Loading...
HomeMy WebLinkAbout2002-057 - Amendments to Chapter 490 of the Municipal CodeBILL NO. 2002- ` t ORDINANCE NO. 2002-_ AN ORDINANCE AMENDING THE RIVERSIDE CITY CODE BY ADDING CHAPTER 490 REGARDING A PROPERTY MAINTENANCE CODE WHEREAS, the City of Riverside, Missouri is charged with protecting the public, health, safety and welfare, and desires to do so fairly and responsibly. WHEREAS, the City desires to implement mechanisms intended to attract commercial investmenC and business. WHEREAS, the City desires to implement mechanisms which will encourage maintenance of property is an orderly and effective nature and which will allow the community to maintain an attractive nature and appearance, and which will foster increased property values. WHEREAS, the International Code Council has developed and promulgated the 2000 edition of the International Property Maintenance Code which governs the maintenance of existing buildings. WHEREAS, the City desires to adopt certain portions of the International Property Maintenance Code to further its desires and intentions set forth above. NOW, THEREFORE, be it ordained by the Board of Aldermen of Riverside, Missouri: Section 1. The Municipal Code of the City of Riverside, Title IV. Land Use, is hereby amended by the addition of Chapter 490: Property Maintenance Regulations, which shall read as follows: CHAPTER 490: PROPERTY MAINTENANCE REGULATIONS SECTION 490.010: TITLE These regulations shall hereafter be known, cited and referred to as the "Propert~~ Maintenance Regr~{latrons of the Ciry of Riverside, Missouri." SECTION 490.020: SCOPE & 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, excepted where specil7cally 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 490.030: DEFINITIONS For purposes of these Property Maintenance Regulations, the following word and terms as used herein are defined to have those meanings provided below. Any terms not defined by this Section 490.030 shall have that meaning provided in Section 405.070: EXTERIOR PROPERTY: The open space on the premises and on the adjoining property under the control of owners or operators of such premises. EXTERMINAT[ON: 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 tall 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 slructw-e or premises which is let or offered for occupancy. OWNER: Any person, agent, operator, firm or corporation having a Icgal 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 conh•ol 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 a one- 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 noncombustible waste materials, except garbage; the teen 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. C:AUunnnen~s and SeuingsVIrusickVLncal Servings\Tempnrary Imerne~ 2 YilcsVOLK7AKO?55918.DOC 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 fi-om, any space. SF,CTION 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-occupanC 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 sate condition that part of the dwelling unit or premises which they occupy and control. SECTION 490.050: 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 heald~ or safety. SECTION 490.060: 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. 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 slate 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 of ten (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 undcrstock for cultivated roses, Canada thistle (Cirsium arvense), musk thistle (Carduus nutans L.), Scotch thistle (Onoprodum acanthium L.), purple C:ADocuman. and Scuings\trusickVLocul Settings\Tcnyrzxury Intemcl 3 Pi IcsVOLK7AK0255918. DOC loosestrife (Lythrum 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 fi-ee from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by accepted processes which will not be injw~ious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation. 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. Gates. Gates must be kept closed, latched and maintained in accordance with Section 500.010 of this Code. 2. Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. 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. 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 490.070: F,XTERIOR 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 (':ADucumenls and Seltin_~AInuickVLocnl ScuingsV'I~empnrury INCrne~ Q. PilesVO LK 7AK(13i5918. DOC protective covering or treatment Peeling, flaking and chipped painC 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 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). D. Structural Members. All structural members shall be maintained free fi-om deterioration, and shall be capable of safely supporting the imposed dead and live loads. E. Foundaxion 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 enhy of rodents and other pests. F. Erterior~ 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. Decoran~ve Features. All cornices, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in hood repair with proper anchorage and in a safe condition. 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 fi-om the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. J. Stairtivcrys, 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. CADucumen~s anA Sc~linpsVIrtisickVLucnl SMlingsV'Pc mporary Inmrnct S filesVOLK7AK02~5918DOC K. Chimne~~s and Toiti~ers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structw~ally 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 of weather-coating materials, such as paint or similar surface treatment. L. Handrails and Guards. Every handrail and guard shall he firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. M. Window, Skylight and Door Frances. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. N. Gla<ing. All glazing materials shall be maintained free from cracks and holes. O. Openable Wiiulovti~s. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. P. b2sect Screens. During the period from April 1 to October 31, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, 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 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 490.070(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. Dooc•s. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms 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 490.080: INTERIOR STRUCTURE A. General. The provisions of this Section 490.080 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 sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a C:AUocumenls ;mA $euingsU nisickVLocul SclGngsCfempnrup~ Imemel 6 FilesVOLK7AK03 X591 fr.DOC structure containing a rooming house, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. B. Strucnr~ral Members. All structural members be maintained structurally sound, and be capable of supporting the imposed loads. C. Intei-ior• Surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, t7aking, or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, decayed wood, and ocher defective surface conditions shall be corrected. D. Stairs mid Walking Surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. E. Hm1dr-ails and Guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. F. h~terior 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 manufactw•er of the attachment hardware. SECTION 490.090: RUBBISH AND GARBAGE A. Accumi~datron qf' Rubbish nr- 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 stall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in acceptable containers. 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. Garbage facilities. The owner of every dwelling shall supply one of the following: an acceptable mechanic food waste grinder in each dwelling unit; an acceptable incinerator unit in the structure available to the occupants in each dwelling unit; or an acceptable leak-proof, covered, outside garbage container. 2. Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, acceptable leak-proof containers C'.ADocumentc nnA ServingsAIrusickVLucal SeuingsCPempor~p~ Internet 7 FilesVOLK7AK03~591RDOC provided with close-fitting covers for the storage of such materials until removed from the premises for disposal. SECTION 490.100: EXTERMINATION A. htfestation. All structw-es shall be kept fi-ee 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 reinfestalion. B. Owner-. The owner of any structure shall be responsible for extermination within the structure prior to renCing or leasing the structure. C. Single Occupant. The occupant of aone-family dwelling or of asingle-tenant nonresidential structure shall be responsible for extermination on the premises. D. Multiple Occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential 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. Occupmit. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure. Exception: Where the infestations are caused by defects i^ the structure, the owner shall be responsible for extermination. Section 2. This ordinance shalj take effect immediately. i (/~ Passed this day of ~ , 2002. Betty Bu ~h, Mayor ATT T: / , ~, `~ CITj CLERK C:ADnnimrnls and ScltinE.AlradckVLocal SruingsV'I~c mpuro q- INCYncI Pi IcsVOLK7AKU25~91 R. DOC