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HomeMy Public PortalAboutORD07013 6S Tall successors and assigns of said Missouri Power & Light Company, i and the word "Company" wherever used in this ordinance shall includ ' and be taken to mean not only Missouri Power & Light Company, but all successors and assigns of said Missouri Power & Light Company. i� ,f PASSED THIS 19th, DAY OF DECEMBER, lvbv C. F. Whaley Isl PRESIDING OFFICER APPROVED THIS 20 DAY OF DECEMBER, 1960 C. F. Whaley /s/ MAYOR ATTEST: Henr W. Ells /s/ CITY CLERK STATE OF MISSOURI SS. �OUNTY. OF COLE 4ate. of Henry W. Ells, Clerk of the City of Jefferson, County of Cole, Missouri, do hereby certify that the foregoing is a true, orr*ect and complete copy of a franchise ordinance, duly passed by he City Council of the City of Jefferson, this 19th day of ecember, 1960, the original of which franchise ordinance is on ile in my office. do hereby certify that I am the legal custodian of all papers, contracts, documents and records of such City. rn Witness Whereof, I have hereunto set my hand and affixed the )fficial seal of said City of Jefferson, 'this 20th day of December, JL960. City Clerk ORDINANCE NO. 7013 AN ORDINANCE ESTABLISHING MINIMUM HOUSING STANDARDS FOR HABITABLE BUILDINGS, PROVIDING FOR THE MAINTENANCE OF HABITABLE BUILDINGS UP TO A MINIMUM STANDARDS, REGULATING OVERCROWDING AND PROVIDING MINIMUM STANDARDS 'OF OCCUPANCY, DEVINING THE POWERS AND DUTIES OF THE BUILDING COMMISSIONER, PROVIDING FOR APPEALS, DECLARING THE MAINTENANCE AND USE OF DWELLINGS BELOW THE MINIMUM STANDARDS A NUISANCE, AND PROVIDING PENALTIES FOR THE VIOLATION OF THE PROVISIONS THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON., MISSOURI., AS FOLLOWS: SECTION 1: Title This Ordinance shall be known and may be cited as the "Housing Code' SECTION 2: Applicability (a) Every building used in whole or in part as ahome or a residence of a single family or person, and every building used in ole or in part as a home or residence of two or more persons or families living in separate apartments shall conform to the require- of this Ordinance irrespective Of the class to which the u ding may otherwise telong and irrespective of when such building 97 jmay have been constructed, altered or repaired. This Ordinance ;,establishes minimum standards for occupancy, and does not replace !:or modify any standards otherwise established for the construction, ;;replacement or repair of buildings. (b) The provisions of this Ordinance shall not be deemed to !;modify or otherwise affect or be in substitution for any provision 'Jof any other ordinances of this city, but shall be cumulative thereto. (c) Should any section, paragraph, sentence, clause or phrase in this Ordinance be declared unconstitutional or invalid for any reason, the remainder of the ordinance shall not be affected thereb and shall remain in full force and effect, and to this end the provisions of this Ordinance are declared to be severable. SECTION 3: Definitions "Owner" shall mean any person, firm or corporation who alone or jointly or severally with others shall be in actual possession of o have charge, care of control of any dwelling or dwelling unit withi the city as owner, employee or agent of the owner or as trustee or guardian of the estate or person of the title holder, and such person shall be deemed and taken to be the owner or owners of such property within the true intent and meaning of this Ordinance, and shall be bound to comply with the provisions of this Ordinance to the same extent as the record owner, and notice to any such person of any order or decision of the Building Commissioner shall be deemed and taken to be a good and sufficient notice as if such pers n or persons were actually the record owner or owners of such propert . "Dwelling" shall maan any house or building or portion thereof which is occupied in whole or in part as a home, residence or sleeping place of one or more human beings, either permanently or transiently. "Dwelling Unit" shall mean any room or group of rooms with facilities for regular cooking and occupied by a person or family a their home and where they sleep, except buildings used strictly for commercial purposes where the occupant is the custodian of the building. l� "Habitable Building" shall mean any structure or part thereof I that shall be used as a home or place of abode by one or more persons. "Habitable Room" shall mean every room in any building in which persons sleep, eat, or carry on their usual domestic or social vocations or avocations, but shall not include private laundry, bathrooms, toilet rooms, dressing rooms, pantries, storerooms, corridors or other similar places not used by persons frequently or for extended periods. "Basement" shall mean that portion of a building which is wholly below grade or partly below and partly above grade, the ceiling in which is less than four feet, six inches above grade. "Crawl Space" shall mean the space beneath the ground floor of a dwelling or part of a dwelling under which there is no basement. "Plumbing" - all provided gas pipes and provided gas-burning �iequipment, waste pipes, water pipes, water closets, sinks, lavatori s, bathtubs, catch-basins, drains, vents and any other provided fixtur s together with the connections to the water, sewer or gas lines. �I ` is I� ! { "Public Hall" a hall, corridor or passageway not within the ) exclusive control of one family. "Substandard" - all buildings used for purposes of human habita- ition which do not conform to the minimum standards established by this Ordinance and by other ordinances. ! SECTION 4: Regulations for the Use and Occupancy of Dwellings. !� It shall be unlawful for any person to use or occupy or for aty owner or person deemed to be the owner, as herein defined, to permi,' any dwelling or dwelling unit to be used or occupied as a place fort human habitation unless the same complies with the following rules and regulations hereby promulgated, and any habitable building which shall fail to conform to the requirements set forth below shall be deemed a nuisance: f (a) Basement, Cellar or Crawl Space. The basement, cellar or crawl space of any dwelling shall be dry- and ventilated and shall II be kept free from rubbish accumulation and rodent infestation. �I (b) Heatin Every dwelling and every dwelling unit shall be so constructed, insulated and maintained that it is possible to reach an air temperature of 68 degrees Fahrenheit under ordinary minimum winter conditions. The chimney of every dwelling or dwelling unit shall be maintained in good order and repair, and the owner of heating equipment shall maintain it in good order and repair. Ei (c) Dampness. The floors, ceilings and walls of every dwell- � ing and every dwelling unit shall be kept free from excessive dampness. (d) Ventilation. Every habitable room in a dwelling or 1 dwelling unit shall contain a window or windows opening directiy to the outside air, and the total area of such window or windows shall be not less than 10% of the floor area of such room. All window sash shall be glazed and provided with suitable hardware ands shall be made to open to the extent of not less than 4% of the floo area of such room. A window is not required in an efficiency kitchen of an apartment where the kitchen is used only for the preparation cif foods and is adjacent of a dinette or alcove off the living room. An approved system of mechanical ventilation or air conditioning ma be used in lieu of openable windows. Such system shall provide not less than four air changes per hour. (e) Lighting. Every habitable room shall have an approximately central. ceiling electric outlet or at least two wall or floor outle s, or duplex outlet in wall or floor. A minimum of one foot candle of daylight or artificial illumination shall be required at all times in all public halls. i (f) Basement Dwelling Units. The use of basements for dwelling units is prohibited except where 50% or more of the unit is above grade level. {� (g) Sleeping Rooms. No room shall be used for sleeping purposes unless the ceiling height is at least 7 feet from the floor and �) there are at least 400 cubic feet of air space for each occupant j over six years of age. No room used for sleeping purposes shall have a floor area of less than 60 square feet. In sleeping rooms I, with sloping ceilings the ceiling height shall be at least 7 feet over at least 50% of the required 60 square feet floor area and only that portion of the room with a ceiling height of 7 feet or move shall be counted in computing the minimum floor area. 1{ i{ 69 (h) Overcrowding. The total area in all habitable rooms in a E jIdwelling unit shall be such as to provide at least 65 square feet ;of floor area per person, provided that there shall be at least one room in each dwelling unit which shall have a minimum floor area of 120 square feet. i (i) Water Supplies and Sinks. In every dwelling unit there sha 1 ,Ibe running water connected to the public water service and at least ;,one sink connected to the public sewer or to an approved sewerage ;disposal system, as required by the Plumbing Code. (J) Water Closet Requirements Generally-Ventilation; When Outside Privies Shall Be Removed. Every dwelling unit shall have a flush type water closet or the family occupying such dwelling shall have the exclusive use of a flush type water closet located in a nearby space within the building. Every room containing a water closet shall be provided with (proper means of art:ifically lighting it, and shall be ventilated by a window, or by a duct to the outside air. Hopper water closets and water closets outside of habitable buildings and privies are hereby declared to be a public nuisance and shall be eliminated upon notice after failure to maintain in a sanitary condition but, in any case, not later than five years afte the effective date of this chapter, or when sanitary sewers shall b made available. The place where such privies were located shall be properly filled with earth so as to meet the requirements of the Health Commissioner. (k) Plumbing. All plumbing, water closets and other plumbing fixtures in every dwelling or dwelling unit shall be maintained in good order and in accordance with the requirements of the Plumbing Code. (1) Lighting and Ventilation of Toilets and Bathrooms. Every ! toilet and every bathroom in a dwelling shall have at least one ( electric outlet in either the ceiling or wall. . (' (m) Entrances. There shall tie for each dwelling unit a separate access either to a hall way, landing, stairway or street. (n) Drainage. All courts, yards or other areas on the premises of any dwelling shall be properly graded and drained. I i (o) Garbage, Rubbish and Ash Receptacles. Every dwelling and every dwelling unit shall be provided with such receptacles as may be necessary to contain all garbage, rubbish and ashes, and all suc receptacles shall at all times be maintained in good order and repa r. Receptacles for garbage shall be made of metal, water-tight and be provided with tight covers'. �ISECTION 5: Basement Rooms Not to be Used for Habitable Purposes; liExceptions; Standards Prescribed. 11 No room in any basement in an existing building shall be used fo jhabitable purposes unless such room is being so used on the effect-i e 11date of this Ordinance and the following standards are complied wit : Ij (a) The ceiling shall be at least seven feet hid and shall be at IIleast four feet, six inches above the surface of the street or iiground outside of or adjoining the room. (b) There shall be appurtenant to such room the use of a water closet, in a water closet compartment, properly vented to the out- ' side air. it (c) Such room shall have one or more window openings of not less II than eight square feet in total area, exclusive of the sash frames,' and shall open readily for purposes of ventilation directly to the street or yard. (d) The floor shall be water-proof and damp-proof. (e) Such room shall be well drained and dry. .j SECTION 6: Dwelling Not to be Overcrowded; Conditions to Determine, Overcrowding. If any Habitable room or dwelling unit is overcrowded, the number of persons sleeping therein shall be reduced to eliminate the overcrowding. Overcrowding is determined by the following it conditions; (a) Every room used for sleeping purposes shall have at leasti sixty square feet of floor area per person. (b) The total area in all habitable rooms in a dwelling unit �{ shall be such as to provide at least sixty-five square feet of I� floor area per person, provided, that in each dwelling unit there I` shall be at least one room having a minimum floor area of 120 square feet. (c) Every habitable room shall be not less than seven feet in height from the floor to t?,ie ceiling, throughout not less than one-half of the area of such room. (d) No habitable room shall contain less than sixty square { feet of floor area, nor shall the least horizontal dimension of such room be less than seven feet. SECTION 7: Owner to Keel Dwelling in Good Repair. Every dwelling and every part thereof shall be maintained in good repair by the !{ owner or agent and fit for human habitation. The roof shall be aminatined so as not to leak; and all rain water shall be drained aid conveyed there from so as not to cause dampness in the walls or !� ceilings, or nuisance to adjacent buildings. All steps, floors, stairways, stairwells, doors, porches, windows, screens, skylights„ air shafts, mantels, chimneys, plumbing, toilets, sinks, walls, andl�� (ceilings shall be kept in good, sound, safe and usable condition. ii The floors or other surfaces beneath, and walls around water �Iclosets, sinks and other plumbing fixtures shall be maintained in good order and repair. SECTION 8: Duty of Occupant i Every dwelling, and every part thereof, including all yards, (lawns and courts, shall be kept clean and free from any accumulation of dirt, filth, rubbish, garbage, or similar matter, and shall be I� kept free from vermin or rodent infestation. It shall be the duty "6f each occupant of a dwelling unit to keep in clean condition that ! portion of the property which he occupies and over which he has h exclusive control; to comply with the rules and regulations on the 11 number of persons occupying a room; to place all garbage and refuselin proper containers; to eliminate all infestations by extermination Ij methods; and to maintain the plumbing fixtures in a sanitary condition. If receptacles are not provided by the owner, then the occupant shall provide receptacles as may be necessary to contain all warbage, rubbish, and ashes. It shall be unlawful for any person ilfully and maliciously to depositany material in any toilet, bathtub, sink, r any plumbing fixture which may result in the obstruction of any or sewer. If the occupant shall fail to keep his Y P p portion of he property clean or violate any of the provisions of this chapter; he Building Commissioner shall send a written notice to the occupant o abate such nuisance within the time specified in the notice. ( ailure of the occupant to comply with such notice shall be deemed a violation of this ordinance and a misdemeanor, and upon convistioril he occupant shall be subject to the penalties herein provided. f ;i 71 !:SECTION 9: Owner to Have Dwelling Units in Sanitaly Sanitary Condition ;Before Renting. Whenever a dwelling unit is vacated, it shall be the duty of the;; ! owner to see that such dwelling unit is in a clean, sanitary, j ,habitable condition and free from infestation before renting ushc ;dwelling unit to another occupant. Where necessary, the owner ,; ;shall renovate or paint walls and ceilings and clean, ' repair and 11.exterminate vermin in such vacated dwelling unit before offering ! it for rent. ISECTION 10: Power of Building Commissioner to Make Regulation: ! For the purpose of protecting the health, welfare and safety of (� ithe inhabitants of dwellings or dwelling units, the Building s Commissioner is hereby authorized to enforce the provisions of !� this chapter and of other ordinances of this city which regulate or ; Iset standards affecting abitable buildings, including the g 1. "Building Code" , and to make such rules and regulations as shall !! from time to time be necessary to carry out the purposes of this !ordinances; which rules and regulation shall become effective when ! filed with the City Clerk and approved by resolution of the City Council. ' SECTION 11: Power to Inspect �! The Building Commissioner and his deputies are hereby authorized�� to enter upon the premises of any habitable building for the purpos� of making inspections to determine whether the provisions of this ordinance are being complied with and are authorized to make such inspections and surveys by blocks or areas. SECTION 12: Authority to Order Correction of Deficiencies. Whenever it shall be found by the Building Commissioner that a dwelling is unfit for human habitation, or dangerous to life or �1health, by reason of want or repair, deterioration, or defects in lithe drainage, plumbing, lighting, ventilation, or the construction Hof the same, or by reason of the existence on the premises of a ffnuisance likely to cause sickness or injury among the occupants of , said dwelling, of for any other cause affecting the public health o safety, or is such' dwelling does not conform to the requirements l of this Ordinance, the Building Commissioner may issue an order to the party or parties responsible for violation of this Ordinance that the matter, condition or thing be removed, abated, suspended, ,altered or otherwise improved as his order may specify. If such order of the Building Commissioner issued under authority of the provisions of this Ordinance is not complied with within the time , specified, he may order the premises vacated by posting a notice on ! the front of the building. Such notice shall state that the order jiof the Building Commissioner was not complied with within the time Instated in said order; that the building is hereby declared unfit fo ►human occupancy, and that occupancy is prohibited after the date ;fstated therein, which date shall be not less than five days nor mor . ;! than sixty days from the date the notice is posted. A copy of such ijnotice shall be sent to the owner of the property or his agent, if jnames and addresses, on reasonable search, can be ascertained, and Tito the occupants of the dwelling. i ii A dwelling so ordered to. be vacated shall not again be occupied ,!until a written statement shall have been secured from the Building', ;Commissioner that the dwelling has been made to comply with all app is i!able city ordinances. It shall be unlawful for anyone to let, leas.,, jioccupy or permit the occupancy, whether for a consideration or not, !( iof any dwelling so posted, and any violation of this provision �! ,;shall constitute a misdemeanor within the meaning of the ordinances;{ .of this city. (; �; ii 72 ECTION 13: When Buildinp, Commissioner Shall Declare Building A uisance- If any building shall be found to be unsafe and dangerous , .o the health, safety or welfare of persons, and the cost of repair or alteration shall be deemed prohibitive by the Building Commissioner, ; :hen such building is hereby declared to be a nuisance. ECTION 14: Demolition of Building is Compliance With Notice Any wner of a building receiving notice that such building does not 6onform to this ordinance may remove or demolish such building, nd such action shall be deemed compliance. 3ECTION 15: Buildings to Be Classified; Basis of Classification; Inspections to be Made Periodically The city planning commission, with the assistance of the uilding commissioner shall classify buildings or houses or groupings iihere of employed in whole or in part for purposes of human habitati6n., ccording to their degree of depreciation or obsolenscence, or to heir condition for residential purposes. This classification shall!, e made on the basis of immediate action necessary on such buildingsi,l s required by public health and safety. This group shall make periodic inspection of such buildings and hall determine the frequency of such inspections of the several 11 , lasses. ECTION 16: Board of Building Appeals to Hear and Decide Appeals. 'i The Board of Building Appeals shall have jurisdiction under this Ordinance to hear and decide appeals where it is alleged that there i� is error in any order, requirement, decision or determination made y the Building Commissioner in the enforcement of this ordinance. e Board of Building Appeals shall consist of five residents of efferson City, appointed by the Mayor with approval of the City ii ouncil. Each member shall serve for a time of three years. The yor shall designate one of them as chairman. ij ii ECTION 17: Appeals to Be Made to Board of Building Appeals; Time f Filing; Fee; Notice and Record to Be Submitted. Appeals may be taken to the Board of Building Appeals by any erson aggrieved by any decision of the Building Commissioner in ;I ihe enforcement of this Ordinance. Such appeal shall be taken within" hirty days after the decision is rendered by filing with the uilding Commissioner a written notice of appeal specifying the rounds therefor, and by depositing with such commissioner the sum 0 en Dollars as docket fee. The Building Commissioner shall forthwith submit to the board!1a qopy of such notice of appeal together with all the papers constituting the record upon which the action appealed from is taken. . ECTION 18: Appeal to Stay Repairs; Exceptions; Copies of Inspections Be Requested. - An appeal shall stay all proceedings in furtherance of the iction appealed from, unless the Building Commissioner shall certify '; to the board, subsequent to the filing of any notice of appeal, that1i ly reason of the facts stated in the certificate, a stay would cause :' mminent peril to life or property. In such case, proceedings shall ] of be stayed otherwise than by the order of any court of competent jurisdiction. It shall be the duty of the Building Commissioner to furnish 11' e Board of Building Appeals, upon request, with copies of reports cf any or all inspections made by such officers in the matter on ippeal and to furnish such other information as may be available to it ;'them and requested by such board. f SECTION 19: Board of Building A.22eals to Fix Time and Place for Hearing; Notice. Notice. The Board of Building Appeals shall fix a time and place for the ' ;hearing of appeals. Such hearing shall be had within a reasonable ;Rime after the filing of the notice of appeal and such hearing shal 1not be less than ten days nor more than twenty days after the mailing of the notice. Notice of the time and place of hearing shall be sent by mail to the appelant or to his attorney of record. ySECTION 20: Powers of Board In exercising the powers enumerated in this ordinance the Board of Building Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determinati n as ought to be made. SECTION 21: Board to Act by Majority Vote; When Action of Board to Become Effective; Decision of Board Open to Public Inspection. The Board of Building Appeals shall act by majority vote and a quorum shall consist of at least three members. The action of the board shall not become effective until after the resolution of the board setting forth the full reason for its decision and the vote o each member participating therein has been spread upon its minutes. Such resolution, immediately following the board' s final decision, shall be filed in the office of the board and shall be open to publ c inspection. SECTION 22: Review of Decisions; Disposition of Docket Fee Any decision of the board under this chapter shall be subject to review by a writ of certiorari from any court of competent juriscition. In no case shall the appellant be liable for any expenses or costs for surveys, investigations or hearings of the board. If a decision appealed form. is affirmed, the docket fee previous y deposited by appellant shall be forfeited, and the mo*ney shall be paid into the city treasury. If the decision appealed from shall b reversed or modified, then said docket fee shall be refunded to appellant. SECTION 23: Penalties Any person violating any of the provisions of this ordinance or n , lawful order or regulation made and adopted by the Building Commissioner in pursuance thereof shall be guilty of a misdemanor and shall be subject to a fine of not less than $1.00 nor more than $100.00, and each day' s violation shall constitute a separate offense SECTION 24: Effective Lute This Ordinance shall take effect sixty days after passage and approval. Passed:- December 19 , 1960 Approved. 12/21/60 C. F. Whaley /s/ C. F. Whaley /s/ President of the Council Mayor ATTEST: II Henry W. Ells /s/ C City Clerk