Fayette Occupancy Permits ordinance (§ 500.230)

A. Purpose. The purpose of this Article is to protect the public health, safety and general welfare of the people in the City in non-owner occupied dwellings, including:

1. To protect the character and stability of residential areas.

2. To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social well-being of persons occupying dwellings.

3. To provide minimum standards for cooking, heating, and sanitary equipment necessary for health and safety.

4. To provide minimum standards for light and ventilation necessary for health and safety.

5. To prevent the overcrowding of dwellings by providing minimum space standards per occupant for each dwelling unit.

6. To provide minimum standards for the maintenance of existing residential buildings and to thus prevent slums and blight.

7. To preserve the value of land and buildings throughout the City.

8. With respect to rental disputes, except as otherwise specifically provided by this Article, it is not the intention of the City to intrude upon contractual relationships between tenant and landlord. The City does not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be receptive to complaints from tenant or landlord which are not specifically and clearly relevant to the provisions of this Article. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City Government.

B. Permit Required. It shall be unlawful for any person, firm or corporation to conduct or operate or cause to be rented either as owner, lessee, agent or manager within the City any rental units used for human habitation without having first obtained a permit to do so as provided in this Article. A unit is a family occupancy, or a sleeping room of a facility, a boardinghouse, or a dwelling. This Article shall not apply to hospitals, nursing homes or other rental units used for human habitation which offer or provide medical or nursing services or hotels, motels and dormitories if such units are subject to other City, State or Federal licensing or regulations concerning the safety of the users, patients or tenants, or where owned and inspected by the Fayette Housing Authority. The permit so issued shall state that the condition of the premises and its proposed occupation complies with all of the provisions of this Code as far as can be determined by a visual inspection of the premises and a review of the records.

C. Application. No later than the first day of March, 2004, the owner of each rental dwelling unit existing on March 1, 2004, shall make written application to the City Administrator for a permit for such use. Said application shall be on a form to be supplied by the City and containing such information as necessary to administer and enforce the provisions of, and to ensure compliance with, the provisions of this Article and the Housing Code in its entirety. In addition, the legal owner of record of each rental unit, as heretofore stated, constructed after March 1, 2004, shall make written application to the City Administrator for a permit as herein provided and receive a satisfactory rating for the property prior to any initial occupancy.

D. Issuance Of Permit. Upon completion of the inspection of the building or buildings, if the Inspector finds the requirements of the City codes and zoning ordinance have been met, a permit certifying such facts shall be issued. If the Inspector finds that the requirements of the City Code and/or zoning ordinance have not been met, a written denial specifying the defects shall be transmitted to the applicant. When a permit has been denied, expired, suspended, or revoked, no further rental and occupancy of dwelling units then vacant or which may become vacant shall be permitted until a permit has been issued. The units within a structure which are in compliance with the Housing Code requirements may continue to be occupied if units in other portions of the structure which do not comply, do not create hazard to the health and safety of the persons in the occupied units.

E. Renewal Of Permit. After the initial inspection, a permit shall be renewed upon a change of ownership and in accordance with Subsection (M) of this Section.

F. Suspension Or Revocation. A permit may be suspended upon a finding by the Inspector that one (1) or more of the requirements of the Housing Code have been violated. The Inspector shall give written notice to the permit holder of the violations of the Housing Code. Upon failure of the permit holder to correct the violations as stated in the notice of violation, the permit may be revoked in the manner provided by ordinance for the revocation of permits. The suspended permit may be reinstated upon meeting the requirements of the code.

G. Availability. Permits issued under this Section shall be produced on the request of a tenant or prospective tenant, and shall be available at reasonable times for inspection by an authorized inspector of the building.

H. Schedule Of Fees. At the time of application for the permit or for permit renewal required by this Section, the City Clerk shall collect the appropriate permit fee and inspection fee in accordance with the following schedule:

1. Single-family dwelling: $35.00.

2. Multi-family dwellings.

a. Main structure or duplex: $25.00 (main structure).

b. Individual dwelling units: $10.00 (per unit).

3. Boardinghouse.

a. Main structure or boardinghouse: $25.00 (main structure).

b. Sleeping rooms: $5.00 (per room).

I. Review Of Ordinance. As part of the monthly and annual reports the City Administrator shall report to the Board of Aldermen on the results of this program.

J. Penalty. Any person violating the provision of this Chapter shall be punished in accordance with Chapter 100, Article III, of this Code. The separate offense shall be deemed committed on each day during or on which a violation occurs or continues after the time specified for completion has expired.

K. Application Of Ordinance. Every building and its premises used in whole or in part as a rented home or rented residence, or as an accessory structure thereof, for a single family or person, and every building used in whole or in part as a rented home or rented residence of two (2) or more persons or families living in a separate unit shall conform to the requirements of this Article, irrespective of when such building may have been constructed, altered, or repaired. This establishes minimum standards for erected dwelling units, accessory structures and related premises.

L. Definitions. As used in this Article, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended.

APPROVED: A determination of compliance with all applicable City ordinances and City Code. An approval does not warrant or guarantee the safety of any structure inspected in any way.

BUILDING: A roofed and walled structure built for use as a dwelling.

CITY: The City of Fayette, Missouri.

CITY ADMINISTRATOR: Where mentioned, shall include the City Administrator or any person authorized by him/her.

DUPLEX: A building containing two (2) dwelling units.

DWELLING: A building, or portion thereof, designed or used predominantly for residential occupancy of a continued nature, including single-family dwellings, two-family dwellings, and multiple-family dwellings, but not including hotels or motels.

DWELLING UNIT: A single residential accommodation which is arranged, designed, used or, if vacant, intended for use exclusively as a domicile for one (1) family. Where a private garage is structurally attached, it shall be considered as part of the building in which the dwelling unit is located.

EXISTING STRUCTURE: Existing prior to the date of the adoption of this Article.

FAMILY An individual living as a single non-profit housekeeping unit in a dwelling unit;

2. Two (2) or more persons related by blood, marriage, adoption or foster care relationship living together as a single non-profit housekeeping unit in a dwelling unit;

3. A group of not more than four (4) persons who need not be related by blood, marriage, adoption or foster care relationship, living together as a single non-profit housekeeping unit in a dwelling unit; or

4. Two (2) unrelated individuals having a child or children related by blood, adoption or foster care relationship to both such individuals, plus the biological, adopted or foster children of either such individual, living together as a single non-profit housekeeping unit in a dwelling unit.

FLUSH WATER CLOSET: A toilet bowl flushed with water with a water sealed trap.

GARBAGE: Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

HABITABLE BUILDING: Any building or part thereof that meets minimum standards for use as a home or place of abode by one (1) or more persons.

HABITABLE ROOM: A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements (those without floor covering, ceiling covering, wall finish, required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than fifty (50) square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics.

HEATED WATER: Water heated to a temperature of not less than one hundred twenty degrees Fahrenheit (120° F) measured at faucet outlet.

INSPECTOR: The inspector(s) of the City includes Code Enforcement, Fire, Police or any other person as authorized by the City Administrator.

KITCHEN: A space which contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment, and adequate space for the storage of cooking utensils.

MULTIPLE-FAMILY DWELLING: A dwelling or portion thereof containing three (3) or more dwelling units.

OCCUPANT: Any person, including owner or operator living, sleeping, cooking and eating in a dwelling unit.

OPERATOR: The owner or his/her agent who has charge, care, control, or management of a building, or part thereof, in which dwelling unit or rooming units are let.

OWNER: Any person, partnership, firm or corporation who, alone, jointly, or severally with others, shall be in actual possession of, or have charge, care or control of, any dwelling or dwelling unit within the City as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Any such person representing the actual owner shall be bound to comply with the provisions of this Article to the same extent as the owner.

PERMISSIBLE OCCUPANCY: The maximum number of persons permitted by State law or City ordinance to reside in a dwelling unit or rooming unit.

PERSON: An individual, firm, partnership, association, limited liability corporation, limited liability company, corporation or joint venture or organization of any kind.

PLUMBING: All of the following supplied facilities and equipment in a dwelling: gas pipes, gas-burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closet, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines.

PREMISES: A platted lot or part thereof or unplatted parcel of land, either occupied or unoccupied by any dwelling or non-dwelling structure, including such building, accessory structure or other structure thereon.

PUBLIC HALL: A hall, corridor or passageway for providing egress from the dwelling unit to a public way and not within the exclusive control of one (1) family.

REFUSE: All putrescible and non-putrescible waste solids, including garbage and rubbish.

RENTAL OR RELATED DWELLING OR DWELLING UNIT: A dwelling or dwelling unit let or intended to be let for rent or lease.

REPAIR: To a sound and acceptable state of operation, serviceability or appearance.

RODENT HARBORAGE: Any place where rodents can live, nest, or seek shelter.

ROOMING UNIT: Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes.

RUBBISH: Non-putrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery and similar materials.

SAFETY: The condition of being reasonably free from danger and hazards which may cause accidents or disease.

SUBSTANDARD DWELLING: Any dwelling which does not conform to the minimum standards established by the City Code.

SUPPLIED: Paid for, furnished by, provided by or under the control of the owner, operator, or agent of a dwelling.

M. Permit Required. The following requirements shall apply to permits:

1. No person shall rent any building or mobile home to any person for dwelling purposes without obtaining a permit. A permit must be renewed every three (3) years, or to a maximum of six (6) years if the same tenants occupy the unit and there have been no complaints filed in that time frame.

2. Application shall be made to the City Administrator. Each applicant shall provide the name and address of each applicant. If the applicant is a corporation, the application shall name the principal officers. The applicant shall provide the address and apartment number, if any, of the subject property.

3. The inspector shall inspect each unit before a permit is issued.

4. The inspector shall issue the permit if the dwelling unit to be covered by the permit has been inspected and it does not appear that any violation of this Chapter or of any other applicable State law or City ordinances exist.

N. General Requirements. No owner or other person shall occupy or let to another person any dwelling, dwelling unit or rooming unit unless it and the premises are clean, sanitary, fit for human occupancy, and comply with all applicable legal requirements of the State and the City, including the following requirements:

1. Maintenance Of Shared Or Public Areas. Every owner of a dwelling containing two (2) or more dwelling units shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof; provided, however, a tenant or tenants may assume that responsibility.

2. Maintenance Of Occupied Areas. Every occupant of a dwelling, dwelling unit or rooming unit shall maintain in a clean and sanitary condition that part or those parts of the dwelling, dwelling unit and premises thereof that he/she occupies and controls.

3. Maintenance Of Yards. Outside storage for dwelling units or rooming houses shall be limited to equipment and materials for the care and maintenance of lawns and gardens, except as specifically provided in the Zoning Code.

4. Pest Extermination. Every owner of a dwelling or dwellings shall be responsible for the extermination of vermin and rodents on the premises. No occupant of a dwelling or dwelling unit shall accumulate fire wood, rubbish, boxes, lumber, scrap metal or any other materials in such manner that may provide a rodent harborage in or about any dwelling or dwelling unit; stored materials shall be stacked neatly and safely.

5. Sanitary Fixtures And Appliances. Every occupant of a dwelling unit shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.

6. Minimum Heating And Maintenance. In every dwelling unit or rooming unit where the control of the supplied heat is the responsibility of a person other than the occupant, a temperature of at least sixty-eight degrees Fahrenheit (68° F) shall be maintained at a distance of three (3) feet above the floor and three (3) feet above the floor in all habitable rooms, bathrooms and water closet compartments from September through May.

7. Minimum Exterior Lighting. The owner of a multiple-family dwelling or dwellings shall be responsible for providing and maintaining effective illumination near the entrances of the dwelling.

8. Minimum Standards For Basic Equipment And Facilities. No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein, which does not comply with the following requirements:

a. Every dwelling unit shall have a space in which food may be prepared and cooked, which shall have adequate circulation area and which shall be equipped with the following:

(1) A kitchen sink in good working condition, connected to an approved water supply, including hot and cold water and also connected to an approved sewer system;

(2) Cabinets or shelves for the storage of eating, drinking and cooking equipment and utensils; and

(3) Adequate space and hookups shall be provided for a stove, or similar device for cooking food and a refrigerator, or similar device.

9. Toilet Facilities. Within every dwelling unit there shall be a room which affords privacy to anyone within said room and which is supplied with a flush toilet in good working condition, connected to an approved water and sewer system.

10. Lavatory Sink. Within every dwelling there shall be a lavatory sink; said sink may be in the same room with the flush toilet or if located in another room, the sink shall be placed in close proximity to the door leading directly into the room containing the flush toilet; said lavatory sink shall be connected to an approved water system with both hot and cold water and also connected to an approved sewer system.

11. Bathtub Or Shower. Within every dwelling unit there shall be a room which affords privacy to a person within said room and which is equipped with a bathtub or shower in good working condition. Said tub or shower can be in the same room with the flush toilet or in another room, shall be properly connected to an approved water system with hot and cold water and connected to an approved sewer system.

12. Egress. Every dwelling unit in a one- or two-story building shall have at least one (1) means of egress leading to a safe and open space at ground level. Every dwelling unit in a three-story or taller building shall have immediate access to two (2) or more means of egress leading to a safe and open space at ground level.

13. Handrails. Structurally sound handrails shall be provided on any steps containing four (4) risers or more. If steps are not enclosed, handrails with vertical posts spaced no greater than six (6) inches apart shall be provided. Porches, decks and balconies located more than thirty (30) inches from ground level or floor below shall have approved handrails thirty (30) to thirty-four (34) inches high. Stairs, balconies and porches exceeding thirty (30) inches from ground level or lower floor shall have a protective railing thirty-six (36) inches in height, and if unenclosed vertical posts shall be spaced no greater than six (6) inches apart. Alternate systems providing at least the same degree of protection shall be acceptable.

14. Access. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling or dwelling unit.

15. Door Locks. No owner shall occupy or let to be occupied any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are equipped with safe, functional locking devices.

16. Habitable Room Ventilation. Every habitable room shall have a means of affording adequate ventilation. Where ventilation is provided by windows alone, the minimum total of operable window area in every habitable room shall be at least five and seven-tenths (5.7) square feet.

17. Other Room Ventilation. Every bathroom and water closet compartment, and every laundry and utility room shall have adequate ventilation. No window shall be required if said rooms are equipped with a ventilation system providing at least equal ventilation.

18. Electric Service, Outlets And Fixtures. Every dwelling unit and all public and common areas shall be supplied with electric service, overcurrent protection devices, electric outlets, and electric fixtures which are properly installed, maintained in safe working condition, and energized by an approved source of electric power in compliance with the applicable ordinances of the City and State. The minimum capacity of said electric service and the minimum number of electric outlets and fixtures shall be as follows:

a. Buildings containing one (1) or more dwelling units shall have at least sixty (60) amp service or feeder per dwelling unit. Main service to multi-family buildings shall have sufficient capacity to carry the load as computed in accordance with City ordinances.

b. Internal wiring and outlets in single- or multi-family dwellings shall conform to the following:

(1) Every dwelling should have adequate duplex outlets. Minimum two (2).

(2) At least one (1) duplex receptacle on a separate twenty (20) amp appliance circuit in the kitchen. If there is a kitchen counter, such receptacle shall be accessible to the counter.

(3) At least one (1) duplex receptacle on a separate twenty (20) amp circuit for laundry. Multi-family buildings may have a common laundry area with duplex receptacles on separate twenty (20) amp circuits that are not overloaded.

(4) Every habitable room with one hundred twenty (120) square feet of habitable floor space or less shall be provided with two (2) separate wall-type electric convenience outlets and an additional outlet for each eighty (80) square feet or fraction thereof of habitable floor space. Required outlets shall, insofar as possible, be spaced equal distances apart. One (1) ceiling type or wall type light fixture controlled by a remote switch may be supplied in lieu of one (1) required electric convenience outlet in each habitable room. Every public hall, water closet compartment, bathroom, laundry room and furnace room shall contain at least one (1) supplied electric light fixture controlled by at least one (1) switch.

c. The bathrooms in all new construction whether a completely new dwelling or the renovation of an existing structure shall have at least one (1) ground-fault interrupter receptacle. This receptacle may be in a wall light if readily accessible.

d. All hazardous wiring shall be removed. This includes hazardous wiring to and in garages and other accessory buildings. The Inspector may order hazardous electrical installations removed.

e. Every public hall and stairway in a multiple-family dwelling shall be adequately lit by natural or electric lights at all times, so as to provide effective illumination in all parts thereof.

f. Alternate methods may be used where the equivalent objectives can be achieved while maintaining effective safety.

19. Minimal Thermal Standards. No person shall occupy as owner or occupant to let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not have heating facilities which are properly installed, and which are maintained in a safe condition, and which are capable of adequately heating all habitable rooms in every dwelling unit at a temperature of at least sixty-eight degrees Fahrenheit (68° F) at a distance of three (3) feet above the floor level and three (3) feet from any exterior wall at an outside temperature of twenty-five degrees Fahrenheit (25 °F). Gas or electric appliances previously designed for cooking or water-heating purposes shall not be considered as heating facilities under this Section. Portable heating equipment using flame and liquid fuel does not meet the requirements of this Section. No owner or occupant shall operate or use any space heater or wood-burning stove or fireplace that does not comply with all applicable City ordinances.

20. Exterior — Foundation, Exterior Walls And Roofs. The foundation, exterior walls and exterior roof shall be substantially water-tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation shall adequately support the building at all points. Every exterior wall shall be free of deterioration holes, breaks, loose or rotting boards or timbers and any other thing that might admit rain or dampness to the interior portion of the walls. The roof shall be tight and have no defects which might admit rain. Roof drainage shall be adequate to prevent rainwater from causing dampness to interior walls. All exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay, by paint or other protective coverings or treatment. If the exterior surface of such a wood structure is unpainted or unprotected and is determined by the inspector to be paint blistered and in need of protection, it shall be painted or protected.

21. Windows And Doors. Every window and exterior door shall be substantially tight and shall be kept in sound condition and repair.

22. Floors, Interior Walls, Ceilings. Every floor, interior wall, and ceiling shall be adequately protected against the passage and harborage of vermin and rodents, and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be free of large holes, large cracks and loose plaster and shall be maintained. Paints or materials that remain toxic after being applied and after drying or hardening shall not be used. Every toilet room and bathroom floor surface shall be capable of being easily maintained in a clean and sanitary manner.

23. Infestation. Every dwelling and accessory structure and the premises upon which it is located shall be adequately protected against rats, mice, termites and other vermin infestation. Building defects which permit the entrance of rats, mice, termites and other vermin shall be corrected immediately by the owner.

24. Safe Buildings. Every foundation, roof, floor, exterior wall, interior wall, ceiling inside and outside stairways, every porch, balcony and every attachment thereto shall be safe to use and capable of supporting loads that may be anticipated to be placed on them in normal use.

25. Facilities To Function. Every supplied facility and every piece of equipment or utility and every chimney and flue shall be installed and shall be maintained so that it works effectively and safely.

26. One (1) Family Per Dwelling Unit. Not more than one (1) family, except for temporary guests, shall occupy a dwelling unit.

27. Occupancy Of Sleeping Rooms. In every dwelling unit, every room occupied for sleeping purposes shall have a minimum floor area of seventy (70) square feet.

28. Smoke Detector. All buildings which fall under this Article shall be provided with a minimum of one (1) approved single-station smoke detector in the sleeping area. When activated, the smoke detector shall provide an alarm suitable to warn the occupants within the individual room or unit.

O. Enforcement And Inspection Authority.

1. The inspector as defined shall enforce the provisions of this Article and is thereby authorized to make inspections on a scheduled basis or when reason exists to believe that violation of this Article has been or is being committed.

2. Inspection Access. If any owner, occupant or other person in charge of a dwelling or a dwelling unit fails or refuses to permit free access and entry to the structure or premises under his/her control for any inspection pursuant to this Article, the inspector may seek a search warrant or other appropriate court order authorizing such inspections.

P. Notice Of Violation.

1. Whenever the inspector determines that any dwelling, dwelling unit or rooming unit or the premises surrounding any of these fails to meet the requirements set forth in this Article, he/she shall issue a notice setting forth the alleged failure and advising the owner, occupant, operator, or agent that such failure must be corrected. This notice shall:

a. Be in writing;

b. Set forth the alleged violations of this Article;

c. Describe the dwelling, dwelling unit, or rooming unit or other premises where the violations are alleged to exist or to have been committed;

d. Provide a reasonable time, not to exceed ninety (90) days, for the correction of any alleged violations. If work cannot be completed within the ninety (90) day period, an extension may be requested from the inspector who can grant the same in appropriate circumstances.

e. Be served on the owner, occupant, operator and/or agent of the dwelling, dwelling unit, or rooming unit personally, or by certified mail addressed to the last known place of residence of the owner, operator or agent. If upon a diligent effort to locate the owner, occupant, operator or agent, none can be found, notice may be posted on or near the dwelling, dwelling unit, rooming unit, or premises described in the notice.

2. Repairs And Corrective Action. Whenever an owner, operator, agent of a dwelling, dwelling unit or rooming unit neglects or refuses to make repairs or take other corrective action called for by order or notice of violation issued by a compliance official, said persons shall be deemed guilty of an ordinance violation and punished as set out herein for violations of this Article. In addition, the City may undertake such repairs or action, when in its judgment the failure to do so will substantially endanger the public health, safety, or welfare. The cost of such repairs and actions shall be charged to the person or persons required to make such repairs.

Q. Secure Unlit And Vacated Dwellings. The owner, operator, or agent of a dwelling, dwelling unit or rooming unit, which has been declared unfit for human habitation or which is otherwise vacant for a period of thirty (30) days or more, shall make it safe and secure so that it is not hazardous to the health, safety or welfare of the public and does not constitute a public nuisance. Any vacant dwelling, dwelling unit or rooming unit with open and unguarded doors or windows shall be deemed to be a hazard to the health, safety or welfare of the public and a public nuisance within the meaning of this Section.

R. Process Of Complaint. All complaints shall be made to the City Administrator, in writing, on forms provided by that office.

S. Appeal To City Administrator. Any person aggrieved by any decision of any inspector from the City may appeal the decision to the City Administrator. No formalities shall be required, but a written note or letter shall be provided by the person making the appeal, informing the City Administrator of the action taken by the City employee and the change requested.

T. Nuisance, Injunction. Any violation of this Article is hereby declared to be a nuisance. In addition to any other relief provided by this Article, the City Attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this Article. Such application for relief may include seeking a temporary restraining order, temporary injunction or permanent injunction.