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.
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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.
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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.
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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.
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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
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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.
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`` 4. 22. "Premis+es" . shall mean a lot, plot, or parcel of land,
i. including the dwelling and structures located thereon.
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MM 4.23. "Refuse"" , shall mean all cardboard, plastic, metal or
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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.
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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,
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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.
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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
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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.
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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.
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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,
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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.
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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.
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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.
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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.
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5.30. Basements and Basement Rooms, Cellars and Cellar Rooms:
�jAll basements, basement rooms, cellars and cellar rooms shall be
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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
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Isimilar materials, and from all vermin or rodent infestation and !
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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
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, 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
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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;
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(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
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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
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postpone the hearing date for a reasonable time beyond such
�110-day period, if in his judgment the petitioner has submitted a
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good and sufficient reason for such postponement.
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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,
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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.
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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.
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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)
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shall, if his preliminary investigation discloses a basis for
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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
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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
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!'' papers constituting the record upon which the action appealed
'! from is taken.
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i' SECTION 13.0. Appeal to Stay Repairs; Exceptions; Copies of
I�! Inspections May be Requested.
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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
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1has been spread upon its minutes. Such resolution, immediately
following the Board' s final decision, shall be filed in the office
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11of the Board and shall be open to public inspection.
(i SECTION 17A. Review of Decisions; Disposition of Docket Fee
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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 /
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P s ' ent of the Council U r
Attest:
i City C1 rk
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