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HomeMy WebLinkAbout1976-03 - Creation of Housing CodeBILL NO. 7l0- 3 ORDINANCE NO. AN ORDINANCE CREATING A HOUSING CODE FOR THE CITY OF RIVERSIDE, MISSOURI; PROVIDING MINIMUM HEALTH AND SAFETY STANDARDS FOR DWELLING HOUSES INCLUDING SPECIFICALLY BUILDINGS AND MOBILE HOMES; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR THE DESTRUCTION AND DEMOLITION OF DWELLING UNITS FOUND TO BE IN VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE CREATION OF A LIEN ON SAID DEMOLITION AND PROVIDING CRIMINAL PENALTIES FOR THE VIOLATION OF THIS ORDINANCE. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. TITLE. This ordinance shall be known as the "Housing Code" of the City of Riverside, Missouri; and may be cited as such and will be referred to hereafter as "The Housing Code". Section 2. PURPOSE. The purpose of this code is to provide minimum requirements for the protection of life, - limb, health, property, safety and welfare of the general public and the owners and occupants of residential and non- - residential buildings. Section 3. SCOPE. The provisions of this code shall apply to all buildings and mobile homes or portions thereof used or designed or intended to be used, for human habitation or human occupancy. Every building in the premises on which it is situated shall comply with the provisions of this code, whether or not such building or mobile home shall have been constructed, altered or repaired before or after the enactment of this housing code. This code establishes minimum standards for the initial and continued occupancy and use of all such buildings or mobile homes and not replace or modify standards otherwise established for the construction, repair, alteration or-use of the building, mobile home, equipment, or facilities contained therein. Section 4. ENFORCEMENT. The Director of Public Safety is hereby authorized and directed to administer and enforce all of the provisions of this code. Section S. SUBSTANDARD BUILDINGS. All buildings or mobile homes or portions thereof which are determined to be substandard as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal ~n accordance with the procedure specified in this code. Section 6. VIOLATIONS. No person, firm or corporation whether it is owner, lessee, sublessee, or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building, mobile home or premises,. or cause to permit the same to be done, contrary to or in violation of any of the provisions of this code or any order issued by the Director of Public Safety hereunder. Any person violating the provisions of this section shall be guilty of a misdemeanor for each day such violation continues. _ Section 7. ROOM DIMENSIONS. Habitable rooms, storage rooms, and laundry rooms shall have a ceiling height of not less than seven feet six inches (7'6") for ceiling heights above ground level and six feet (6') for those below ground level. Hallways, corridors, bathrooms and toilet rooms shall have a ceiling height of not less than seven feet (7') measured to the lowest projection from the ceiling. If a room in a building or mobile home has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half the area thereof. No portion of the room measuring less than five feet (5') from the finished floor to the finished ceiling shal•1 be included in any computation of the minimum area thereof. If any room has a third ceiling, the prescribed ceiling height is required in two-thirds of the area thereof but in no case shall the height of the third ceiling be less than seven feet (7'). Each dwelling unit shall have at least one (1) room which will have not less than one hundred twenty (120) square feet of superficial floor area. Every room which is used for both cooking and living or both living and sleeping purposes shall have not less than one hundred fifty (150) square feet of superficial floor area. No habitable room shall be less than seven feet (7') in any dimension and no water closet space less than thirty inches (30") in width and shall have a clearance space in front of the water closet not less than twenty-four inches (24"). Section 8. LIGHT AND VENTILATION. All guest rooms, dormitories, and habitable rooms within a dwelling unit shall be provided with natural light by means of windows or skylights with an area of not less than one-tenth (1/10) of the floor area of such rooms. All bathrooms, water closet compartments, laundry rooms, and similar rooms shall be provided with natural ventilation by means of openable windows or skylights with an area of not less than one-tenth (1/10) of the floor area of such rooms with a minimum of three (3) square feet. Not less,,; than one-half (1/2) of the required window or skylight„~area shall be openable to provide natural ventilation. In lieu of openable windows for natural ventilation, a mechanical ventilation system may be provided. Such system shall be capable of providing two air changes per hour in all guest rooms, dormitories, habitable rooms, and in public corridors. One-fifth (1/5) of the air supply ~- shall be taken from the outside. In bathrooms, water closet compartments, laundry rooms, and similar rooms a mechanical ventilation system connected directly to the outside, capable of providing five air changes per hour, shall be provided. All public hallways, stairs, and other exitways shall be adequeately lighted at all times in order to insure the safety of the public and the occupants. Section 9. INADEQUATE SANITATION. Inadequate sanitation shall include, but not be limited to, the following: a. Lack of, or improper water closet, lavatory, bathtub, or shower in a dwelling unit. b. Lack of, or improper water closet, lavatory, and bathtubs or showers per number of guests in a hotel or motel. - c. Lack of, or improper kitchen sink and storage facilities. d. Lack of hot and cold running water to plumbing • fixtures in a hotel or motel. e. Lack of hot and cold running water to plumbing fixtures in a dwelling unit. f. Lack of adequate heating facilities. g. -Lack of, or improper operation of required ventilating equipment. h. Lack of minimum amounts of natural light and ventilation required by this code. i. Room and space dimensions less than required by this code. j. Lack of required electrical lighting. k. Dampness of habitable rooms. 1. Infestation of insects, vermin or rodents as determined by the Director of Public Safety. m. General dilapidation or improper maintenance. n. Lack of connection approved private or public sewer disposal system. o. Lack of adequate garbage and rubbish storage and removal facilities as determined by the Director of Public Safety. p. Lack of, or improper water closet and lavatory facilities in nonresidential structures. Section 10. HEATING AND VENTILATION. Every dwelling unit and guest room shall be provided with heating facilities ~__ capable of maintaining .a room temperature of 70 degrees fahrenheit at a point three feet (3') above the floor in all habitable rooms. Such facilities shall be installed and maintained in a safe condition and in accordance with the building code, and all other applicable laws. No unvented fuel-burning heaters shall be permitted. All heating devices or appliances shall be of an approved type. All electrical equipment, wiring, and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws including any building code. Where electrical power is available within three hundred feet (300') of the premises of any building or mobile home, such building or mobile home shall be connected to such electrical power. Every habitable room shall contain at least two (2) supplied electric convenience outlets or one such convenience outlet and one supplied electric light fixture. Every water closet compartment, bathroom, laundry room, furnace room, and public hallways shall contain at least one (1) supplied electric light fixture. Every public hall and stairway in every building during hours accessible to public use shall be adequately lighted by natural or electric light at all times, so as to provide in all parts thereof at least six (6) foot _ candles of light at the tread or floor level. Every public hall and stairway structures containing not more than two (2) dwelling units may be supplied with conventionally located light switches controlling an adequate lighting system which may be turned on when needed, instead of full- time lighting. Convenient switches or equivalent devices for turning on one (1) light in each room or passageway shall be located so as to permit the area ahead to be lighted. Section 11. STRUCTURAL REQUIREMENTS. Buildings, mobile homes or structures may be of any type of construction permitted by the building code. Roofs, floors, walls; foundations, and all other structural components of buildings or mobile homes shall be capable of resisting any and all forces and loads to which they may be subjected. All structural elements shall be proportioned and joined in accordance with the stress limitations and design criteria as specified in the appropriate sections of the building code. Buildings or mobile homes of every permitted type of construction shall comply with the applicable requirements of the building code. Every building or mobile home shall be weather protected so as to provide shelter for the occupants against the elements and to exclude dampness. All wood shall be protected against termite damage and decay as provided in the building code. Every accessory structure shall be structurally sound, be designed and constructed to prevent rodent harborage and be maintained in good repair. Every house shall have at least two (2) exits. Section 12. FAULTY WEATHER PROTECTION. Faulty weather protection shall include but not be limited to the following: a. Deteriorated, crumbling or loose plaster. b. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors,- in- cluding broken windows or doors. c. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. l" d. Broken, rotted, split, or buckled exterior wall coverings or roof coverings. Section 13. FIRE HAZARD. Any building, mobile home, or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the Director of Public Safety, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. Section 14. HAZARDOUS OR UNSANITARY PREMISES. Those premises on which there is an accumulation of: a. junk, or b. garbage, or c. rat harborage, or d. stagnant water, or e. combustible materials, or f. unused personality, or g. debris, or h. dead organic matter, or i. accumulation of weeds, or j, similar materials or conditions constituting fire, health, or safety hazards, are deemed hazardous or unsanitary premises. Section 15. IMPROPER OCCUPANCY. All buildings, mobile homes, or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies. Section 16. NOTICE AND HEARING. Whenever the Director - of Public Safety has inspected or caused to be inspected any building or mobile home and has found and determined that such building or mobile home is in violation of this code, the Director of Public Safety may issue a notice directed to all persons whose names appear on the records of the County or City as owners. Said notice shall contain the street address of the premises upon which the building or mobile home is located, a statement that the Director of Public Safety has found the building or mobile home to be in violation of this code and a brief and concise factual description of the conditions found to render the building or mobile home in violation of this code and the date that the hearing shall be had before the Mayor and Board of Aldermen as to whether the building or mobile home is in violation of the code. Service of the notice shall be made upon all persons entitled thereto in accordance with the requirements of the Missouri Rules of Civil Procedure. Proof of service of the notice shall be certified to at the time of service by written declaration that a penalty of perjury executed by the person effecting service, declaring the time, date, and manner in which service was made. The declaration, together, with any proof of constructive service shall be "" affixed to the copy of the notice and retained by the Director of Public Safety. A copy of the notice shall also be posted upon the property alleged to be in violation of this code in a place open to public view. A hearing shall be had before the Mayor and Board of Aldermen as to whether the building or mobile home is in violation of this code. Said hearing shall be at the first special or regular meeting of the Mayor and Board of Aldermen subsequent to the service of the notice on all persons entitled thereto. However, said hearing shall not take place within ten (10) days subsequent to the obtainment of the service on the parties. At the hearing, the Director of Public Safety by and through the City Attorney, or his delegate, shall have the burden of proof as to whether the building or mobile home is in violation of any of the provisions of this code. Proof of the alleged violations must be established by a preponderance of the evidence. The defendant or defendants shall have all rights at the hearing afforded by law. All evidence shall be admissible at the hearing so long as the evidence is relevant, _ material and not privileged. At the conclusion of all the evidence, the Mayor and Board of Aldermen shall determine by a majority vote as to whether the building or mobile home is in violation of this code. Section 17. PROCEDURE UPON FINDINGS THAT BUILDING OR - MOBILE HOME IS IN VIOLATION OF THIS CODE. Should the Mayor and Board of Aldermen determine at the hearing that the building or mobile home is in violation of this code, the Mayor and Board of Aldermen shall issue an order that the building or mobile home be repaired, rehabiliated, vacated or demolished. A copy of the order shall be mailed or served upon all parties entitled thereto. Section 18. COMPLIANCE. The order of the Mayor and Board of Aldermen directing that the building or mobile home be repaired, rehabiliated, vacated or demolished, must be complied with within thirty (30) days after the mailing or service of the order. Section 19. PENALTIES AND REMEDIES. Any person who fails to comply with any order of the Mayor and Board of Aldermen issued under the provisions of this code shall be guilty of a misdemeanor and fined a sum not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the city jail for a term not exceeding ninety (90) days or by both said fine or imprisonment. The Director of Public Safety may, in addition to any other remedy herein provided, cause the building or mobile home to be repaired to the extent necessary to correct the conditions which render the building or mobile home in violation of this code as set forth in the order of the Mayor and Board of Aldermen; or, if the order requires demolition, to cause the building or mobile home to be demolished, and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof shall be a lien against the property and the same may be recovered as provided by law. In addition to the afore- said remedies, any remedy of law or in equity including specifically injunctive relief is reserved by the city. Section 20. EXTENSION OF TIME TO PERFORM WORK. Upon receipt of an application from any person required to conform to the order and an agreement by such person that he will comply with the order if allowed additional time, the Mayor and Board of Aldermen, may, in their discretion, grant an extension of time within which to complete said repair, rehabilitation, vacation or demolition. Section 21. INJUNCTIVE RELIEF. The City may proceed by direct injunctive relief or by prosecution in the city court without complying with the provisions of Sections 16, 17 and 18 of this ordinance. Section 22. VALIDITY OF PRIOR ORDINANCES. This Ordinance shall be deemed to be in addition to and not in lieu of any other ordinance or ordinances in effect at the time of adoption of this ordinance. Section 23. SEVERABILITY AND VALIDITY. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this ordinance, which shall remain in full force and effect; and to this end the provisions of this ordinance are hereby declared to be severable. Section 24. DESIGNED shall be designated Chapter Riverside, Missouri and the the operative provisions of place. PASSED THIS ~~ DAY CHAPTER 9 OF CODE. This ordinance 9 in the Code of the City of City Clerk is directed to place this ordinance in the appropriate OF ~ , 197. MAYO ATTEST: C TY CL K APPROVED THIS ~ DAY OF ~ _ , 197 MAY ~. ~~~