or safety. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, but not trees or shrubs, or agricultural crops, or gardens in the rear yard, or cultivated flowers. Upon failure of the owner or agent having charge of a property to comply with a correction order in a notice of violation of this Section, that owner or agent shall be subject to prosecution in accordance with Section 109.3, above, and the code official may cause the violation to be abated as provided in Section 500.510, Ordinances of St. Charles County, Missouri.
302.8 Motor vehicles and trailers. Except as otherwise provided in this Subsection, no motor vehicle or trailer may be parked, kept or stored on any premises, if such motor vehicle or trailer is unlicensed, or unregistered, or in a state of disassembly or disrepair, or in the process of being stripped or dismantled. After issuance of a notice of violation of any provision of this Section, such violation may be deemed a continuing violation upon recurrence of that same violation. Further, any motor vehicle or trailer parked in violation of this Section, if it is subject to the licensing and registration requirements of Chapter 301, RSMo., may be subject to towing under Chapter 304, RSMo., as amended, or under the Vehicle Removal Code of St. Charles County, Section 500.540, OSCCMo.
302.10 Outdoor Storage. Outdoor storage on any lot or tract that is used for residential purposes shall be restricted to (a) firewood stacked and stored for personal use on the same lot or tract, (b) composting of residential yard waste in compliance with Section 240.1401, Ordinances of St. Charles County, Missouri (Solid Waste Management Code), and (c) other items incidental to residential occupancy such as mulch, building materials, or landscaping materials, that are used for on-premises improvement projects related to such uses. Storage of such other items shall be limited to not more than ninety (90) days, or where there is an active building permit to complete such projects.
Exception: Outdoor storage on land categorized as agricultural and meeting an exception in Section 101.2 shall be permitted for farm equipment, farm implements, materials used in agriculture and fencing.
(SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS)
303.1 Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition and in good repair. All swimming pools shall be operated and maintained in accordance with the Swimming Pool and Spa Code of St. Charles County, Section 500.420, Ordinances of St. Charles County, Missouri, and/or the Aquatic and Recreational Facilities Code of St. Charles County, Chapter 233, Ordinances of St. Charles County, Missouri, as applicable. All swimming pools shall be maintained to prevent the accumulation of stagnant water. If a swimming pool is equipped with a safety cover, that cover must be maintained, and property placed to prevent the accumulation of stagnant water thereon.
303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than twenty-four (24) inches (610 mm) in depth shall be completely surrounded by a fence or barrier not less than forty-eight inches (1,219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than fifty-four (54) inches (1,372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six (6) inches (152 mm) from the gatepost. An existing pool enclosure shall not be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
Exceptions:
1.
Spas or hot tubs with a safety cover that complies with ASTM F1346 shall be exempt from the provisions of this section.
2.
Private swimming pools equipped with a power safety cover that complies with ASTM F1346 and is in working condition using the control switch.
(SECTION 304 EXTERIOR STRUCTURE)
304.2 Protective treatment. Exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition and free from organic growth. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking, fading, and chipped paint shall be eliminated, and surfaces repainted. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
304.14 Insect screens. During the period from January 1 to December 31, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
304.20 Skirting. Every manufactured and mobile home shall have skirting around the entire structure. Skirting shall be made of weather-resistant material and be maintained in good condition.
(SECTION 308 RUBBISH AND GARBAGE)
308.1 Accumulation of rubbish or garbage. Exterior property and premises and the interior of every structure shall be free from any accumulation of rubbish or garbage. No rubbish or garbage may be collected, stored, or sorted on or within any vehicle or container other than a container designed or constructed for such use.
308.1.1 Abatement by the code official. Upon failure of the owner or agent having charge of a property to comply with a correction order in a notice of violation of this Section, that owner or agent shall be subject to prosecution in accordance with Section 109.3, above, and the code official may cause the violation to be abated as provided in Section 500.510, Ordinances of St. Charles County, Missouri.
308.1.2 Salvage. If the code official causes the removal of accumulated rubbish or garbage pursuant to Section 308.1.1, the County is authorized to sell salvage and valuable materials and apply sales proceeds as provided by Section 113.4 of this Code.
(SECTION 310 ACCESSIBILITY)
310.1 General. A facility that is required to be accessible shall be maintained accessible during occupancy.
310.1.1 Maintenance. The accessible features of a facility shall be maintained in good repair, in a clean, structurally sound and sanitary condition, and free from impediments to accessibility.
(SECTION 311 STORM SHELTERS)
311.1 General. Community storm shelters shall be evaluated, maintained and repaired in accordance with this section and ICC 500.
311.2 Evaluation. Community storm shelters shall be evaluated annually and when requested by the authority having jurisdiction in accordance with ICC 500.
311.3 Maintenance and repairs. Community storm shelters shall be maintained in an operable condition. All structural and operational elements shall be repaired or replaced in accordance with ICC 500 where damaged or found to be inoperable.
(CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS)
(SECTION 602 HEATING FACILITIES)
602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from January 1 to December 31 to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.
Exceptions:
1.
When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the Plumbing Code of St. Charles County.
2.
In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained.
602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from January 1 to December 31 to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied.
Exceptions:
1.
Processing, storage and operation areas that require cooling or special temperature conditions.
2.
Areas in which persons are primarily engaged in vigorous physical activities.
604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70. Dwelling units shall be served by a minimum three-wire, 120/240 volt, single-phase electrical service having a minimum rating of 60 amperes.
(CHAPTER 7 FIRE SAFETY REQUIREMENTS)
(SECTION 704 FIRE PROTECTION SYSTEMS)
704.6 Single- and multiple-station smoke alarms. Single- and multiple-station smoke alarms shall be installed in existing Group I-1, R occupancies, and one- and two-family dwellings in accordance with Sections 704.6.1 through 704.6.3.
704.6.1 Where required. Existing Group I-1 and R occupancies shall be provided with single-station smoke alarms in accordance with Sections 704.6.1.1 through 704.6.1.4. One- and two-family dwellings shall be provided with smoke alarms in accordance with Section 704.6.1.5. Interconnection and power sources shall be in accordance with Sections 704.6.2 and 704.6.3.
704.6.1.5 One- and two-family dwellings. Smoke alarms shall be installed in all of the following locations:
1.
In each sleeping room.
2.
Outside each separate sleeping area in the immediate vicinity of the bedrooms.
3.
On each additional story of the dwelling, including basements and habitable attics and not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.
4.
Not less than three (3) feet (914 mm) horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would prevent placement of a smoke alarm required by this Section.
5.
In the hallway and in the room open to the hallway in dwelling units where the ceiling height of a room open to a hallway serving bedrooms exceeds that of the hallway by twenty-four (24) inches (610 mm) or more.
(SECTION 705 CARBON MONOXIDE ALARMS AND DETECTION)
705.1 General. Carbon monoxide alarms shall be installed in dwellings in accordance with Section 1103.9 of the Fire Code of St. Charles County, except that alarms in dwellings covered by the Residential Code of St. Charles County shall be installed in accordance with Section R315 of that code for new dwellings. However, in one- and two-family dwellings interconnection is not required, and the power source is permitted to be solely battery operated in buildings that are not undergoing alterations, repairs, or construction of any kind.
[Ord. No. 10-040 §2, 6-2-2010; Ord. No. 15-097 §2, 9-28-2015; Ord. No. 16-077 §1, 10-11-2016; Ord. No. 25-084, 12-15-2025]
Where the code official is authorized by the Property Maintenance Code of St. Charles County to abate a violation of that code, the code official my do so as provided herein.
A. 
Non-Emergency Abatement Responsibilities Of Code Official. In the absence of an emergency, the code official shall employ the following procedure:
1. 
Notice Of Order To Abate And Of Hearing. The code official shall service a notice of the violation to be abated on the owners of the property and on any other person responsible for it. That notice shall order a hearing by the code official in at least four (4) calendar days and shall order the abatement of the violation by the time of the hearing.
2. 
Failure To Abate, Hearing, Declaration Of Nuisance And Further Order To Abate. If the violation is not abated by the time of the hearing, the code official may find and declare the violation a nuisance at that hearing and order the violation abated within two (2) working days.
3. 
Failure To Abate And Abatement By Code Official. If the violation is not abated within two (2) working days, the code official shall have that violation abated at public expense and certify the costs thereof and of all necessary inspections and administrative proceedings and record keeping to the St. Charles County Director of Finance.
B. 
Emergency Abatement Responsibilities Of Code Official. In an emergency, where the code official abates a violation as authorized in such cases by the Property Maintenance Code of St. Charles County, the code official shall employ the following procedure:
1. 
Notice Of Emergency Abatement And Of Hearing: The code official shall serve a notice of the violation abated by the code official pursuant to the Property Maintenance Code, including a declaration that the violation is an emergency, the grounds for that declaration, and a statement of the costs of abating that violation, upon the owners of the property and on any other person responsible for it. That notice may be served personally, or by first class mail, postage prepaid, or by posting on the property. That notice shall order a hearing by the code official in at least four (4) calendar days.
2. 
Hearing And Final Order. At the hearing of the code official may confirm, modify, or withdraw any element of the foregoing notice, shall enter a final order reflecting those determinations, and shall certify any confirmed costs of abatement and, if there are any such costs, the costs, the costs of any and of all necessary inspections and administrative proceedings and record keeping of the St. Charles County Director of Finance.
C. 
The code official shall be present during the abatement pursuant to the Section. Any and all items removed from the property during an abatement shall be photographically recorded by the code official.
D. 
Imposition Of Lien After Abatement By Code Official Responsibilities Of Director Of Finance. The St. Charles County Director of Finance shall prepare and issue to the owners of the property in violation a special tax bill against the property for those costs, payable within thirty (30) days of issuance. Each such special tax bill shall include a notice of lien stating that if the bill is not paid when due. It shall become, from the date of its issuance, a 1st lien on the property until paid, to be collected by the St. Charles County Collector of Revenue in the same way as property taxes are collected. Each such special tax bill shall be prima facie evidence of their recitals therein and of its validity, and no mere clerical error or informality in the tax bill or the proceedings leading up to its issuance shall be a defense thereto. The St. Charles County Director of Finance shall deliver each such special tax bill that remains unpaid after payment is due to the St. Charles County Collector of Revenue on or before the 1st day of June of each year, to be collected with property taxes as provided above.
E. 
Appeal. An aggrieved party may appeal from an order of the code official is provided by Chapter 536, RSMo.
[Ord. No. 10-040 §2, 6-2-2010; Ord. No. 11-044 §1, 6-14-2011; Ord. No. 15-097 §3, 9-28-2015; Ord. No. 16-054 §11, 7-25-2016; Ord. No. 19-035, 5-13-2019; Ord. No. 25-084, 12-15-2025]
A. 
Notice Of Unsafe Structure. If an unsafe condition as defined by the Property Maintenance Code of St. Charles County is found in a building or structure, the code official shall prepare and issue a Notice of Unsafe Structure. For purposes of this Section, an unsafe condition may also include:
1. 
Failure to repair or demolish any structure that is damaged by fire or by flood within three (3) months of such damage; or
2. 
Failure to repair or demolish any structure having issued a notice of violation and deemed uninhabitable pursuant to the Property Maintenance Code of St. Charles County within three (3) months of the date of such notice.
B. 
Identification Of Defects. The notice shall list defects in the structure or building that constitute unsafe conditions and declare that structure or building a public nuisance.
1. 
The notice shall also order the structure or building vacated by the 15th day following service of the notice. However, if the code official determines that an imminent dangerous condition exists, the notice shall also order that the structure or building be vacated forthwith pursuant to Section 109.1 of the Property Maintenance Code of St. Charles County and that the building or structure be boarded up within twelve (12) hours of service of the notice.
2. 
In addition, the notice shall order that substantial work on repairs must begin or (if repairs would be unreasonable) that demolition must be completed by no later than the 30th day following service of the notice.
C. 
Form Of Notice. The notice shall be in substantially in the following form:
ST. CHARLES COUNTY DIVISION OF BUILDING AND CODE ENFORCEMENT: NOTICE OF UNSAFE STRUCTURE, DECLARATION OF PUBLIC NUISANCE AND ORDER
Unsafe Structure:
(insert address or other adequate description of building or structure)
Serve:
(insert names of owner, occupant, lessee, mortgage, agent and all other persons having an interest in the structure or building according to the land records of the St. Charles County Recorder of Deeds)
Notice of Unsafe Structure, Declaration of Public Nuisance, and Order:
(complete paragraphs 1, 2 and either 3A or 3B)
1. THE STRUCTURE OR BUILDING IDENTIFIED ABOVE IS UNSAFE AND IS HEREBY DECLARED A PUBLIC NUISANCE BECAUSE OF THE FOLLOWING DEFECTS:
2. NO PERSON MAY OCCUPY THIS STRUCTURE OR BUILDING, OR ANY PART THEREOF, AFTER THE THIRTIETH (15TH) DAY FOLLOWING SERVICE OF THIS NOTICE. After such date, no person shall occupy, enter, refuse to leave, or remain in this structure or building or any part thereof, except persons directly employed in securing, repairing or removing such building.
3A. THIS STRUCTURE OR BUILDING MUST BE REPAIRED TO CURE THE DEFECTS LISTED IN PARAGRAPH 1 ABOVE. WORK MUST BEGIN BY THE THIRTIETH (30TH) DAY FOLLOWING SERVICE OF THIS NOTICE AND PROCEED CONTINUOUSLY WITHOUT UNCESSARY DELAY TO COMPLETION. This order may be obeyed by demolition and removal of this structure. Upon failure to repair as herein required, the code official may, after hearing, order repairs to be made and the cost thereof charged to the owner of this property as a special tax lien.
3B. THIS STRUCTURE MUST BE DEMOLISHED AND REMOVED FROM THE PREMISES BY THE THIRTIETH (30TH) DAY FOLLOWING SERVICE OF THIS NOTICE. If the structure is not demolished and removed by that date, the code official may, after hearing, order the same done and the cost assessed against the property as a special tax lien. This demolition order is mandatory. However, it may be converted into a repair order, provided that plans and bids satisfying the requirements of Subsection 500.520(G) and, if applicable, Subsection 500.520(H) below be presented to the St. Charles County Division of Building and Code Enforcement within thirty (30) days of the service of this notice.
D. 
Posting Of Notice. A copy of the Notice of Unsafe Structure and Declaration of Public Nuisance shall be posted in a prominent place on the premises.
E. 
Method Of Service Of Notice. The Notice of Unsafe Structure shall be recorded at the office of the St. Charles County Recorder and shall be served on all affected parties, namely owners, occupants, lessees, mortgagees, agents and all other persons having an interest in the unsafe building or structure as shown by the land records of the St. Charles County Recorder of Deeds. This notice may be served personally or by first class mail, postage prepaid, or if service cannot be had by either of these modes of service, then by at least one (1) publication in a newspaper of general circulation in St. Charles County.
F. 
Restoration. An unsafe structure may be restored to safe condition solely as authorized by the Building or Residential Code of St. Charles County.
G. 
Unreasonable Repairs General Provision. As provided in the Building or Residential Code of St. Charles County and subject to Section 500.520(H), below, the code official shall presume that a structure or building may not be repaired if the code official determines that the cost of repairs would exceed seventy-five percent (75%) of the current assessed value of the unsafe structure or building as determined by the St. Charles County Assessor's most recent assessment. To rebut this determination, a property owner, within thirty (30) days of the service of a Notice of Unsafe Structure, must be present to the code official who issued the notice three (3) signed bids from outside contractors.
H. 
Unreasonable Repairs Special Provision for Unsafe Buildings or Structures in Floodway, Floodway Fringe or Density Floodway Zoning Districts as Defined by St. Charles County Zoning Regulations. With respect to unsafe structures or building in Floodway, Floodway Fringe or Density Floodway zoning districts as defined in Article XI, Section 405.245 et seq., of the Unified Development Ordinance of St. Charles County, Missouri, the code official shall apply the non-conforming use provision specifically applicable in such zoning districts.
I. 
Failure to Comply with Repair or Demolition Order in Notice of Unsafe Structure Notice of Hearing Service. If the affected parties fail to commence work on repairs or complete demolition within the time stated in the notice of unsafe structure, or if the affected parties fail to proceed continuously with the work without unnecessary delay, the code official shall call a hearing upon the matter, giving the affected parties twenty-one (21) days' written notice of the hearing, said notice of hearing may be served personally or first-class mail, postage prepaid, or if service cannot be had by either of these modes of service, then by at least one (1) publication in a newspaper of general circulation.
J. 
Conduct of Hearing. The code official shall conduct a full and adequate hearing. Any affected party may be represented by counsel and all affected parties shall have an opportunity to be heard. Upon hearing the parties, the code official may find and conclude that the structure to be demolished is not unsafe and need not be demolished or repaired, or that the structure is unsafe and must be demolished or repaired, in which case the code official may order demolition or repair by the County as provided in Subsection (K) below or may institute legal action in a court of competent jurisdiction to compel demolition or repair.
K. 
Cost of Repair of Demolition to be Recovered by Tax Lien. If the code official issues an order whereby the building or structure is demolished, secured or repaired at St. Charles County's expense, the cost of performance shall be certified to St. Charles County's Finance Officer who shall cause a special tax bill or assessment therefore against the property to be prepared and collected by the County Collector. 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.
L. 
Salvage Materials. If the code official orders a building or structure demolished at the County's expense, the County is authorized to sell salvage and valuable materials and apply sales proceeds as provided by the Property Maintenance Code of St. Charles County.
M. 
Appeal. Affected parties may appeal from the determination of the code official as provided by Chapter 536, RSMo.
[Ord. No. 11-121 §1, 12-29-2011; Ord. No. 13-023 §1, 3-28-2013; Ord. No. 16-054 §11, 7-25-2016; Ord. No. 25-084, 12-15-2025]
A. 
Title. This Section is entitled and may be known as "Levels of Contamination Due to Production of Methamphetamine and Protocols for Abating Such Contamination."
B. 
Purpose. The purpose of this Section are:
1. 
To adopt standards for identifying dangerous levels of toxic chemicals and residue associated with the production of methamphetamine; and
2. 
To establish protocols whereby the St. Charles County Department of Community Development may cooperate with and rely on the Drug Task Force when applying the Property Maintenance Code of St. Charles County to order or cause the abatement of contamination in structures due to the production of methamphetamine.
C. 
Definitions. For purposes of this Section, the words or terms listed below are defined as follows:
DEPARTMENT
The St. Charles County Department of Community Development.
DRUG TASK FORCE
The St. Charles County Regional Task Force, a multi-jurisdictional enforcement group or MEG established by intergovernmental agreements between St. Charles County and municipalities of O'Fallon, St. Peters, Wentzville, Lake Saint Louis and St. Charles pursuant to the Intergovernmental Drug Laws Enforcement Act, Sections 195.501 to 195.511, RSMo., as amended.
METHAMPHETAMINE.
Dextro methamphetamine, levo methamphetamine, and unidentified isomers of the same, any racemic mixture of dextro/levo methamphetamine, or any mixture of unidentified isomers of methamphetamine. The term includes derivatives conjugates, oxides and reduced forms of the basic structure associated with the formation of methamphetamine. For the purposes of this protocol, this term includes amphetamine, ephedrine and pseudoephedrine.
QUALIFIED COMPANY OR QUALIFIED CONTRACTOR.
A company or contractor that tests structures for the presence of unsafe contamination and/or abates such unsafe contamination and that:
1. 
Complies with the guidelines of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine and Fentanyl Laboratory Cleanup (August 2021);
2. 
Complies with the regulations of the Occupational Safety and Health Administration of the United States Department of Labor relating to hazardous waste operations and emergency response, including 29 Code of Federal Regulations Section 1910.120;
3. 
Requires that at least one (1) employee or supervisor assigned to and on duty at any work site shall have completed the forty (40) hour Hazardous Waste Operations and Emergency Response (HASWOPER) training [Occupational Safety and Health Administration (OSHA) 29 CFR 1910];
4. 
Requires its personnel to complete a clandestine drug lab assessment and decontamination course offered by a sponsor acceptable to the Drug Task Force and/or Department;
5. 
Neither employs nor is managed or owned by any person who has either been convicted of any crime involving the production, possession, use, or distribution of methamphetamine, or is currently being prosecuted for any crime involving the production, possession, use, or distribution of methamphetamine; and
6. 
Is not engaged to test or decontaminate a structure in which it or any of its owners, managers or personnel has an interest.
UNSAFE CONTAMINATION.
The presence of chemicals in a structure at levels exceeding the levels for such chemicals as provided in Subsection (D), below.
D. 
A structure will be considered unsafe for purposes of the Property Maintenance Code of St. Charles County if it is found to contain any of the chemicals listed below at exposure limits above the levels listed below established by the National Institute for Occupational Safety and Health.
1. 
Red Phosphorous - any amount.
2. 
Iodine Crystals C 0.1 ppm (1 mg/m3).
3. 
Sulfuric Acid TWA 1 mg/m3.
4. 
Hydrogen Chloride C 5 ppm (7 mg/m3).
5. 
Hydrochloric Acid (HCl gas) - C 5 ppm (7 mg/m3).
6. 
Methamphetamine - in concentration equal to or greater than 1.5 µg/100 cm2.
7. 
Lead and Mercury - If it is determined that the phenyl-2-propanone (P2P) method of methamphetamine manufacturing was used, surface levels for lead in excess of 20 µg/ft2 and vapor samples for Mercury in excess of 50 ng/m3.
E. 
Closure and Abatement Orders Upon Report and Investigation by Drug Task Force.
1. 
When the Drug Task Force reports to the Department that a structure in unincorporated St. Charles County, or in a municipality that has contracted for enforcement of the Property Maintenance Code with St. Charles County, has been used for the use or production of methamphetamine or as a storage facility for chemicals used in the manufacturing of methamphetamine, the Department may order that structure closed pursuant to the Property Maintenance Code of St. Charles County. The Department shall rescind such an order if either the Drug Task Force or a qualified company or contractor engaged by the structure's owner to perform sampling and testing under Subsection (F)(3) below later reports that after testing and investigation it has not found unsafe contamination in that structure.
2. 
When the Drug Task Force reports to the Department that a structure in unincorporated St. Charles County, or in a municipality that has contracted for enforcement of the Property Maintenance Code with St. Charles County, contains unsafe contamination as identified in the preceding Subsection, the Department shall order that structure closed pursuant to the Property Maintenance Code of St. Charles County.
F. 
Supplementary Notice and Instructions.
1. 
While closure and abatement orders pursuant to the Property Maintenance Code of St. Charles County may be posted, the Department shall also attempt to contact the owner of record of the affected property, or the owner's agent, as provided by the Property Maintenance Code of St. Charles County.
2. 
Such notice shall direct the owner to contact the Department's Division of Building and Code Enforcement within twenty (20) calendar days to identify a qualified contractor or company engaged to decontaminate the structure and establish a schedule for decontaminating the structure, and further advise the owner that failure to contact the Department within that time specified may result in the Department's request to disconnect electric service in order to ensure that the structure is not occupied until it is decontaminated.
3. 
Such notice shall also inform the owner that if the owner contacts the Department within the time specified in the notice, the owner may request to have the structure retested, but such retesting must be performed as follows:
a. 
The owner must employ the services of a qualified company or contractor to perform sampling and to analyze the samples.
b. 
An inspector for the County must be present when the qualified company or contractor takes samples and the owner shall pay an inspection fee of forty dollars ($40.00), payment of which must be made prior to the appointment for taking samples.
c. 
Sampling and testing shall be performed in accordance with the appropriate Sections of the U.S. Environmental Agency Voluntary Guidelines for Methamphetamine and Fentanyl Laboratory Cleanup (August 2021).
d. 
The qualified company or contractor engaged by the owners must report the results of its analysis of the samples taken to the Department.
e. 
Such retesting shall not be allowed after any party has attempted to decontaminate the structure by any means without complying with the Subsection (F)(2) above.
G. 
Decontamination.
1. 
If testing confirms the presence of unsafe contamination in a structure, the owner shall hire a qualified contractor or company to decontaminate the structure and will advise the Department of the schedule for decontamination.
2. 
The schedule for work and evidence that the qualified contractor or company meets the requirements of this Section must be submitted for approval to the Department within twenty (20) calendar days of the receipt of the notice. Approval will be based solely on the timeliness of the schedule and the qualifications of the contractor. Approval or rejection of the schedule will be provided within a reasonable time of submission. If rejected, the owner will be informed, in writing, of specific reasons for the rejection and will be required to amend the schedule or the proposed qualified contractor or company. Decontamination shall be preformed in accordance with the appropriate Sections of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine and Fentanyl Laboratory Cleanup (August 2021).
3. 
If the owner of property determined to have unsafe contamination fails to voluntarily abate that contamination, the Department may serve a Notice of Violation and proceed in accordance with Section 500.520, Ordinances of St. Charles County, Missouri. The Department may request disconnection of the electrical service until the decontamination is complete.
4. 
Post Decontamination Sampling. Following the completion of the work the owner shall notify the Department that work is complete, and the owner must provide written test results as evidence that the property is compliant with this regulation. The post remediation sampling and testing must be performed by a qualified contractor or company other than an independent of the contractor or company that performed the decontamination, and that sampling and testing must be done in accordance with the appropriate Sections of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine and Fentanyl Laboratory Cleanup (August 2021).
[Ord. No. 07-178 §1, 12-27-2007; Ord. No. 16-054 §11, 7-25-2016; Ord. No. 25-084, 12-15-2025]
A. 
Title. This section shall be known and may be cited as the "Vehicle Removal Code."
B. 
Scope And Effect. This Vehicle Removal Code applies to vehicles on private property that violate the Property Maintenance Code of St. Charles County, Section 500.500, OSCCMo. This Vehicle Removal Code does not alter or affect rights and duties that relate to the towing of abandoned vehicles which Chapter 304, RSMo., as amended, vests in St. Charles County, or in the St. Charles County Chief of Police, in any other agency of law enforcement, or, finally, in any owners of private property on which vehicles belonging to others may be abandoned.
C. 
Authority To Declare Nuisance And Order Removal. The code official may declare a motor vehicle or trailer, if parked on private property in violation of Section 302.8 of the Property Maintenance Code of St. Charles County, to be a nuisance and order the removal of that motor vehicle or trailer.
D. 
Responsibility For Removal. Upon proper notice of such declaration and order, and if an opportunity to be heard is given, the owner of the motor vehicle or trailer and the owner and occupant (if other than the owner) of the real property whereon the motor vehicle or trailer is situated shall be jointly and individually liable for the removal of that motor vehicle or trailer. In the event of removal or disposition or both by the County, the owner of the motor vehicle or trailer and the owner or occupant of the private property where the same is located shall be jointly and individually liable for the expenses occurred.
E. 
Notice Of Procedure.
1. 
The code official shall give notice of the declaration and order authorized by Subsection (C), above, to the owner of the motor vehicle or trailer, if ascertainable, and to the owner or occupant of the private property where it is located. Such notice shall be given at least seven (7) days before the time set for compliance and shall also schedule a hearing on the same day as the date of the compliance in the event any party seeks to be heard rather than comply with the order. Any request for an alternate date, which may be no later than three (3) days thereafter as provided by the notice, must be:
a. 
Filed with the code official no later than three (3) days prior to the time set for compliance; and
b. 
Filed on a form developed for that purpose by the code official and served with the above-mentioned notice; and
c. 
Served on all parties to whom the above-mentioned notice was addressed.
2. 
It shall constitute sufficient notice for a copy of the declaration and order:
a. 
To be left at the residence of the occupant, if any, of the private property on which the motor vehicle or trailer is located;
b. 
To be placed on the motor vehicle or trailer; and
c. 
To be sent by first class mail, postage prepaid, to the owner of the motor vehicle or trailer, if ascertainable; and
d. 
To be sent by first class mail, postage prepaid, to the owner of the private property at the owner's last known address according to the records of St. Charles County.
3. 
The declaration and order shall provide the following information:
a. 
Cite the violation of the Property Maintenance Code of St. Charles County;
b. 
Declare that violation to be a nuisance;
c. 
Order the removal of the motor vehicle or trailer within the seven (7) day period;
d. 
State that there is a right to a hearing, set a date for such hearing no sooner than the end of the seven (7) day period mentioned above, and provide notice that any time prior to the scheduled hearing date, any party may file with the code official and serve on all other parties a written request for an alternate hearing date, which code official shall schedule forthwith, with notice to all parties; and
e. 
Advise that upon failure to comply with the order to remove, the County shall undertake such removal with the cost of removal to be levied against the owner or occupant of the real property upon which the vehicle is situated, or the owner of the vehicle.
F. 
Removal Of Motor Vehicle Or Trailer From Private Property.
1. 
The code official, including the St. Charles County Chief of Police or his/her designee, shall have the right to enter upon private property to take possession of the motor vehicle or trailer and remove it from the premises if the violation has not been remedied within the seven (7) day compliance period, subject to the following provisions:
a. 
The timely request for an alternate hearing date shall stay the compliance period until such time as the code official has entered a decision and for such additional period of time as shall be allotted by the code official if abatement is ordered.
b. 
The code official or the St. Charles County Chief of Police or his/her designee shall not enter upon private property dedicated to residential use without the consent of its residential occupant(s) or a duly issued warrant from a court of competent jurisdiction.
2. 
It shall be unlawful for any person to interfere with, hinder or refuse to allow the code official or the St. Charles County Chief of Police or his/her designee to enter upon private property for the purpose of removing a motor vehicle or trailer in accordance with this Vehicle Removal Code.
3. 
Within seventy-two (72) hours of the removal of a motor vehicle or trailer from private property, the code official or the St. Charles County Chief of Police of his/her designee shall give notice to the Director of Revenue of the State of Missouri, the registered owner of the motor vehicle or trailer, if ascertainable, and to the owner and occupant, if any, of the private property from which the motor vehicle or trailer was removed, and that said motor vehicle or trailer has been impounded and stored for violation of the Property Maintenance Code of St. Charles County. The notice shall describe the motor vehicle or trailer, give the location where it is stored, state that its owner or the owner or occupant (if any) of the property from which it was removed will be charged with the cost of removal and storage.
G. 
Procedure For Hearing.
1. 
A public hearing shall be conducted before the code official. Formal rules of evidence shall not apply; however, the parties shall have the right to present evidence, confront and cross-examine witnesses, and receive a written decision based upon the facts adduced at the hearing.
2. 
The public hearing held by the code official is to determine whether there are reasonable grounds to believe that the motor vehicle or trailer ordered to be towed violated the Property Maintenance Code of St. Charles County.
3. 
If after the code official is satisfied that there are reasonable grounds to believe that such a violation exists, the code official shall order the vehicles removal. The code official may impose such conditions and take such other action as deemed appropriate under the circumstances to carry out the purpose of this Code and may delay the time for the removal of the motor vehicle or trailer if, in the code official's opinion, the circumstances justify it. In the alternative, the code official shall enter an order allowing such vehicle to remain if he or she finds no violation or nuisance. The costs of removal, storage and advertising expenses, if any, shall be charged against the County or the owner of the vehicle or private property as deemed appropriate by the code official.
H. 
Method Of Removal And Disposition Of Motor Vehicles, Trailers And Property.
1. 
If a motor vehicle or trailer declared to be a nuisance or ordered removed is not timely removed or if that declaration and order is not rescinded after hearing pursuant to this Vehicle Removal Code, the code official shall notify the St. Charles County Chief of Police to remove or cause to be removed any motor vehicle or trailer. Upon receiving that notification, the St. Charles County Chief of Police or his/her designee may remove or cause to be removed any motor vehicle or trailer in accordance with the provisions of this Vehicle Removal Code by requesting such services of a service station, towing operator, salvage dealer or motor vehicle repair shop under contract with St. Charles County for towing services. Such vehicles or trailers shall be placed in a garage, towing service facility, auto repair shop or other place designated or maintained by the St. Charles County Chief of Police.
2. 
Neither the code official nor the St. Charles County Chief of Police, nor any of their designees, nor, finally, anyone having custody of a motor vehicle or trailer towed pursuant to this Vehicle Removal Code shall be liable for any damage to such motor vehicle or trailer occasioned by its removal other than damages occasioned by gross negligence or by willful or wanton acts or commissions, except as provided by Section 304.154, RSMo., as amended.
3. 
The owner of a motor vehicle or trailer removed pursuant to this Section shall be responsible for payment of all reasonable charges for towing and storage of such motor vehicle or trailer, except that if it has been reported as stolen or taken without the consent of the owner, the owner shall be responsible only for its storage for any consent of the owner, the owner shall be responsible only for its storage for any period after five (5) business days after receiving the notice of removal provided by the Missouri Director of Revenue pursuant to Section 304.155 RSMo., as amended.
4. 
Upon towing of any vehicle under this Section, the Police Department shall make an inquiry with the National Crime Information Center and any statewide Missouri law enforcement computer system to determine if the vehicle has been reported as stolen. The Police Department shall submit a report to the Missouri Director of Revenue within five (5) working days of the towing of the vehicle. Such report shall include the following:
a. 
The year, model, make and vehicle identification number of the motor vehicle or trailer;
b. 
A description of any damage to the motor vehicle or trailer noted by the Law Enforcement Officer;
c. 
The license number;
d. 
The storage location of the towed motor vehicle or trailer;
e. 
The name and address of the tower;
f. 
The date of the authorization to tow the vehicle; and
g. 
The date of the inquiry of the National Crime Information Center and any statewide Missouri Law enforcement computer system to determine if the motor vehicle or trailer had been stolen.
5. 
The owner of such vehicle or the holder of a valid security interest thereon which is in default may reclaim it from the service station, towing operator, salvage dealer or motor vehicle repair shop upon proof of ownership or valid security interest which is in default and upon payment of all reasonable charges for the towing and storage of the motor vehicle or trailer.
6. 
Any person who removes a motor vehicle or trailer at the direction of the St. Charles County Chief of Police as provided in this Section shall have a lien for all reasonable charges for the towing and storage of the vehicle, until possession of the motor vehicle or trailer is voluntarily relinquishes to the owner of the motor vehicle or trailer or to the holder of a valid security interest thereon which is in default. Such lien shall be enforced in the following matter:
a. 
The lienholder in possession shall request the St. Charles County Chief of Police to make inquiry with the National Crime Information Center and any statewide Missouri law enforcement computer system to determine if the vehicle had been reported stolen and in whose name the vehicle is registered;
b. 
The lienholder in possession shall notify by registered mail, postage prepaid, the owner, if known, an any lienholders of record at their last known addresses that application for a certificate of title will be made unless the owner of lienholder of record makes satisfactory arrangements with the person holding the vehicle for payment of towing and storage within thirty (30) days of the mailing of the notice. This notice shall be supplied by the use of a form designed and provided by the Missouri Director of Revenue;
c. 
Thirty (30) days after the notification form has been mailed and the vehicle is unredeemed and no satisfactory arrangement has been made with the lienholder in possession for continued storage, the lienholder in possession may apply to the Missouri Director of Revenue for a certificate of title if the towed vehicle is titled in Missouri. The application shall be accompanied by:
(1) 
The original or a conformed or photostatic copy of the Department's written report authorizing the tow;
(2) 
An affidavit of the lienholder in possession that he or she has been in possession of the towed vehicle for thirty (30) days and that the owner has failed to make arrangements for payment of towing and storage charges;
(3) 
A copy of the receipt indicating that the owner or lienholder of record has received the notice required by Subsection (H)(6)(b) of this Section;
(4) 
An inspection certificate shall be completed by the Department on a form provided by the Missouri Department of Revenue. If the officer who authorized the tow is not available to inspect the vehicle and complete the certificate, the Department may designate another officer to inspect the vehicle and complete the form. The inspection shall be made at least thirty (30) days after the date of towing. The inspection certificate shall be dated to reflect the date of inspection;
(5) 
Any fee as provided by State Statute.
7. 
If a certificate of ownership has not been previously issued in Missouri on the towed vehicle, the lienholder in possession of the vehicle shall obtain ownership verification from the State in which the vehicle was last registered or titled, if known. If the lienholder is unable to determine the last known State of issuance of certificate of ownership or registration, he or she shall request ownership verification through any available nationwide network of vehicle records and shall notify the last owner and any lienholder of record, shall comply with Subsection (H)(6) of this Section before a certificate of ownership is issued.
8. 
Towing operators, service stations, salvage dealers, or motor vehicle repair shops who tow or store vehicles according to this Section shall keep a record for three (3) years on each vehicle towed and not reclaimed by the owner of the vehicle. Such record shall contain a copy of the Department's authorization to tow, copies of all correspondence with the Missouri Department of Revenue concerning the vehicle, and information concerning the final disposition of the possession of the vehicle.
9. 
Personal property found within a vehicle, except items affixed to the vehicle, shall be considered and treated as lost property.
10. 
Any other provision of this Chapter notwithstanding, when the Department sells an abandoned vehicle in accordance with the terms of this Chapter, the Department sells an abandoned vehicle in accordance with the terms if this Chapter, the Department may transfer ownership by means of a bill of sale signed by the County Registrar or his/her deputy and sealed with the official County Seal. Such bill of sale shall contain the make and model of the vehicle, the complete vehicle identification number and the odometer reading of the vehicle and shall be lawful proof of ownership for any dealer registered under the provisions of Section 301.218 or 301.251, RSMo., as amended, or for a junking certificate as provided in Section 301.227, RSMo., as amended.
I. 
Redemption Of Impounded Vehicles. The owner of any vehicle seized under the provisions of this Vehicle Removal Code may redeem the vehicle at any time during the normal business hours after the vehicle removal, but the prior to the sale or destruction of the vehicle upon proof of ownership and payment to the St. Charles County Chief of Police or his/her designee for the actual and reasonable expense of removal, storage and advertising expenses, if any.
[Ord. No. 07-179 §§1—2, 12-27-2007; Ord. No. 16-054 §11, 7-25-2016; Ord. No. 25-084, 12-15-2025]
A. 
Interference Prohibited. It shall be unlawful for any person to interfere with, hinder or refuse to allow the Code Official or his/her designee, or the St. Charles County Chief of Police or his/her designee, to enter upon private property for the purpose of removing a motor vehicle or trailer in accordance with a duly authorized order issued under the Vehicle Removal Code of St. Charles County, Section 500.540, OSCCMo.
B. 
Penalty. Any person violating Subsection (A) above shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than one thousand dollars ($1,000.00) and/or one (1) year's imprisonment for a term not exceeding one (1) year. Each act in violation of Subsection (A) above shall be deemed a separate offense.