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HomeMy WebLinkAbout2007-049 - Amendment of "Title II: Public Health, Safety, and Welfare" of the Municipal Code1. BILL N0.2007-49 ORDINANCE N0.2007-49 AN ORDINANCE AMENDING "TITLE II: PUBLIC HEALTH, SAFETY, AND WELFARE OF THE MUNICIPAL CODE OF THE CITY OF RIVERSIDE, MISSOURI BY AMENDING CHAPTER 227 AND CREATING CHAPTER 229: PROPERTY MAINTENANCE REGULATIONS WHEREAS, the City of Riverside, Missouri (the "City") and its staff have conducted a comprehensive review of the City's Municipal Code (the "Code") sections regazding property maintenance regulations; and WHEREAS, the Board of Aldermen has determined it to be in the City's best interests to accept the Planning & Zoning Commission's recommendation and adopt the proposed amendments; and WHEREAS, the City staff and the Board of Aldermen have reviewed, examined and deemed adoption of the amendments to be advisable and in the City's best interests for the promotion of the health, safety and welfare of the residents of the City. NOW, THERFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1: Riverside Municipal Code Chapter 227: Code Enforcement" shall be amended as follows: SECTION 227:010: PURPOSE AND AUTHORITY A. Purpose: This Chapter provides the regulations and procedures for enforcement of this Code as related to Chapter 215: Nuisances, Section 215.060: Damaged and Disabled Vehicles, and Chapter 225, Article II: Litter, and Chapter 229: Property Maintenance Regulations. SECTION 227.020: DEFINITIONS For purposes of this Chapter, the following terms shall have the following meanings: DAMAGED OR DISABLED VEHICLE: Any vehicle which is not registered or is improperly registered with the State of Missouri; has been inoperable on public property for more than forty-eight (48) hours or is in such a state of disrepair as to be inoperable except those on the premises of a duly licensed automobile repair or sales business or in a duly licensed automobile junking yazd. JUNK: Any metal, glass, paper, rags, wood, machinery parts, cloth, or other waste discazded material of any nature or substance whatsoever, or scrap or salvage materials. NAMED PERSON: That person or persons specifically identified in any notice generated and served pursuant to Section 227.050 including, but not limited to, *. ~ ~ .. the owner, tenant, lessee or occupant or his agent, employer or manager or other person having charge of doing business in or occupying any house or building of any kind or any vacant lot, yard or piece of ground. NOTICE: Any writing served upon any person which is generated pursuant to and complies with Section 227.050, Section 227.060(B) or Section 227.070(A). ORDER: Any written determination issued by the Board of Aldermen or the Codes Enforcement Officer pursuant to Section 227.060(C) or Section 227.070(B). OTHER INTERESTED PERSONS: Any person not named in a notice who possesses an interest in the property which is the subject of an investigation, hearing and/or order pursuant to this Chapter including, but not limited to, the owner, tenant, lessee or occupant or his agent, employer or manager or other person having charge of, doing business in or occupying any house or building of any kind or any vacant lot, yard or piece of ground, and those with a fee, tenancy, lease, license or reversion interest. VIOLATION: Any item, article, object, event, occurrence, situation or circumstance which constitutes a violation of the following Code provisions: 1. Section 215.030, Nuisances Prohibited. 2. Section 215.050, Above Ground Motor Fuel Storage. 3. Section 215.060, Damaged and Disabled Vehicles. 4. Section 215.070, Hazardous Trees. 5. Section 215.080, Stables, Sheds, Buildings, Etc. 6. Section 215.090, Malfunctioning Private Sewage Disposal Systems. 7. Section 215.100, Interfering With Any Gutter, Sewer or Natural Drainage. 8. Section 215.110, Water Pollution. 9. Section 215.120, Painting Signs on Property Without Consent of the Property Owner. 10. Section 215.130, Unnecessary Noise. 11. Section 225.090--Section 225.170, Litter. 12. Chapter 229, Property Maintenance. r ~ ~ 'I f Section 2. Riverside Municipal Code "Title II: Public Health, Safety, and Welfare" shall be amended by adding Chapter 229: Property Maintenance Regulations as follows: CHAPTER 229: PROPERTY MAINTENANCE REGULATIONS SECTION 229.010: TTTLE These regulations shall hereafter be known, cited and referred to as the "Property Maintenance Regulations of the City of Riverside, Missouri". SECTION 229.020: SCOPE AND ENFORCEMENT The provisions of this Chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, buildings, equipment and exterior property in districts zoned commercial, residential and industrial, except where specifically exempt. The provisions of this Chapter shall be enforced, and violations of the same shall be penalized in accordance with and pursuant to Chapter 227 of this Code. SECTION 229.030: DEFINITIONS For purposes of these property maintenance regulations, the following words and terms as used herein are defined to have those meanings provided below. Any terms not defined by this Section 229.030 shall have that meaning provided in Section 400.1090 EXTERIOR PROPERTY: The open space on the premises and on the adjoining property under the control of owners or operators of such premises. EXTERMINATION: The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other acceptable pest elimination methods. GARBAGE: The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. GUARD: A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. INFESTATION: The presence, within or contiguous to, a structure or premises, of insects, rats, vermin or other pests. OCCUPANCY: The purpose for which a building or portion thereof is utilized or occupied. OCCUPANT: Any individual living or sleeping in a building or having possession of a space within a building. OPERATOR: Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. OWNER: Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the State, County or the City as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PERSON: An individual, corporation, partnership or any other group acting as a unit. PREMISES: A lot, plot or parcel of land including any structures thereon. ROOMING HOUSE: A building arranged or occupied for lodging, with or without meals, for compensation and occupied as aone- or two-family dwelling. ROOMING UNIT: Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. RUBBISH: Combustible and non-combustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. TENANT: A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. VENTILATION: The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. SECTION 490.040: RESPONSIBILITY The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in the Code. A person shall not occupy as owner-occupant or permit another person to occupy premises or dwellings which are not in a sanitary and safe condition and which do not comply with the requirements of this Chapter. Occupants of a dwelling unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit or premises which they occupy and control. SECTION 229.050: VACANT STRUCTURES AND LAND All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SECTION 229.060: EXTERIOR PROPERTY AREAS A. Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. B. Grading And Drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon or within any structure located thereon. 1. Exception. This Section shall not apply to retention areas and reservoirs constructed pursuant to a site development plan approved by the Board of Aldermen. C. Sidewalks And Driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions. D. Weeds. All premises and exterior property shall be maintained free from grasses, weeds or plant growth in excess often (10) inches. All noxious weeds shall be prohibited. "Weeds" shall be defined as all annual plants and vegetation, other than trees or shrubs; provided, however this term shall not include flowers, grasses or gardens cultivated on a regular basis. "Noxious weeds" shall be those weeds which are harmful to health or safety or destroy or damage other plants and shall include, but shall not be limited to, bindweed (Convolvulus arvensis), Johnson grass (Sorghum halepense), multiflora rose (Rosa multiflora) except when cultivated for or used as understock for cultivated roses, Canada thistle (Cirsium arvense), musk thistle (Carduus nutans L.), Scotch thistle (Onoprodum acanthium L.), purple loosestrife (Lythnam salicaria), and any other weed designated as noxious by the rules and regulations promulgated by the State of Missouri's Director of the Department of Agriculture. E. Rodent Harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by accepted processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. F. Exhaust Vents. Pipes, ducts, conductors, fans or blowers shall not discharge harm- or damage-causing gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. G. Accessory Structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. 1. Gates. Gates must be kept closed, latched and maintained in accordance with Section 500 of this Code. 2. Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition and in good repair. i H. Motor Vehicles. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises and no vehicle shall at any time be in a state of major disassembly, disrepair or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an acceptable spray booth. 1. Exception. A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and licensed for such purposes. I. Defacement Of Property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an acceptable state of maintenance and repair. SECTION 229.070: EXTERIOR STRUCTURE A. General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. B. Protective Treatment. All exterior surfaces, including, but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted with a color and covering which is consistent and uniform with the surrounding coloring and covering. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors and skylights shall be maintained weather resistant and watertight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. C. Premises Identification. Buildings shall have address numbers assigned by the City placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four (4) inches (102 mm) high with a minimum stroke width of one-half (0.5) inch (12.7 mm). D. Structural Members. All structural members shall be maintained free from deterioration and shall be capable of safely supporting the imposed dead and live loads. i' i i "I I ' E. Foundation Walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. F. Exterior Walls. All exterior walls shall be free from holes, breaks and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. G. Roofs And Drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. H. Decorative Features. All cornices, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. I. Overhang Extensions. All overhang extensions including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application ofweather-coating materials such as paint or similar surface treatment. J. Stairways, Decks, Porches And Balconies. Every exterior stairway, deck, porch and balcony and all appurtenances attached thereto shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. K. Chimneys And Towers. All chimneys, cooling towers, smokestacks and similar appurtenances shall be maintained structurally safe and sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application ofweather-coating materials such as paint or similar surface treatment. L. Handrails And Guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. M. Window, Skylight And Door Frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. N. Glazing. All glazing materials shall be maintained free from cracks and holes. O. Openable Windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. P. Insect Screens. During the period from April first (1st) to October thirty- first (31st), every door, window and other outside opening required for ventilation or habitable rooms, food preparation areas, food service azeas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with acceptable tightly fitting screens of not less than sixteen (16) mesh per inch (16 mesh per 25 mm) and every swinging door shall have aself-closing device in good working condition. 1. Exception 1: This Section 229.070(P) shall not apply to residential dwellings. 2. Exception 2: Screen doors shall not be required where other acceptable means, such as air curtains or insect repellent fans, are employed. Q. Doors. All exterior doors, door assemblies and hardwaze shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guest rooms shall tightly secure the door. R. Basement Hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. S. Guards For Basement Windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other acceptable protection against the entry of rodents. SECTION 229.080: INTERIOR STRUCTURE A. General. The provisions of this Section 229.080 shall apply to all structures, premises and interior structures except single-family dwellings. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitazy condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, a hotel, a dormitory, two (2) or more dwelling units or two (2) or more non-residential occupancies shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. B. Structural Members. All structural members shall be maintained structurally sound and be capable of supporting the imposed loads. C. Interior Surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. D. Stairs And Walking Surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. E. Handrails And Guards. Every handrail and guazd shall be finely fastened and capable of supporting nonnally imposed loads and shall be maintained in good condition. F. Interior Doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. SECTION 229.090: RUBBISH AND GARBAGE A. Accumulation Of Rubbish Or Garbage. All exterior property and premises and the interior of every structure shall be free from any accumulation of rubbish or garbage. B. Disposal Of Rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in acceptable containers. 1. Rubbish storage facilities. The owner of every occupied premises shall supply acceptable covered containers for rubbish and the owner of the premises shall be responsible for the removal of rubbish. C. Disposal Of Garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an acceptable garbage disposal facility or acceptable garbage containers. 1. Garbage facilities. The owner of every dwelling shall supply one (1) ofthe following: a. An acceptable mechanic food waste grinder in each dwelling unit; b. An acceptable incinerator unit in the structure available to the occupants in each dwelling unit; or c. An acceptable leakproof, covered outside garbage container. 2. Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, acceptable leakproof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal. SECTION 229.100: EXTERMINATION A. Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by acceptable processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation. B. Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure. C. Single Occupant. The occupant of aone-family dwelling or of a single- tenant non-residential structure shall be responsible for extermination on the premises. D. Multiple Occupancy. The owner of a structure containing two (2) or more dwelling units, a multiple occupancy, a rooming house or anon-residential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination. E. Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure. 1. Exception. Where the infestations are caused by defects in the structure, the owner shall be responsible for extermination. Section 3. The provisions of the Municipal Code of the City of Riverside, Missouri amended herein shall not be construed to revive any former ordinance, clause or provision of the Municipal Code of the City of Riverside, Missouri. Section 3. The sections, paragraphs, clauses, and phrases of the Ordinance are severable and if any portion of the Ordinance is declared unlawful by the valid judgment, decree, or injunction order of a court of competent jurisdiction, such ruling shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of the Ordinance and all provisions of the Ordinance not specifically declared to be unlawful shall remain in full force and effect. Section 4. This Ordinance overrides any conflicting provision or regulation within the Municipal Code of the City of Riverside, Missouri. Section 5. This ordinance shall take effect immediately. Passed this day of May, 2007. ~~~~~~~~ ayor Kathleen L. Rose T . 'ty Clerk