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HomeMy Public PortalAboutORD07918 BILL NO. INTRODUCED BY COUNCILMAN S7VeIE C ORDINANCE NO. AN ORDINANCE ESTABLISHING MINIMUM STAbMARDS FOR NON-RESIDENTIAL, COMMERCIAL, INDUSTRIAL BUILDINGS, STRUCTURES OR VACANT AREAS AND COMBINATIONS THEREOF; DEFINING THE POWERS AND DUTIES OF THE BUILDING COMMISSIONER AND HOUSING INSPECTOR; PROVIDING FOR APPEALS; DECLARING THE CONDITION AND USE OF BUILDINGS OR STRUCTURES BELOW 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 1.0. Title. This ordinance shall be known and may be cited as the "Non-residential Code" of the City of Jefferson, Missouri. SECTION 2.0. Applicability. There exists in the City of Jefferson, non-residential, commercial, industrial buildings, structures or vacant areas and combinations thereof, which are slum or blighted or which are becoming slum or blighted because of substandard conditions with respect to structure, equipment or maintenance. Their existence is injurious to the public safety, health and welfare of the people and constitutes a nuisance. SECTION 3 .0. Purposes of this Ordinance. The general purpose of this ordinance is to protect the safety, morals, health and general welfare of the citizens of the City of Jefferson, Missouri. Objectives include, but are not limited to, the following purposes: 1. Secure and protect the community from the spread of slums and blight; 2. Provide minimum standards for the maintenance of existing structures ; and, 3 . Preserve the value of land and buildings throughout the City. i SECTION 4.0. Definitions. In this ordinance, the fallowing swords and phrases shall have the meanings hereinafter respectively described: 1 4.1. "Accessory Structures" , shall mean a structure, the use Iof which is incidental to that of the main building and which is ! attached thereto or located on the same premises. I -2- 4.2. "Apartment" , shall mean a room or suite of two or more rooms occupied or intended to be occupied as the home or residence of an individual, family or household. AWhk IV 4.3. "Basement" , shall mean that space of a building that is partly below grade which has more than half of its height, measured from floor to ceiling, above the average established finished grade of the ground adjoining the building. 4.4. "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. 4.5. "Building Commissioner" , shall mean the Building Commissioner of the City or his authorized representative. 4.6. "Cellar" , shall mean that space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average established finished grade of the ground adjoining the building. 4.7 . "City,, , shall mean the City of Jefferson, Missouri. 4.8. "Dwelling Unit" , shall mean a living unit containing two or more habitable rooms with provisions for living, cooking, eating, sanitary and sleeping facilites arranged for the use of one individual or family. 4.9. "Exit", shall mean a way of departure from the interior of a building or structure, to the exterior at street or grade, ' including doorways, passageways, hallways, corridors, stairways, ramps, fire escapes, and all other elements necessary for egress or escape. 4.10. "Fire Hazard", shall mean any combustible or explosive matter or any accumulations of rubbish, waste paper, boxes, card- board or any other highly flammable materials. 4.11. "Garbage" , shall mean all putrescible animal or vege- table waste resulting from the handling, preparation, cooking ,' and consumption of food. i 4.12. "Habitable Room" # shall mean every room in any building I� designed to be used for sleeping, eating or carrying on their +( usual domestic or social vocations, but shall not include private laundry, bathrooms, toilet rooms, dressing rooms, pantries, storerooms, corridors or other similar places not used by persons jfrequently or for extended periods. 1 1 -3- 4.13. "Housing Inspector" , shall mean the Housing Inspector of the City or his authorized representative. 4.14. "Infestation" , shall mean the presence of insects, rodents, vermin or other pests . 4.15 . "Mixed Occupancy" , shall mean any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to non-dwelling uses. 4.16. "Non-residential Structures" , shall mean in this code all non-residential, commercial, industrial buildings, structures or vacant areas and combinations thereof. 4.17. "Nuisance" , shall mean, (1) any attractive nuisance which may prove detrimental to the health or safety of children, whether in a building, on the premises of a building, or upon an unoccupied lot. This includes, but is not limited to, abandoned wells, shafts, basements, excavations, abandoned iceboxes, refrigerators, motor vehicles, any structurally unsound fences or structures, lumber, trash, fences, debris or vegetation such as poison ivy, oak, or sumac, which may prove a hazard for inquisitive minors; (2) physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the condition exists; (3) unsanitary conditions or anything offensive to the senses or dangerous to health in violation of this code; (4) whatever renders air, food, or drink unwholesome or detrimental to the health of human beings; and, (5) fire hazards. 4.18. "Operator" , shall mean a person who, as agent of the Aft am VW owner, has charge, care, or control of any premises on which any structure stands, or a part thereof. 4.19. "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 control of any premises, as lessee, agent, employee, trustee or guardian of the person or estate of the record title holder. 4.20. "Person" , shall mean any person, firm, association or corporation, or any agent or employee thereof. 4.21. "Plumbing" , shall mean all provided gas pipes and ' provided gas-burning equipment, waste pipes, water pipes, water ! closets, sinks, 'lavatories, bathtubs, catch-basins, drains, vents and any other provided fixtures together with the connections to the water, sewer or gas lines. i li -4- `` 4. 22. "Premis+es" . shall mean a lot, plot, or parcel of land, i. including the dwelling and structures located thereon. Aft MM 4.23. "Refuse"" , shall mean all cardboard, plastic, metal or Mr glass food containers, waste paper, rags, sweepings, small pieces of wood, excelsior, rubber, leather and similar waste material that ordinarily accumulates around a home, business or industry. 4.24. "Sewage" , shall mean waste from flush toilet, bathtub, sink, lavatory, and may include industrial wastes and liquids containing chemicals. 4.25. "Structure" , shall mean a combination of any materials, whether fixed or portable, forming a construction, including buildings. Ask 4.26. "Substandard" , shall mean all structures and buildings used for non-residential purposes which do not conform to the minimum standards established by this ordinance or by other ordinances of the City. I� 4.27 . "Unoccupied Hazard" , shall mean any vacant non-residen- 1itial building or structure which violates any section of this code. i SECTION 5.0. General Requirements. All non-residential structures shall comply with the following requirements and regulations of this ordinance. Failure to comply will be deemed la nuisance, i 4 5.1. Landscaping: All owners shall take such actions as Ak Aare appropriate to secure the protection and preservation of all trees located within public property. Dead and dying trees and limbs or other natural growth which, by reason of rotting or a deteriorating condition or storm damage, constitute a hazard to persons within the public property shall be removed or destroyed. All trees, bushes, or vegetation which overhangs any public side- [,walk, street or alley shall be properly trimmed so as not to ob- Istruct the movement of pedestrians or vehicles. All areas which fare not covered by vegetation, structures, or pavement and are (subject to the blowing of dust shall be treated so as to prevent the blowing of dust. All holes, pits, ditches and excavations �whose diameter or length exceeds two feet and whose depth is one ' foot or more shall either be filled, covered, or fenced in such a manner as to prevent injury to persons on the premises . The ';premises shall be so graded that there is no pooling of water. i) fi �i fi 1. i� -5- 1 5. 2. Streets, Sidewalks, Driveways Parking and Loading Areas, Public streets or sidewalks shall be used only in such manner as may be authorized by this ordinance or other ordinances of the City of Jefferson. Within five (5) years from the final passage and approval of this ordinance, all sidewalks, driveways, off-street parking, and off-street loading areas on private property shall in all cases be surfaced with asphaltic or cement concrete and maintained in good repair at all times. Also upon final passage and approval of this ordinance, all new construction of sidewalks, driveways, off-street parking and off-street loading areas on private property shall in all cases be surfaced with asphaltic or cement concrete and maintained in good repair at all times. All private and public sidewalks and driveways shall be kept free of snow, ice, mud and other debris at all times. All sidewalks and driveways which constitute a danger to public health and safety because of lack of repair shall be replaced. 5 .3. Drainage: All non-residential structures shall have gutters and downspouts to convey the rain water from the roofs 's directly to the storm sewer or if such sewer not available to the premises, the rain water shall be conveyed so as not to create a nuisance. All premises shall be so graded that there is no pooling of water. 5 .4. Rubbish, Garbage and Other Refuse: The operator or owner, as the case may be, of every establishment, from the use of which arises rubbish, garbage, or other refuse, shall provide, and at all times cause to be used, metal containers, leakproof and provided with close fitting covers for the storage of such materials until removed from the premises for disposal. No such materials shall be stored, placed or allowed to be accumulated on the ground or on a floor or pavement or in any other place except in said containers. Sufficient containers shall be provided to hold all such waste materials accumulated between disposal times. In those cases where collection for rubbish, garbage and other refuse is riot used, the owner or operator shall dispose of such wastes at least twice weekly, except where such wastes have strong, objectionable odors or consist of offal, blood, or other odorous food processing wastes, such disposal shall be carried out daily. All waste paper, cardboard, rags, tin cans, bottles and other combustible and non-combustible waste shall be stored and disposed of in the same manner as mentioned above. In office buildings and similar establishments where waste paper is collected daily, it ±may be kept in a room used for storage, if it meets the fire i�protection requirements of the Building Commissioner and Fire ',Inspector. II I� I� 5 .5 . Storage Areas: All open storage yards shall be = completely obscured from view from surrounding property by a fence or wall not less than eight (S) feet in height and built of new material, or of such used materials as may be approved by the Building Commissioner. 5.6. Windows, Doors and Entrances: All windows, doors and entrances exposed to public view shall be kept clean and in a state of good repair. 5.7 . Screens: Beginning with the first day of May and endin the last day of October, all exterior openings on non-residential structures which are used as a means of ventilation shall be properly equipped with insect-proof screens so as to prevent the entrance of flying insects, except: (1) where openings are located sufficiently high in upper stories of buildings where there is no evidence of flying insects; (2) in industrial, mm commercial and manufacturing plants where no item for human consumption is being manufactured, stored, unsealed, processed or developed and provided that no material is exposed which might serve as a food or breeding medium for flying insects ; (3) where air conditioning by refrigeration is provided with proper venti- lation; (4) where the nature of the operation or type of opening is such that screening is impractical and an effective insect repellant fan or air curtain is provided for the opening and operated when flying insects are present. All screens shall be protected from the elements to prevent deterioration and corrosion, by the periodic application of weather coating. i 5.5. Signs: All permanent signs and billboards exposed to public view, permitted by reason of other regulations or as a ± lawful non-conforming use shall be maintained in good repair. Any Ilsign which has excessively weathered, rottened, faded, or those 11upon which the paint has excessively peeled or cracked shall, with !; their supporting members, be removed forthwith, or put into a good state of repair. All non-operative or broken electrical Isigns shall be repaired or shall, with their supporting members, be removed forthwith. 5. 9. .Awnings and Marquees: All canopies, marquees, metal awnings, stairways, fire escapes, standpipes, exhaust ducts , and jsi.milar overhang extensions shall be maintained in good repair ,hand be properly anchored so as to be kept in a safe and sound ; condition. In the event they are not properly maintained in 111accordance with the foregoing, they shall, together with their �jsupporting members, be removed forthwith. They shall be protected from the weather and against deterioration and corrosion by the ; periodic application of weather coating materials such as paint, E Dior by other protective treatment. 1 -7- 5 .10. Overhangings : Loose overhanging objects which, by reason of location above ground level, constitute a danger of falling on persons shall be repaired or removed. 5.11. Air Conditioning: These regulations shall apply to all air conditioners operated totally or in part on the exterior of structures. Any noise resulting from the operation of such air conditioners which may be perceived without the aid of instruments at a distance of more than 100 feet from such air conditioner shall be deemed a nuisance. All exterior air conditioners which are installed. and operated directly over a public sidewalk shall be equipped with proper devices for the prevention of condensation drainage upon the sidewalk. No window air conditioners installed over the public sidewalk within ten (10) feet above grade shall extend more than twelve (12) inches on or above such public side- walk. in alleyways and thoroughfares, no window air conditioner shall extend more than twelve (12) inches on or above such alley- ways or thoroughfares within fourteen (14) feet above the grade. All air conditioners shall be maintained in a safe mechanical and electrical condition. 5.12. Fences: All fences, walls or accessory structures appurtenant to the premises thereof, shall be kept in a good state of repair. Any fence, wall or accessory structure, which is allowed to deteriorate to an unsound or unsightly appearance or condition shall be deemed a nuisance and the owner of the premises shall be held responsible for the maintenance thereof. 5.13. Stairways and Entrances: All stairways and entrances which may give access to employees or for the general public shall be kept in a good state of repair and structurally sound. Every such stairway and entrance shall be equipped with lighting facilities capable of providing ten (10) footcandle of light. Any exterior stairway or entrance used by employees or the public shall be protected from deterioration, decay and corrosion caused by the weather or other_ elements by periodic application of weather coat- ing material, or by other protective treatment. 5.14. Roofs: The roof of all non-residential structure: shall) be maintained weatherproof and waterproof and all rain water shall be conveyed therefrom in such a manner to prevent seepage of water into walls, ceilings, and other members of the structure. 5.15. Walls and Foundations: All walls and foundations shall be maintained so as to carry the safe design and operating live and dead loads and shall be maintained plumb and free from open cracks and breaks, so as not to endanger the public safety. i -8- 5.16. Chimneys: All chimneys, flues , smoke stacks, cooling towers and gas vents shall be maintained structurally safe, sound, and in good repair to perform at all times the functions for which they were designed. I5.17 . Water Supply: All non-residential structures having a water system shall be connected to water lines from a water utility t; company or an approved private source. All water supply systems i :�1aG�ll comply with the provisions of the Building Code of the City of Jefferson . 5 .18. Drainage and Sewage Disposal: All sewage and other liquid waste shall be discharged to the sanitary sewer or to a lawful disposal system approved by the Plumbing Inspector of the City of Jefferson. 5 .19. Fire Safety: All uses of non-residential buildings must meet the standards established in the Fire Prevention Code as adopted by the City of Jefferson. 5 .20. Plumbing System Maintenance: All plumbing and plumbing fixtures in non-residential buildings shall be maintained in a ( safe and usable condition and shall meet all standards set forth in the Plumbing Code of the City of Jefferson. 5.21. Electrical System Maintenance: All existing electrical fixtures, devices, wiring and systems in non-residential buildings shall be maintained in safe working condition and shall be properly connected to adequate source of electrical power. Any old, deteriorated, unused and unapproved materials and equipment, shall be removed and replaced, as may be required, with approved materials and equipment. Existing electrical installations or systems shall be installed to meet standards set forth in the ' National Electrical Code as adopted by the City of Jefferson. 5.22. Heating System Maintenance: The installation, operation and maintenance of all heating devices and appurtenances thereto in non-residential buildings shall meet all standards set forth in the Building Code as adopted by the City of Jefferson. All heating systems shall be maintained in a safe working condition. 5 .23. Heating Facilities: Where persons are employed and working in an enclosed space or room within non-residential build- ings and not engaged in active physical activity, sufficient heat ' shall be provided in such spaces or rooms to maintain a temperatures sof not less than seventy degrees (70°) Fahrenheit during all work- ing hours. I j �i i 1 t i -9- 5 .24. Ventilation: Natural or artificial means of ventilation shall be provided to insure a comfortable and healthful atmosphere throughout any non-residential structure in which persons work or congregate. In all cases where any process emits or evolves injurious, toxic, irritating or noxious fumes, gases, dusts or mists, local exhaust ventilation shall be provided to remove the contaminating agent at the source of its evolution so that it is not allowed to permeate the general atmosphere of the structure. I 5.25. Exhaust Vents .. No person shall construct, maintain or operate pipes, ducts, conductors, fans or blowers discharging gases, steam, vapor, hot air, grease, smoke, odors or other gaseou or particulate wastes so as to discharge directly upon the propert of another; however, such discharge shall be permitted into a public alley or public street provided the regulations of the Building Commissioner are met. 5.26. Supporting Structural Members: All supporting structural members of all non-residential buildings shall be kept structurally sound, free of deterioration and capable of bearing the live and dead loads imposed upon them as required in the Building Code as adopted by the City of Jefferson. 5.27 . Floors: Floors of non-residential buildings shall be maintained structurally sound and capable of supporting the impose loads without undue deflection. They shall be maintained at all times in a condition so as to be smooth, level, clean and free of breaks, cracks or other unsafe conditions. 5.28. interior Walls and Ceilings: The interior walls and iceilings of all non-residential structures shall be kept structurally sound, capable of safely supporting the improved loads upon them, free of cracks and breaks, loose plaster or other covering and maintained in a clean, safe and sanitary condition. 5.29. Stairways and Elevators: All stairways, escalators, elevators, passageways and similar means of access between rooms and floors of nori-residential buildings shall be maintained in a safe and sound condition, free from obstructions and capable of providing for the traffic load and for proper ingress and egress . They shall be provided in sufficient number and location as to meet fire protection standards and other provisions of the Building Code and the Fire Prevention Code as adopted by the City f of Jefferson. j 5.30. Basements and Basement Rooms, Cellars and Cellar Rooms: �jAll basements, basement rooms, cellars and cellar rooms shall be �j i� i� i -10- maintained damp-proof and dry. Floors shall be of cement concrete and proper drainage provided to prevent backflooding. Such spaces or rooms, where used for the employment of persons, shall be provided with sufficient light, ventilation and sanitation facilities so as not to endanger health and safety. 5.31. Toilets and Lavatories: Every non-residential building regularly used or occupied by persons shall be provided with toile and lavatory facilities as further provided in this section, except that buildings not over one hundred fifty (150) square feet in floor area, used for shelter in connection with the operation of parking lots, storage lots, kiosk, watchman' s stations, or similar uses, shall not be required to have such facilities if such facilities are otherwise conveniently available to workers using such buildings and are so used at all times. Separate facilities for the sexes may not be required in establishments occupied by Aak eight (8) or less persons of both sexes taken together, and where such facilities are not used for the public. The number of toilet facilities per room shall comply with the Plumbing Code of the City of Jefferson, Missouri. Such toilet rooms shall be provided with adequate light and ventilation. All toilet facilities and toilet rooms shall be kept neat and clean at all times. The toile room walls and ceiling shall be provided with a smooth surface and where paint is used as the surface coating, it must be maintained and painted as is necessary for cleanliness . Floors is such rooms must be of non-absorbent materials, such as surface hardened concrete, brick-tile, vinyl or asphalt tile, or similar impervious surface material. Toilet paper shall be provided with each toilet facility. Soap shall be provided with each lavatory. Individual towels, or other means of drying shall be provided for lavatories. No common towel shall be used. 5.32. Vacant Non-residential Structures: All vacant non- residential structures shall be kept in a sound and sanitary condition and comply with the provision of this ordinance. All vacant non-residential structures which violate the safety, morals, health and general welfare of the citizens of the City of Jefferso shall be repaired or removed. The owner of any vacant non- residential structure which has been classified as unfit for human occupancy shall keep the same locked or closed by securely fasten- ing every door, window or other opening; and all windows within twenty (20) feet of the ground or which may be readily accessible shall be completely covered with a sheet metal covering of not less than thirty (30) gage or with such other substantial material as shall be approved by the Fire Inspector during the time before rehabilitation or demolition work begins . The owner shall keep the structure, including all yards, lawns, and courts, clean and ++ free from any accumulation of dirt, filth, rubbish, garbage or J i i f Isimilar materials, and from all vermin or rodent infestation and ! i from all accumulations of combustible or explosive materials, l 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. SECTION 6.0. Power of the Building Commissioner ^ For the purpose of protecting the health, welfare and safety of the citizens of the City of Jefferson, the Building Commissioner is hereby directed to supervise the enforcement of the provisions of this ordinance and to make such rules and regulations as shall from time to time be necessary to carry out the purposes of this ordinance. The rules and regulations shall become effective when filed with the City Clerk and approved by resolution of the City Council. The Building Commissioner shall also attend all meetings as required by the Board of Minimum Standards and Appeals. SECTION 7 .0. Duties of the Housing Inspector: For the purpose of protecting the health, welfare and safety of the citizens of the City of Jefferson, the Housing Inspector is hereby directed to enforce the provisions of this ordinance under the supervision of the Building Commissioner. !I SECTION 8.0. Power to Inspect: The Building Commissioner, !I` Housing Inspector, Electrical Inspector, Plumbing Inspector, + Health Inspector_ , and Fire Inspector may enter any non-residential ( or vacant non--residential structure to make inspections and I determine whether the provisions of this ordinance are being ' 1 complied with. 8.1. 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 9.0. Enforcement; Service of Notices and Orders; Hearings. 9.1. Whenever the Housing Inspector determines that there ha I , been a violation of any provision of this ordinance, except as Iprovided in Section 10.0 thereof or any rule or regulation adopted jlpursuant thereto, he shall give notice of such alleged violation TI ito the person or persons responsible therefor as hereinafter pro- vided. Such notice shall: (1) Be in writing; I (Z) Particularize the violations alleged to exist or to have been committed; ' (3) Allow a reasonable time for the correction of j( the violation particularized; I{F I i 1 -12- (4) Be addressed to and served upon the owner, operator or occupant of a non-residential structure (if the occupant is or may be responsible for the violations) ; provided that such notice shall be deemed to be properly served upon such owner, operator, or occupant if a copy therefor is served upon him personally 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 structure affected by the notice, in which event the Housing Inspector shall make a statement for inclusion in the record as to why such posting was necessary. Such notice may contain an outline of remedial action which, if taken, will effect correction of the particularized alleged violations. 9.2. In addition to giving notice of alleged violations, the Housing Inspector may appropriately placard such non-residents 1 structures that have been determined to be in violation of any provisions of this ordinance. The placard shall include, but not be limited to, a statement that the non-residential structure is in violation of the provisions of the "Non-residential Code" of the City of Jefferson, Missouri. The Housing Inspector shall remove such placard 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 a non-residential structure is vacant at the time of placarding, it shall not be used until the violations particularized in the notice have been corrected and written approval secured from, and the placard removed by the Housing f I Inspector. 9,3. Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this ordinance, except as is provided for in Section 10.0 hereof, or in any rule or regulation adopted pursuant thereto, who is aggrieved thereby, and who believes the same to be contrary 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 Com- missioner a written petition requesting such hearing and setting forth a brief statement of the grounds therefor, 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 ithe day on which the petition was filed; provided that upon application of the etitioner, the Building Commissioner may PP P � 9 Y postpone the hearing date for a reasonable time beyond such �110-day period, if in his judgment the petitioner has submitted a I M -13- good and sufficient reason for such postponement. i� II 9.4. 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 Section 9.1 of this ordinance shall become an order if a written petition for a hearing is not filed in the office of the Building Commissioner within ten (10) days after such notice is served. 9.5. The proceedings at such hearing, including the findings and decision 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 connection with the matter. Appeals from the decision of the Building Commissions may be made to the Board of Minimum Standards and Appeals. 9.6, Whenever the Housing Inspector 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. Notwith- standing the other provisions of this ordinance, such order shall be effective immediately. Any person to whom such order is jdirected shall comply therewith immediately, but upon petition to the Building Commissioner, 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 10.0. Standards for Condemnation and Legal Procedure for Correction. 10.1. The designation of non-residential structures as unfit for human use and the procedure for correction of such unfit non-residential structures shall be carried out in compliance with the following requirements. 10.2. The Housing Inspector may determine that a non- residential structure is unfit for human use if he finds that conditions exist which are dangerous or injurious to the health, I i� . -14- safety or morals of the occupants, the occupants of neighboring structures or other residents of the City, or if such conditions have a blighting influence on properties in the area. Such con- ditions may include the following without limitation: I (1) Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base. (2) Those which, exclusive of the foundation, show thirty-three (33) per cent or more of damage or deterioration of the supporting member or members, or fifty (50) per cent of damage or deterioration of the non-supporting enclosing or outside walls or covering. (3) Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used. (4) Is in such condition as to be damaged, decayed, dilapidated, unsanitary, unheatable, unsafe, or vermin-infested that it is liable to be an immediate danger to the lives or safety of persons. (5) By reason of the lack of illumination, ventilation, or sanitary facilities, it is in such condition as to jeopardize the 'lives or safety of persons . (6) By reason of its general condition, or lack of proper maintenance, or failure to provide proper and required safety devices or measures, or failure to be secured against unauthorized entry it is liable to jeopardize the lives or safety Hof persons. I The determination 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 Isections of this ordinance; or are continued violations of such standards. The Housing Inspector and the Fire Inspector shall cooperate in determining that non-residential structures are unfit for human use where fire regulations are applicable. Such applicable regulations may include those pertaining to dilapidatio , disrepair, building and zoning violations, fire hazards and in-- I adequate ingress and egress. i 10.3. Whenever a petition is filed with the Housing l Inspector by at least five (5) residents of the City, charging Ithat any non-residential structure is unfit for human use, or ; whenever it appears to the Housing Inspector (on his own motion) !i !; that any non-residential structure is unfit for human use, he 1! shall, if his preliminary investigation discloses a basis for I I -15- such charges, issue and cause to be served upon the owner, every mortgagee of record, and all parties in interest, a complaint stating the charges in that respect. Such complaint shall contain a notice that a hearing will be held before the Building Commis- sioner 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. 10.4. If, after such notice and hearing, the Building Commissioner determines that the non-residential structure under consideration is unfit for human use, he shall state in writing hi 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 repai , alter or improve such non-residential structure to render it fit for human use, or to vacate and close the non-residential structur , or to remove or demolish such non-residential structure. 10.5. If the owner fails to comply with an order to repair, alter or improve or to vacate and close a non-residential structure, the Building Commissioner may cuase such non-residentia structure to be repaired, altered, or improved or to be vacated or closed; or if the owner fails to comply with an order to remove ior demolish the non-residential structure, fhe Building Commis- i� sioner may cause such non-residential structure to be removed or demolished. 10.6. 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 Counci , which shall order special tax bills to be issued and the amount du shall thereupon become a lien against the real property upon which such cost was incurred. If the non-residential structure is removed or demolished by the Building Commissioner, he shall sell the materials and shall credit the proceeds of such sale against the cost of the removal or demolition, and if there be any balance remaining, it shall be paid to the parties entitled thereto. 10.7. Complaints or orders issued by the Building Commis- sioner and/or the Housing Inspector pursuant to Section 10.0 of t this ordinance shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is i� i� �j I --16- ' r unknown and the same cannot be ascertained by the Housing Inspector in the exercise of reasonable diligence, and the Housing Inspector Am 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 or order shall have the same force and effect as other lis pendens notices provided by law. SECTION 11.0. Board of Minimum Standards and Appeals to Hear and Decide Appeals . 1.1.1. The Board of Minimum Standards and Appeals shall have jurisdiction 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 Minimum 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. 1 SECTION 12.0. LApReals to be Made to Board of Minimum ( Standards and Appeals Time of Filing; Fee; Notice and Record to be Submitted. it12. 1. Appeals may be taken to the Board of Minimum 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 (30) days after the decision his rendered by filing with the Building Commissioner a written notice of appeal specifying the grounds therefor accompanied by a docket fee of Ten ($10.00) Dollars. 12. 2. The Building Commissioner shall forthwith submit to ' the Board a copy of such notice of appeal together with all the fi !'' papers constituting the record upon which the action appealed '! from is taken. li I! i i' SECTION 13.0. Appeal to Stay Repairs; Exceptions; Copies of I�! Inspections May be Requested. 1� �f I+ 1 i �1 I NEW yy -17- • 13.1. 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. 13 .2. It shall be the duty of the Building Commissioner to furnish the Board of Minimum 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 14.0. Board of Minimum Standards and Appeals to Fix ( Time and Place for Hearings; Notice. 14.1. The Board of Minimum 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 (10) days nor more than twenty (20) 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 attorney of record. SECTION 15 .0. Power of Board. 15.1. In exercising the powers enumerated in this ordinance the Board of Minimum Standards and Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made. SECTION 16 .0. Board to Act by Majority Vote; When Action of Board to Become Effective; Decision of Board Open to Public Inspection. 16.1. The Board of Minimum Standards and Appeals shall act by majority vote and a quorum shall consist of at least three (3) 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 I 1has been spread upon its minutes. Such resolution, immediately following the Board' s final decision, shall be filed in the office ® 11of the Board and shall be open to public inspection. (i SECTION 17A. Review of Decisions; Disposition of Docket Fee i I.I f it 17 .1. Any decision of the Board under this chapter shall be subject to review by a writ of certiorari. from any court of competent jurisdiction. 17 .2. In no case shall the appellant be liable for any expenses incurred prior to court review for surveys, investigation or hearings of the Board. 17.3. 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 18.0. Penalties. 18.1. 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 $25.00 nor more than $100.00, and each day's violation shall constitute a separate offense. SECTION 13.0. 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 20.0. Effective Date. 20.1. This ordinance shall take effect from and after its �! passage and approval. Passed: Approved: a6 / I P s ' ent of the Council U r Attest: i City C1 rk t 1� I' I f