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HomeMy Public PortalAboutORD07718 BILL NO. q INTRODUCED BY COUNCILMEN /1 i1 tiL "� VV/,L LC d^°''� � D ORDINANCE NO. 1711V- AN ORDINANCE ESTABLISHING MINIMUM HOUSING STANDARDS FOR HABITABLE BUILDINGS AND VACANT BUILDINGS, PROVIDING FOR MINIMUM STANDARDS OF MAINTENANCE FOR HABITABLE BUILDINGS AND VACANT BUILDINGS REGULATING OVERCROWDING AND PROVIDING MINIMUM STANDARDS OF OCCUPANCY, DE- FINING 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, AND REPEALING ORDINANCE NUMBER 7646 OF THE CITY RELATING TO THE SAME SUBJECT. 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" of the City of Jefferson, Missouri, Section 2. Applicability. (A) Every building used or intended to be used in whole or in part as a home or residence of a single family or person, and every building used or intended to be used in whole or in part as a home or residence of two or more persons or families living in separate apartments shall conform to the require- ments of this ordinance irrespective of the class to which the building may belong ~ and when such building may 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) This ordinance shall be applicable to all dwellings or dwelling units now in existence or hereinafter constructed in the city, and to all dwellings or dwelling units which become incorporated into the city because of annexation; provided that the construction of new dwellings or dwelling units and the re- modeling of existing dwellings or dwelling units in the city shall comply with the provisions of this ordinance. (C) The provisions of this ordinance shall not be deemed to modify or otherwise affect or substitute for any provision of any other ordinances of this city but shall be cumulative thereto. (D) 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 thereby but shall remain in full force and effect; to this end the provisions of this ordinance are declared to be severable. Section 3. Definitions. In this ordinance, the following words and phrases shall have the meanings hereinafter respectively ascribed: (A) "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. (B) "Building" shall mean a structure enclosed within exterior walls or fire walls, built, erected and framed of component structural parts, designed for the housing, shelter, enclosure and support of individuals, or property of any kind. (C) "Building Commissioner" shall mean the Building Commissioner of the city, or his duly authorized representative. (D) "City" shall mean the City of Jefferson, Missouri. (E) "Crawl Space" shall mean the space beneath the ground floor of a dwelling or part of a dwelling under which there is no basement. (F) "Dwelling" shall mean any house or building or portion thereof, occupied in whole or in part or intended to be used as a home, residence or sleeping place of one or more human beings on a permanent or transient basis. (G) "Dwelling Unit" shall mean any room or group of rooms occu- pied by a person or family as a home for cooking and sleeping; provided that commercial buildings occupied only by the custodian thereof shall not be deemed a dwelling unit. (H) "Fire Hazards" shall mean any combustible or explosive matter or any accumulations of rubbish, waste paper, boxes, cardboard or any other highly flammable materials. -2- (I) "Habitable Building" shall mean any structure or part thereof designed to be used as a home or place of abode by one or more persons. (J) "Habitable Room" shall mean every room in any building de- signed to be used for sleeping, eating or carrying on their usual domestic or social vocations or avocations, but shall not include private laundry, bath- rooms, toilet rooms, dressing rooms, pantries, storerooms, corridors or other similar places not used by persons frequently or for intended periods. (K) "Housing Inspector" shall mean the Housing Inspector of the city. (L) "Occupant" shall mean any person living, sleeping, cooking, or eating in, or having actual possession of, a dwelling unit or rooming unit. (M) "Operator" shall mean any person, whether the owner or not, who manages or controls any dwelling, or part thereof, in which dwelling units or rooming units are let. (N) "Owner" shall mean the holder or holders of record title to any premises in the city or any person who, alone or jointly or severally with others, shall be in actual possession or occupy, or have charge, care or con- trol of any premises, dwelling or dwelling unit in the city, as lessee, agent, employee, trustee or guardian of the person or estate of the record title holder. (0) "Person" shall mean any person, firm, association or corpor- ation, or any agent or employee thereof. (P) "Plumbing" shall mean all provided gas pipes and provided gas-burning equipment, waste pipes, water pipes, water closets, sinks , lava- tories, bathtubs, catch-basins, drains, vents and any other provided fixtures together with the connections to the water, sewer or gas lines. (Q) "Premises" shall mean a lot, plot, or parcel of land including the dwellings and structures located thereon. (R) "Public Hall" shall mean a hall, corridor or passageway not within the exclusive control of one family. (S) "Rooming House" shall mean any dwelling, or that part of any -3- dwelling containing one or more rooming units in which space is let to three or more persons who are permanent guests. (T) "Rooming Unit" shall mean any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but no part of which is exclusively or occasionally appropriated to cookery. (U) "Substandard" shall mean all buildings used for purposes of human habitation which do not conform to the minimum standards established by this ordinance or by other ordinances of this city. (V) "Vacant Building" shall mean any unoccupied dwellings or dwelling units which are unfit for human habitation. Section 4. Regulations for the Use and Occupancy of Dwellings. It shall be unlawful for any person to use or occupy any dwelling or dwelling unit, or for any owner to permit any dwelling or dwelling unit to be used or occupied as a place for human habitation unless the same complies with all the provisions of this section and any habitable building which shall fail to conform to the requirements set forth below shall be deemed a nuisance: A. GENERAL REGULATIONS: (1) Basement, Cellar, or Crawl Space. The basement, cellar or crawl space of any dwelling or dwelling unit shall be dry and ventilated and shall be kept free from rubbish accumulation and rodent infestation. (2) Dampness. The floors, ceilings and walls of every dwelling and dwelling unit shall be kept free from excessive dampness. (3) Sleeping Rooms. No room in a dwelling or dwelling unit 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 over 4' three years old. No room used for sleeping purposes in a dwelling or dwelling unit shall have a floor area of less than 60 square feet. In sleeping rooms with sloping ceilings the ceiling height shall be at least 7 feet above the required 60 square feet floor area and only that portion of the room with a ceiling height of 7 feet or more shall be counted in computing the minimum floor area. -4- (4) Entrances. There shall be for each dwelling unit a separate access either to a hallway, landing, stairway, or street. (5) Exits. Every dwelling or dwelling unit shall have a safe un- obstructed means of egress leading to safe and open space at ground level as required by the laws of this state or ordinances of this city. (6) Drainage. All courts, yards or other areas on the premises of any dwelling or dwelling unit shall be properly graded and drained. Metal gutters and down spouts shall be installed and maintained in good working con- dition unless the roof overhang is one foot or more and the drainage therefrom falls on a privately owned paved surface. (7) _Garbage Rubbish and Ash Receptacles. Every dwelling and dwelling unit shall be provided with such receptacles as may be necessary to contain all garbage, rubbish and ashes, and all such receptacles shall at all times be maintained in good order and repair. Receptacles for garbage shall be made of metal, water-tight and be provided with tight covers. B. HEATING, LIGHTING & VENTILATION REGULATIONS (1) Heating. Every dwelling and dwelling unit shall be so con- structed., insulated and maintained that it is possible to reach an air temperature of 70 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. (2) Lighting. Every habitable room shall have at least two wall or floor outlets or duplex outlets in wall or floor. Every toiletroom and bathroom in a dwelling or dwelling unit shall have at least one electrical outlet in the wall. A minimum of one foot candle of daylight or artificial illumination shall be required at all times in all public halls. (3) Ventilation. Every habitable room, toilet room and bathroom in a dwelling or dwelling unit shall contain a window or windows opening 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 -5- with suitable hardware and shall be made to open to the extent of not less than 4% of the floor 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 of foods and is adjacent to a dinette or alcove off the living room. An approved system of mechanical ventilation or air conditioning may be used in lieu of openable windows. Such system shall provide not less than four air changes per hour. C. PLUMBING REGULATIONS (1) Water Supplies and Sinks. Every dwelling or dwelling unit shall contain a room which affords privacy to a person within said room and which is equipped with a flush water closet and a lavatory basin in good working con- dition and properly connected to a water and sewer system in accordance with the Plumbing Code and approved by the Plumbing Inspector. Every dwelling or dwelling unit shall contain within a room affording privacy to a person therein, a bathtub or shower in good working condition properly connected to a water and sewer system approved by the Plumbing Inspector. (2) Hot and Cold Water. Every kitchen sink, lavatory basin, and bathtub or shower required by this ordinance shall be properly connected to hot and cold water lines. Every dwelling or dwelling unit shall be equipped with properly installed water heating facilities, maintained in safe and good working condition and properly connected to all hot water lines, capable of heating water to an extent that an adequate amount, at a temperature of not less than 1200 F. , may be drawn at every kitchen sink, lavatory basin, bathtub or shower served by the water heating facility. Such water heating facilities shall be capable of meeting the requirements of this paragraph when the heating facilities of the dwelling or dwelling unit are not in operation. (3) Water Closets. Hopper water closets, water closets outside of dwellings or dwelling units, and privies shall be eliminated upon notice for failure to maintain in a sanitary condition. In any event, they shall be elimin- ated as soon as sanitary sewers are available. The place where such P rivies -6- were located shall be properly filled with earth so as to meet the requirements of the Health Inspector. Section 5. Basement Rooms Not to be Used for Habitable Purposes: Excepjjons; Standards Prescribed. No room in any basement in an existing building shall be used for habitable purposes unless the room is being so used on the effective date of this ordinance and the following standards are complied with: A. The ceiling shall be at least seven feet high and shall be at least 50% or more above the surface of the street or ground outside of or adjoin- ing the room. B. There shall be appurtenant to the room the use of a water closet, in a water closet compartment, properly vented to the outside air. C. The room shall have one or more window openings of not less 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. The room shall be well drained and dry. Section 6. . Dwelling and Dwelling Units Not to be Overcrowded; Conditions to Determine Overcrowding. 0 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 conditions: A. Every room used for sleeping purposes shall comply with all requirements as specified in Section 4, Art. A. , par. 3. B. The total area in all habitable rooms in a dwelling unit shall be sufficient to provide at least 150 square feet of floor area for the first occupant thereof and at least 100 square feet of floor space every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area. A person under the age of three years shall not be deemed an occupant. -7- C. In every habitable room there shall not be less than seven feet between the floor and the ceiling over the minimum required square feet for the room. D. A habitable room shall contain at least sixty square feet of floor area and shall have a horizontal dimension of at least seven feet. Section 7. Owner to Keep Dwelling in Good Repair. A. A person shall not occupy, permit to be occupied, or lease to another for occupancy, any dwelling or dwelling unit for the purpose of living therein unless the dwelling or dwelling unit meets the following requirements: (1) Every foundation, floor, wall, ceiling and roof shall be reason- ® ably weathertight, watertight, rodentproof, capable of affording privacy and in good repair. (2) Every window, exterior door, and basement hatchway shall be reasonably weathertight, watertight, and rodentproof and shall be kept in sound working condition and good repair. (3) Every.inside and outside stair, porch, and appurtenances there- to, shall be so constructed as to be safe for use, capable of supporting the load that normal use may cause to be placed thereon, and shall be kept in sound con- dition and good repair. (4) Every chimney, parapet wall, cornice, ornamental feature and roof overhang shall be structurally sound and kept in good repair. (5) Whenever necessary for the health of the occupants or for the proper sanitation or cleanliness of any dwelling or dwelling unit, acceptable screening shall be provided on each exterior door, window or other opening in the exterior walls of the dwelling or dwelling unit. (6) Every owner of a dwelling or dwelling unit shall be responsible for maintaining all accessory, auxiliary, minor structures or fences, on the premises, structurally sound and in good repair. Every accessory, auxiliary, minor structure or fence shall also be kept in a clean and sanitary manner, free of rodents, and so as not to constitute a fire hazard. It shall be the responsibility of the owner to correct or remove such accessory, auxiliary, minor buildings or fences, if they constitute a nuisance because of one of the aforestated condition s. (7) Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks, and obstructions. (8) Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably im- pervious to water and to permit the floor easily to be kept in a clean and sanitary condition. (9) Every supplied facility, piece of equipment, or utility required by this ordinance shall be so constructed or installed that it will function safely and effectively and thereafter shall be maintained in a satisfactory working condition. (10) The dwelling unit must be clean and sanitary and conform with all provisions of this ordinance. I.,, B. An owner shall not cause any service, facility, equipment or utility required by this ordinance to be removed, shut off, or disconnected from any occupied dwelling or dwelling unit except for temporary interruptions while re- pairs or alterations are in process or during temporary emergencies when dis- continuance of service is approved by the Building Commissioner. C. Whenever a dwelling or dwelling unit is vacated, it shall be the duty of the owner to see that such dwelling unit is in a clean, sanitary, habitable condition and free from infestation before renting such dwelling unit to another occupant. Where necessary, the owner shall renovate to paint walls and ceil- ings and clean, repair and exterminate vermin in such vacated dwelling unit before offering it for rent. Section 8. Duty of Occupant. A. The occupant of a dwelling or dwelling unit shall keep the dwelling or dwelling unit, including all yards, lawns and courts, clean and free from -9- any accumulations of dirt, filth, rubbish, garbage or similar materials, and from all vermin or rodent infestation, and from all accumulations of combustible or explosive materials, including waste paper, boxes, cardboard or other highly flammable materials so situated as to contribute to a fire or endanger lives or property, and keep all aisles, hallways, stairways, landings, basements, rooms, passageways and walks free from obstructions that might interfere with the egress of occupants or visitors from the dwelling or dwelling unit or premises or the operation of fire department employees at the premises in the event of a fire. B. The occupant of a dwelling or dwelling unit shall keep that portion of the property which he occupies and over which he has exclusive control in a clean condition, comply with all provisions of this ordinance relating to the density of room occupancy, place all garbage and refuse in proper containers, eliminate all rodent infestations by extermination methods and maintain all plumbing fixtures in a sanitary condition. If receptacles are not provided by the owner, the occupant shall provide all receptacles necessary to contain all garbage, refuse, trash and ashes. C. The occupant of a dwelling or dwelling unit shall not deposit any material in any toilet, bathtub, sink or other plumbing fixture which may result in the obstruction of any sanitary sewer. Section 9. Rooming Houses A. No person shall operate a rooming house or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in com- pliance with all the following provisions. (1) One flush water closet, lavatory basin and bathtub or shower in good working condition and properly connected to a water and sewer system approved by the City Plumbing Inspector, for not more than 8 persons including the members of the operator's family wherever they share the use of such facilities. All such facilities shall be so located within the dwellings so as to be reasonably accessible from a common hall or passageway to all persons sharing such facil- ities. t or hall be ities. Every lavatory basin bathtub showers supplied with hot water -10- at all times. (2) The operator of every rooming house shall supply and change bed linen and towels at least once each week and prior to the letting of any room to any occupant. The bedding shall be kept in a clean and sanitary manner. (3) A sleeping room for one person shall contain at least 60 square feet of floor space. 50 square feet of floor space for each additional occupant. (4) Every rooming unit shall have approved, safe, unobstructed direct means of egress leading to safe and open space at ground level which is accessible to a public street or alley. (5) The operator of every rooming house shall be responsible for the maintenance of all parts of the rooming house and the premises thereof, in a clean and sanitary condition. Section 10. Vacant Buildings A. The owner or operator of any vacant building that has been classi- fied as unfit for human occupancy shall keep the same locked or closed by securely fastening every door, window, or other opening; and all windows within 20 feet of the ground or which may be readily accessible shall be completely covered with a sheet metal covering of not less than 30 gage or with such other substantial material as shall be approved by the Fire Inspector. B. The owner of any vacant building shall keep the building, including all yards, lawns and courts, clean and free from any accumulation of dirt, filth, rubbish, garbage or similar materials, and from all vermin or rodent infestation . and from all accumulations of combustible or explosive materials,' including but not, limited to waste paper, boxes, cardboard or other highly flammable materials so situated so as to constitute to a fire or endanger lives or property. C. The owner of any vacant building shall maintain the same in such safe condition as not to endanger the lives of persons using the public ways or the occupants of adjacent property. D. All vacant buildings shall be inspected at least every six months to insure that the provisions of this section are being followed as required. -11- Section 11 . Power of Building Commissioner to Make Regulation. For the purpose of protecting the health, welfare and safety of the inhabitants of dwellings or dwelling units, the Building Commissioner is hereby directed to enforce the provisions of this, and any other ordinances of this city which regulates or set standards affecting dwelling and dwelling units, including the "Building Code", and to make such rules and regulations as shall from time to time be necessary to carry out the purposes of this ordinance, and the rules and regulations shall become effective when filed with the City Clerk and approved by resolution of the City Council. Section 12. Power to Inspect A. The Building Commissioner, Housing Inspector, Electrical Inspector, Plumbing Inspector, and Fire Inspector may enter any premises, habitable build- ing or vacant building designed or used for residential purposes, to make in- spections and determine whether the provisions of this ordinance are being complied with. B. If the right of entry to inspect is denied, the Building Commissioner shall procure right of entry and inspection by application to, and proper orders from, a court of competent jurisdiction. Section 13. Buildings to be Classified; Basis of Classification Inspec- tions to be Made Periodically. A. The city planning commission, with the assistance of the Building Commissioner shall classify buildings or houses, er groupings thereof, used in whole or in part for purposes of human habitation, according to their degree of depreciation or obsolescence, or to their condition for residential purposes. This classification shall be made on the basis of immediate action necessary on such buildings as required by public health and safety. B. This group shall make periodic inspections of such buildings and shall determine the frequency of such inspections of the several classes. Section 14. Enforcement: Service of Notices and Orders: Hearings A. Whenever the Building ommissioner determines that 9 there has been -12- a violation of any provision of this ordinance, except as provided in Section 15 thereof or any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor as here- inafter provided. Such notice shall: (1) Be in writing. (2) Particularize the violations alleged to exist or to have been committed. (3) Allow a reasonable time for the correction of the violation particularized. (4) Be addressed to and served upon the owner of the property and/or the operator of the dwelling, or the occupant of the dwelling unit or rooming unit concerned if the occupant is or may be responsible for the viola- tions; provided that such notice shall be deemed to be properly served upon such owner, operator, or occupant if a copy therefor is served uponhim person- ally or if a copy thereof is sent by certified or registered mail to his last known address. If the notice cannot be conveniently served by the aforesaid, service of the notice may be made upon such person or persons by posting the notice in a conspicuous place in or about the dwelling affected by the notice, in which event the Building Commissioner shall make a statement for inclusion in the record as to why such posting was necessary. Such notice may contain an out- line of remedial action which if taken, will effect convection of the particularized alleged violations. B. In addition to giving notice of alleged violations , as provided for in Sections 140), 15(b), and 15(F), the Building Commissioner may appropriately placard such dwellings, dwelling units, and rooming units that have been deter- mined to be in violation of any provisions of this ordinance. The placard shall include but not be limited to, a statement that the dwelling, dwelling unit, or rooming unit is in violation of provisions of the "Housing Code" of the City of Jefferson, Missouri. The Building Commissioner shall remove such placard -13- whenever the violations particularized in the notice have been corrected. No unauthorized person shall deface, remove or obscure any placard affixed under the provisions of this paragraph. If the dwelling, dwelling unit, or rooming unit is vacant at the time of placarding, it shall not be used for human habita- tion until the violations particularized in the notice have been corrected and written approval secured from, and the placard removed by the Building Com- mis stoner. C. Any person affected by any notice which has been issued in con- nection with the enforcement of any provisions of this ordinance, except as is provided for in Section 15 hereof, or in any rule or regulation adopted pur- suant thereto, who is aggrieved thereby, and who believes the same to be con- trary to the policies or regulations of the City may request and shall be granted a hearing on the matter, before the Building Commissioner; provided that such person shall file in the office of the Building Commissioner a written petition requesting such hearing and setting forth a brief statement of the grounds there- fore, within ten (10) days after the notice was served. Upon receipt of such petition, the Building Commissioner shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than ten (10) days after the day on which the petition was filed; provided that upon application of the petitioner, the Building Commissioner may postpone the hear- ing date for a reasonable time beyond such 10-day period, if in his judgment the petitioner has.submitted a good and sufficient reason for such postponement. D. After such hearing, the Building Commissioner may sustain, modify, or withdraw the notice, depending upon his finding as to whether the provisions of this ordinance and of the rules and regulations adopted pursuant thereto have been complied with. If the Building Commissioner sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to Sec- tion 14 (a) of this ordinance shall become an order if a written petition for a -14- hearing is not filed in the office of the Building Commissioner within ten (10) days after such notice is served. E. After a hearing in the case of any notice suspending any permit required by this ordinance, or by any rule or regulation adopted pursuant thereto, when such notice has been sustained by the Building Commissioner, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Building Commissioner with- in ten (10) days after such notice is served. F. The proceedings at such hearing, including the findings and de- cision of the Building Commissioner, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Building Commissioner. Such record shall also include a copy of every notice or order issued in connec- tion with the matter. Appeals from the decision of the Building Commissioner may be made to the Board of Housing Standards and Appeals. G. Whenever the Building Commissioner finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the ® emergency. Notwithstanding the other provisions of this ordinance, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Building Commis- sioner shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings as to whether the provisions of this ordinance and of the rules and regulations adopted pursuant thereto have been complied with, the Building Commissioner shall continue such order in effect, or modify it, or revoke it. Section 15. Designation of Unfit Dwelling and Legal Procedure of Correction. The designation of dwellings or dwelling units as unfit for human -15- habitation and the procedure for correction of such unfit dwellings or dwelling units shall be carried out in compliance with the following requirements. A. The Building Commissioner may determine that a dwelling or dwelling unit is unfit for human habitation, if he finds that conditions exist in such dwelling or dwelling unit which are dangerous or injurious to the health, safety, or morals of the occupants of such dwelling or dwelling unit; the occupants of neighboring dwellings or other residents of the City; or which have a blighting influence on properties in the area. Such conditions may in- clude the following without limitation: Defects therein increasing the hazard of fire, accidents, or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation, disrepair; structural defects; unclean- liness, over-crowding; inadequate ingress and egress; in- adequate drainage; or any violation of health, fire, building or zoning regulations; or any other laws or regulations relating to the use of land and the use and occupancy of buildings and improvements. The determination that a dwelling or dwelling unit is unfit for human habitation shall be predicated on the fact that such defects as aforestated are a serious ® hazard to the health or safety of the occupants, or of the public; or that such defects constitute violations of several of the standards in the other sections of this ordinance; or are continued violations of such standards. The Building Commissioner and the Fire Chief shall cooperate in determining that a dwelling or dwelling unit is unfit for human habitation where building or fire regulations are applicable. Such applicable regulations may include those pertaining to structural defects, dilapidation, disrepair, building and zoning violations, fire hazards, and inadequate ingress and egress. B. Whenever a petition is filed with the Building Commissioner by at least five (5) residents of the city, charging that any dwelling or dwelling unit Is unfit for human habitation, or whenever it appears to the Building Commissioner -16- (on his own motion) that any dwelling or dwelling unit is unfit for human habi- ® tation, he shall if his preliminary investigation discloses a basis for such �I charges, issue and cause to be served upon the owner, every mortgagee of record, and all parties in interest in such dwelling or dwelling unit (including persons in possession) a complaint stating the charges in that respect. Such complaint shall contain a notice that a hearing will be held before the Building Commissioner at a place therein fixed not less than ten (10) days, nor more than thirty (30) days, after the serving of said complaint; that the owner, mortgagee, and parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Building Commissioner. C. If, after such notice and hearing, the Building Commissioner determines that the dwelling or dwelling unit under consideration is unfit for human habitation, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof, an order which requires the owner within the time specified in the order to repair, alter or improve such dwelling or dwelling unit to render it fit for ® human habitation, or to vacate and close the dwelling or dwelling unit as a human habitation, or to remove or demolish such dwelling or dwelling unit. D. If the owner fails to comply with an order to repair, alter or im- prove or to vacate and close a dwelling or dwelling unit, the Building Com- missioner may cause such dwelling or dwelling unit to be repaired, altered, or improved or to be vacated or closed; or if the owner fails to comply with an order to remove or demolish the dwelling or dwelling unit, the Building Com- missioner may cause such dwelling or dwelling unit to be removed or demolished. E. The amount of the cost of such repairs, alterations or Improvements, or vacating and closing, or removal or demolition by the Building Commissioner shall be certified to the City Council, which shall order special tax bills to be -17- Issued and the amount due shall thereupon become a lien against the real pro- perty upon which such cost was incurred. If the dwelling or dwelling unit is removed or demolished by the Building Commissioner, he shall sell the materials of such dwelling or dwelling unit and shall credit the proceeds of such sale against the cost of the removal or demolition, and if there be any balance re- maining, it shall be paid to the parties entitled thereto. F. Complaints or orders issued by the Building Commissioner pursuant to Section 15 of this ordinance shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the Building Commissioner in the exercise of reasonable diligence, and the Building Commissioner shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two consecutive weeks in a newspaper printed and published in the City. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall also be filed with the Clerk of the Circuit Court of Cole County, Missouri, and such filing of the complaint ororder shall have the same force and effect as other lis pendens notices provided by law. Section 16. Board of Housing Standards and Appeals to Hear and Decide Appeals. The Board of Housing Standards and Appeals shall have juris- diction under this ordinance to hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Building Commissioner in the enforcement of this ordinance. The Board of Housing Standards and Appeals shall consist of five residents of Jefferson City, appointed by the Mayor with approval of the City Council. Each member shall serve for a time of three years. The Mayor shall designate one of them as chairman. 40 -18- Section 17. Appeals to be Made to Board of Housing Standards and Appeals; Time of Filing; Fee; Notice and Record to be Submitted. A. Appeals may be taken to the Board of Housing Standards and Appeals by any person aggrieved by any decision of the Building Commissioner in the enforcement of this ordinance. Such appeal shall be taken within thirty days after the decision is rendered by filing with the Building Commissioner a written notice of appeal specifying the grounds therefor accompanied by a docket fee of Ten Dollars. B. The Building Commissioner shall forthwith submit to the board a copy of such notice of appeal together with all the papers constituting the record upon which the action appealed from is taken. Section 18. Appeal to Stay Repairs; Exceptions; Copies of Inspections May be Requested. A. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Commissioner shall certify to the board, subsequent to the filing of any notice of appeal, that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by the order of any court of competent jurisdiction. ® B. It shall be the duty of the Building Commissioner to furnish the Board of Housing Standards and Appeals, upon request, with copies of reports of any or all inspections made by such officers in the matter on appeal and to furnish such other information as may be available to them and requested by such board. Section 19. Board of Housing Standards and Appeals to Fix Time and Place for Hearings; Notice. The Board of Housing Standards and Appeals. shall fix a time and place for the hearing of appeals. Such hearing shall be after the filing of the notice of appeal and such hearing shall not be less than ten days • nor more than twenty days after the mailing of notice of the hearing. Notice of the time and place of hearing shall be sent by mail to the appellant or to his -19- attorney of record. Section 20. Powers of Boards. In exercising the powers enumerated in this ordinance the Board of Housing Standards and 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 determination 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 Housing Standards and 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 of 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 public inspection. Section 22. Review of Decisions; Disposition of Docket Fee. A. Any decision of the board under this chapter shall be subject to review by a writ of certiorari from any court of competent jurisdiction. B. In no case shall the appellant be liable for any expenses incurred prior to court review for surveys, investigation or hearings of the board. C. If a decision appealed from is affirmed, the docket fee previously deposited by appellant shall be forfeited, and the money shall be paid into the city treasury. If the decision appealed from shall be 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 any lawful order or regulation made and adopted by the Building Commissioner in pursuance thereof shall be guilty of a misdemeanor 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. -20- Section 24. Repeal Claupgj Ordinance Number 7646 of the city be, 4, and the same is hereby, repealed. Section 25. Effective Date. This ordinance shall take effect from and after its passage and approval. Passed: /5z 1��3- Approved: �✓ esident of Council Mayor Attest: ,U Pity Clerk lt,. )i ti. ti -21-