BILL NO.        0421                                                              ORDINANCE NO.      11-02

 

AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE V: BUILDING CODES AND REGULATIONS, BY DELETING ARTICLE I. BUILDING CODE, AND ADDING A NEW ARTICLE I. BUILDING CODE.

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            BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF CLARKSON VALLEY, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS:

            SECTION 1:  The Municipal Code, City of Clarkson Valley, Missouri, is hereby amended in Title V: Building Codes and Regulations, by deleting the current Article I. Building Code, and substituting therefore a new Article I. Building Code.

            SECTION 2:  A new Article I. Building Code, shall be adopted which will read as follows: 

ARTICLE I.  BUILDING CODE

 

SECTION 500.010:    BUILDING CODE - ADOPTION

 

A certain document, one (1) copy each of which is on file in the office of the City Clerk, being marked and designated as the "2009 International Building Code” and the “2009 International Residential Code for One-and-Two-Family Dwellings” and the "2009 International Property Maintenance Code" as published by the International Code Council, Inc., with the modifications hereinafter set forth, is hereby adopted as the Building Code of the City; for the control of buildings, structures and properties as herein provided; and each and all regulations, provisions, penalties, conditions and terms of the 2009 International Building Code (2009 IBC) and 2009 International Residential Code for One-and-Two-Family Dwellings (2009 IRC) and 2009 International Property Maintenance Code are hereby referred to, adopted and made a part hereof, as if fully set out in this Article.  Provided further, that all provisions contained in the Clarkson Valley Code supercede and shall nullify any provision to the contrary that may be contained in the 2009 IBC, 2009 IRC and 2009 International Property Maintenance Code.  (CC 1990 §5-136; Code 1977 §21.010; Ord. No. 93-14 §§1─3, 9-7-93; Ord. No. 97-07 §§1─2, Exhibit A §5-136, 3-4-97; Ord. No. 99-09; §§1─3, 9-7-99; Ord. No. 03-06; §§1─2, 7-15-03, Ord. No 07-01 §§1─3, 1-7-07)

 

SECTION 500.020:    AMENDMENTS

 

The code adopted by Section 500.010 is hereby amended as follows:

 

The term "Building Official" wherever employed in this Article or the code adopted by this Article shall mean the Building Commissioner, whose office is created by Section 500.090, and he/she shall be the person vested with executive authority to see that all laws, ordinances and codes regulating building construction are observed and enforced.  Any other reference in this Building Code to “department of building safety”, “department of building inspection” “official of department of building inspection, “code official”, or “inspector” unless otherwise provided in Section 500.090 of the Municipal Code, City of Clarkson Valley, Missouri shall mean the Building Commissioner.

 

The term “Board of Appeals” wherever employed in this Article or the code adopted by this Article shall mean the Board of Adjustment.  Any person shall have the right to appeal a decision of the code official to the Board of Adjustment as provided in Title IV Land Use, Chapter 405: Zoning Regulations, Article VI. Board of Adjustment.

 

The term “Structure” as defined in 202 DEFINITIONS “That which is built or constructed“ shall not lose the intent of the definition set out in Title IV Land Use, Chapter 405: Zoning Regulations, Section 405.040: Anything, with the exception of swingsets located within the building lines, constructed, erected or located thereon, the use of which requires permanent locations on the ground or which, though movable, is used for a purpose which usually and customarily involves permanent location on the ground (including, but without limiting the generality of the foregoing, advertising signs, billboards, poster panels, back stops for tennis courts, pergolas and buildings for the housing of animals and fowls).

 

The term “Yard” as defined in R202 DEFINITIONS wherever employed in this Article or the code adopted by this Article shall not lose the intent of the definition set out in Title IV Land Use Chapter 405: Zoning Regulations, Section 405.040:

 

YARD:  An open space on the same lot with a building unoccupied and unobstructed by any portion of a structure from the ground upward, except driveways for ingress and egress and except as otherwise provided herein.

 

YARD, FRONT:  A yard extending across the front of a lot between the side lot lines and having a depth equal to the minimum horizontal distance between the street line and the main building or any projection thereof, other than the projection of the usual steps or entranceway.

 

YARD, REAR:  A yard extending across the rear of a lot between the side lot lines and having a depth equal to the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches.  On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.

 

YARD, SIDE:  A yard extending from the front yard to the rear yard, and having a width equal to the minimum horizontal distance between the side lot line and the side of the main building or any projections thereof.

 

YARDS, CORNER LOTS:  The front, rear and side yards on corner lots shall be determined and designated with reference to that street on which the lot has the least amount of linear frontage.  The front yard shall be that part of the lot abutting and parallel to the street on which the lot has the least linear frontage and the rear yard shall be that part of the lot opposite to the front yard and farthest removed from the street with the least linear frontage.  The designation of front, rear and side yards on corner lots as herein provided may be incompatible with other lots in the area because of the size or shape or location of the corner lot in which case the determination and designation of front, rear and side yards shall be made in the discretion of the City authority having jurisdiction of the matter.  (CC 1990 §18.040; Ord. No. 92-6 §2, 3-19-92; Ord. No. 96-11 §§1─2, 9-3-96; Ord. No. 00-08 §§1─2, 3-7-00; Ord. No. 02-02; Ord. No. 02-08 §§1-2, 7-16-02; Ord. No. 02-11 §§1-2, 10-1-02; Ord. No. 04-11 §§1-2, 7-13-04; Ord. No. 04-16 §§1-2, 9-7-04; Ord. No. 04-18 §§1-2, 9-7-04; Ord. No. 05-06 §§1-2, 6-7-05; Ord. No. 06-15 §§1-2, 9-5-06)

 

2009 INTERNATIONAL BUILDING CODE

 

Section 101 GENERAL

 

101.1 Title. is amended by substituting the words "City of Clarkson Valley, Missouri" for the words "[NAME OF JURISDICTION], hereinafter referred to as "this code."

 

SECTION 105 PERMITS

 

            105.1.1, 105.1.2 DELETE

 

            105.2 Work Exempt from permit - Building: DELETE the Building paragraph in its entirety (sub-sections 1 through 13) and replace as follows:

 

105.2 Work exempt from permit.  Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.  Permits shall not be required for the following:

 

1.      Retaining Wall is a wall or similar structure designed for the retention of dirt, gravel, sand, soil, or other landscaping, natural, or man-made material.  Retaining walls constructed to a height of four (4) feet or less from bottom of footing do not require a building permit as long as the retaining wall is constructed entirely within the front, side, and rear building lines.  All other walls require a building permit.  If an existing retaining wall over four (4) feet in height is replaced, the property owner shall obtain a building permit prior to any re-construction of the retaining wall.  If a property owner desires to replace an existing retaining wall which is located outside the building line and/or desires to modify the height and/or length of the retaining wall, the Board of Adjustment must approve such replacement or modifications before any such construction may commence.

 

2.      Sidewalks and driveways not more than 30 inches above adjacent grade and not over any basement or story below unless driveway requires new curb cut.

 

3.      Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

 

4.      Swings and other playground equipment accessory to a one-family dwelling as long as the swing or playground equipment is within the building lines.

 

SECTION 202 DEFINITIONS

 

            The following definitions and the requirements thereof are DELETED:

            ASSISTED LIVING FACILITIES.  See Section 310.2, “Residential Care/Assisted living facilities.”

            BOARDING HOUSE.  See Section 310.2.

            COVERED MALL BUILDING.  See Section 402.2

            DORMITORY.  See Section 310.2.

            FOOD COURT.  See Section 402.2.

            RESIDENTIAL CARE/ASSISTED LIVING FACILITIES.  See Section 310.2.

            SELF-SERVICE STORAGE FACILITY.  See Section 1102.1.

            TIRES, BULK STORAGE OF. See Section 902.

 

SECTION 306 FACTORY GROUP F is DELETED in its entirety.

           

SECTION 308 INSTITUTIONAL GROUP

 

            308.2 Group I-1 is DELETED in its entirety.  For Group Homes – See Title IV Land Use, Chapter 405: Zoning Regulations, Section 405.080: "A" SEMI-RURAL DISTRICT REGULATIONS Sub-Section “F” for definition.

 

            308.3.1 Child care facility is DELETED in its entirety.

 

            Section 308.4 Group 1-3 is DELETED in its entirety.

 

SECTION 309 MERCANTILE GROUP M is DELETED in its entirety.

 

SECTION 310 RESIDENTIAL GROUP R

 

            R-1 is DELETED in its entirety.

 

            R-2 is DELETED in its entirety.

 

            R-4 is DELETED in its entirety.

 

SECTION 402 COVERED MALL BUILDINGS is DELETED in its entirety

 

SECTION 403 HIGH-RISE BUILDINGS is DELETED in its entirety.

 

SECTION 406 MOTOR-VEHICLE-RELATED-OCCUPANCIES

 

            406.5 Motor fuel-dispensing facilities. is DELETED in its entirety.

 

            406.6 Repair garages. is DELETED in its entirety.

 

SECTION 3303 DEMOLITION

 

            3303.1 Construction documents.  Construction documents and a schedule for demolition must be submitted when required by the Building Commissioner.  Where such information is required, no work shall be done until such construction documents or schedule, or both, are approved.

 

            New sub-paragraphs 3303.1.1 through 3303.1.8 shall be added and shall read as follows:

 

            3303.1.1 Purpose and Notice of Intent:  The purpose of the requirements herein and set forth, is safety and to protect the residential neighborhoods within the City.  The person intending to cause a demolition or excavation shall cause written notice of such intent to the owner of each potentially affected adjoining lot, building or structure one (1) week prior to the commencement of work.  The notice shall request permission to enter the potentially affected lot, building or structure prior to the commencement of work and at reasonable intervals during the work to preserve the lot, building or structure from damage. 

 

            3303.1.2 Definitions: 

 

            DEMOLITION:  The razing, leveling, disassembly or destruction of a building by humans and/or machinery, but not including arson or acts of God.

 

            MAIN BUILDING:  The building (herein defined) designed and used for the principal permit on the lot.

 

            3303.1.3 Permit Requirements: A permit for demolition of any main building may not be issued until the following has been received by the Building Commissioner:

 

1.      Verification to the City that all utilities have been disconnected and all necessary permits and approvals are obtained through St. Louis County Department of Public Works and Department of Health, and

2.      An approved plan for a new main building is on file in the office of the Building Commissioner.  This plan shall include tree preservation and landscaping; or

3.      A site restoration plan (see Section 3303.1.4)

 

            3303.1.4 Site Restoration Plan:  The site restoration plan referred to in Section 3303.1.3(3) above requires in detail how the lot is to be restored, including removal of all debris, returning the site elevations to the original contour levels, sodding of disturbed areas, stormwater and siltation controls, and the planting of trees and other landscape materials.  Site restoration plans must include a completion date of no longer than thirty (30) days from issuance of a demolition permit.  At their discretion, the City of Clarkson Valley may require an escrow or insurance policy naming the City as beneficiary to guarantee completion of the restoration plan.  The Building Commissioner may grant an extension of time, not to exceed an additional thirty (30) days, based on inclement weather or some other hardship on the applicant, provided such hardship is not self-imposed.

 

            3303.1.5 Protection of Public:

 

1.      Wherever a building or structure is removed or demolished, the operation shall be conducted in a safe manner and suitable protection for the general public must be provided.

2.      Every area of demolition shall be enclosed with a barrier not less than four (4) feet in height to prevent the entry of unauthorized persons.  All barriers shall be of adequate strength.

3.      All openings (i.e. doors, windows, etc.) shall be secured or boarded up until final demolition.

4.      Any part of the structure or walls that may be dangerous must be braced and/or reinforced al all times.

 

            3303.1.6 Protection of Adjoining Property:  If afforded the necessary permission to enter the adjoining lot, building or structure, the person causing the demolition or excavation to be made shall at all times and at his or her own expense preserve and protect the lot, building or structure from damage or injury.  If the necessary permission to enter the adjoining lot, building or structure is not granted, it shall be the duty of the owner of the adjoining lot, building or structure to make safe his or her property, for the prosecution of which said owner shall be granted the necessary permission to enter the premises of said demolition or excavation.

 

            3303.1.7 Removal of Debris:  All waste materials shall be removed in a manner which prevents any damage to persons, adjoining properties and public rights-of-way.

 

            3303.1.8 Notice to the Code Official:  If the person causing a demolition or excavation to be made is not afforded permission to enter an adjoining structure, that person shall immediately notify in writing both the Building Commissioner and the owner of the adjoining property that the responsibility of providing support to the adjoining lot, building or structure has become the exclusive responsibility of the owner of the adjoining property.

 

APPENDIX A EMPLOYEE QUALIFICATIONS is hereby adopted.

 

            A101.1 and A101.2 are DELETED.

 

APPENDIX C GROUP U - AGRICULTURAL BUILDINGS is hereby adopted.

 

APPENDIX G FLOOD-RESISTANT CONSTRUCTION is hereby adopted.

 

APPENDIX I PATIO COVERS is hereby adopted.

 

APPENDIX J GRADING is hereby adopted.

 

            J103.2 Exemptions.  A grading permit shall not be required for the following: DELETE sub-paragraphs 1, 2 and 5.

 

2009 INTERNATIONAL RESIDENTIAL CODE FOR ONE-FAMILY DWELLINGS

 

R101 ADMINISTRATION

 

R101.1 Title, is amended by substituting the words “City of Clarkson Valley, Missouri” for the words “[NAME OF JURISDICTION] in line three (3) thereof. 

 

R105 PERMITS

 

R105.2 Work exempt from permit.  Permits shall not be required for the following.  Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

 

DELETE the Building paragraph in its entirety (sub-sections 1 through 9) and replace as follows:

 

1.   Retaining Wall is a wall or similar structure designed for the retention of dirt, gravel, sand, soil, or other landscaping, natural, or man-made material.  Retaining walls constructed to a height of four (4) feet or less from bottom of footing do not require a building permit as long as the retaining wall is constructed entirely within the front, side, and rear building lines.  All other walls require a building permit.  If an existing retaining wall over four (4) feet in height is replaced, the property owner shall obtain a building permit prior to any re-construction of the retaining wall.  If a property owner desires to replace an existing retaining wall which is located outside the building line and/or desires to modify the height and/or length of the retaining wall, the Board of Adjustment must approve such replacement or modifications before any such construction may commence.

2.      Sidewalks and driveways not more than 30 inches above adjacent grade and not over any basement or story below unless driveway requires new curb cut.

3.      Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

4.      Swings and other playground equipment accessory to a one-family dwelling as long as the swing or playground equipment is within the building lines.

 

SECTION R106 CONSTRUCTION DOCUMENTS

 

R106.1 Submittal Documents, is amended to read as follows:  Construction documents, special inspection and structural observation programs, and other data shall be submitted in three sets, if strictly interior, or four sets if any changes are proposed to the exterior, with each application for a permit.  The construction documents shall be prepared by a Missouri State licensed engineer or architect.  Where special conditions exist, the building commissioner is authorized to require additional construction documents to be prepared by a registered design professional. 

 

Section R108 FEES

 

R108.2 Schedule of permit fees is DELETED and a new R108.2 shall read as follows:

 

FEE SCHEDULE

 

NEW CONSTRUCTION

The building permit fee for all new construction and industrialized dwellings shall be assessed at twelve cents ($0.12) per square foot area of construction.  Any amendment to a permit necessitating an additional fee because of an increase in the square footage of the work involved shall not be approved until the additional fee shall have been paid.

 

The square foot area of construction            shall be determined by measuring the length of the structure and multiplying it by the width of the structure.  The measurement shall include garages and the farthest projections, overhangs and cantilevers from the ground to the top of the construction.  It shall not include unroofed or unenclosed porches or patios.

 

ALTERATIONS OR REMODELING 

The building permit fee for additions, alterations and remodeling, including any building permit in connection with swimming pools, accessory structures, porch additions, or any other exterior structure requiring a building permit, shall be based on the following schedule of fees as maintained and posted in City Hall:

 

Building Permit Fee . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . $25.00 Permit Issuance and Plan Review Fee. . . . . . . . . . . . . . . . . . . . . $44.00 Inspection fee (per inspection) . . . . . . . . . . . . . . . . . . . . . . . . . . . $30.00 Occupancy Permit Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25.00 Final Completion Certificate (in lieu of Occupancy Permit)  . . $25.00

 

Further, any application submitted pursuant to this Section shall be forwarded to the Building Commissioner for review and calculation of the Building Permit Fees.

 

MOVING OF BUILDINGS

The fee for a building permit for the removal of a building or structure from one lot to another or to a new location on the same lot shall be at the rate of twelve cents ($0.12) per one hundred dollars ($100.00) of the estimated cost of moving plus the cost of new foundations and all work necessary to place the building or structure in its completed condition in the new location, plus such other building permit fees deemed necessary by the Building Commissioner.

 

DEMOLITION PERMITS

The demolition shall be seventy-seven dollars ($77.00) per structure. 

 

INSPECTIONS

In addition to the building permit fee, an inspection charge of thirty dollars ($30.00) shall be paid to the city for each inspection deemed necessary by the Building Commissioner.  The number of inspections required shall be determined after the review of the plans submitted and the number shall be indicated on the building permit application.  The City of Clarkson Valley may contract with a political subdivision to conduct any or all of the inspections herein required and does adopt the fees of said political subdivision applicable to any inspections conducted pursuant to said contract and the City does authorize that payment of inspection fees be made directly to said political subdivision for any inspections conducted by said political subdivision pursuant to the herein mentioned contract.

 

REINSPECTION CHARGE

There is hereby established a reinspection charge of thirty dollars ($30.00), which shall be applicable to all reinspections, where it has been determined that the initial inspection resulted in a failure to comply with the applicable construction code, that the initial inspection reveals that the scope of work performed has deviated from the plans submitted to the City, or upon the request of the owner or contractor for any reinspection.

 

FINAL COMPLETION

Each building permit issued by the Building Commissioner shall state upon its face the expiration date of said permit.  All work authorized by the permit shall be completed no later than 5 p.m. C.S.T. on the expiration date of the permit.  Each applicant shall notify the Building Commissioner of the date of completion of the work authorized by the permit prior to the expiration of the permit.  The Building Commissioner shall perform a final inspection of each project within fourteen (14) days after the expiration of the permit or the completion of the work, whichever is earlier.  An inspection fee shall be assessed in the amount of twenty-five dollars ($25.00) for each final inspection and the fee shall be paid by the applicant.  Additionally, all extra costs, fees, permit fees, and other expenses shall be paid by the applicant within thirty (30) days from the date of the final inspection.

 

ADDITIONAL COSTS

(a) In addition to the building permit fee and inspection fees, all reasonable costs or fees charged to the City, including but not limited to site and building plan review, inspection and permit fees, reinspection fees, engineer fees, architecture review fees, other professional fees, and testing fees, as deemed necessary by the Building Commissioner, shall be paid by the applicant before issuance of the building permit, the final occupancy permit, or the final completion certificate.

(b) A plan review escrow procedure is hereby authorized to be formulated, implemented and amended by City staff to help ensure that all such costs charged to the City are reimbursed by the applicants.

(c) In the event that the City receives an application, petition or other request for any administrative or legislative consideration, and the applicant, petitioner or requestor owes the City any amounts from previous City consideration including any third-party expenses the City has incurred, the City reserves the right to refuse to give any consideration to such application, petition or request until such time that the City has received payment in full or payment terms acceptable to the City.

(d) In the event that it is necessary for the Building Commissioner to undertake an inspection or other professional investigation in order to confirm or deny the existence of a building code or zoning violation, the owner of the property shall be liable for all inspection fees, all reasonable costs or fees charged to the City, including, but not limited to, site and building plan review, inspection and permit fees, and testing fees as deemed necessary by the Building Commissioner.  In the event that it is determined that no building code or zoning violation exists on the subject property, the owner of the property shall not be liable for any inspection fees, costs, or expenses.

(e) Any person or entity that fails to pay the necessary permit fees, inspection fees, or additional costs as contained in this Code shall be deemed as violating the City Code and subject to the penalties contained in Section 100.100, or any other applicable section of the City Code.

 

DOUBLING

The building permit fees provided for in this Section above shall be doubled where work for which a building permit is required in this Section is commenced prior to obtaining the permit of filing of the application.  The payment of such double fees shall not relieve any person from fully complying with all provisions regulating such construction.

 

REFUNDS

The Building Commissioner may cancel permits and refund the permit fee less expenses incurred and a maximum penalty of thirty dollars ($30.00) or such lesser amount as the Building Commissioner shall set.

 

FEES INDEXED FOR INFLATION

The assessment figures in these Sections shall be adjusted on an annual basis, effective January 1 of the year in question, to reflect increases, if any, in the November offering next preceding this January 1 of the Cost of Living Index for all urban consumers for the St. Louis area published by the Bureau of Labor Statistics of the United States Department of Labor, as compared to the previous November offering, using the period 1967=100 as the base period.  All such computation of increases made as provided herein shall not be further adjusted during the course of the year in question until the following January 1 of the next year in question, when such adjustments, if warranted as provided herein, shall be made.

 

R108.5 Refunds shall be DELETED in its entirety and referred to the Fee Schedule as set out above.

 

A new Paragraph in SECTION R108 FEES shall be added:

 

R108.6 New Construction Bond.

 

(1)     A permit shall not be issued until the applicant for the permit shall have delivered to the City Clerk a bond payable to the City of Clarkson Valley.  In Zone "A" Semi-Rural District the bond shall be one and one-half percent (1-1/2%) of the estimated cost of construction, said bond shall be either in cash or with a corporate surety company approved by said City.  In Zone "C" Office District the bond shall be either in cash for the sum of one and one-half percent (1-1/2%) of the estimated cost of construction and deposited with the City; or with a corporate surety company approved by said City for ten times the amount of one and one-half percent (1-1/2%) of the estimated cost of construction, as the applicant for the permit shall elect.

(2)     The bond for either zoning district shall be conditioned that the applicant for the permit will perform the work authorized by the permit in compliance with this Building Code, the Municipal Code and all ordinances of the City of Clarkson Valley, as well as all other County, State, and Federal regulations governing the scope of work performed; and further conditioned that during the construction and work authorized by the permit that the applicant will not cause any nuisance to exist within the City limits; and said bond shall be further conditioned for the payment of any damage caused by the Applicant, his agents, contractors, or employees, or to pay the expenses related to the City's efforts to abate any nuisance caused or permitted to exist or correct any damage by Applicant, his agents, contractors, or employees.  The applicant and any surety on said bond shall not be released or discharged from liability on said bond until applicant has complied with all conditions of the bond and a final completion certificate has been issued for the structure or project for which the permit was granted.

(3)     Any applicant for a permit in the Zone "A" Semi-Rural District who has entered into and posted bonds with the City of Clarkson Valley, pursuant to subparagraph (1) above, which amount in the aggregate to twenty thousand dollars ($20,000.00) at any one (1) time, shall not be required to increase said sum or to post any additional bonds or any additional sum in excess of said twenty thousand dollars ($20,000.00), so long as there has been compli­ance with the conditions specified in the outstanding permits and the conditions required by the bond herein described.  Said sum of twenty thousand dollars ($20,000.00) shall suffice for all outstanding permits of the applicant and each said permit shall be considered and treated as though it is secured by a bond in the sum equal to one and one-half percent (1-1/2%) of the estimated cost of construction.

(4)     In the event of any violation of the conditions of any of the applicant's outstanding permits or in the event of any failure of performance of the work authorized by any of the applicant's permits, then this provision limiting the amount of the bonds to twenty thousand dollars ($20,000.00) in the Zone "A" Semi-Rural District shall not apply and said provisions limiting the aggregate amount of the bond shall be void and of no avail and the applicant shall be required upon written notice from the City Building Commissioner to immediately post a bond as provided in subparagraph (1) above in the sum equal to one and one-half percent (1-1/2%) of the estimated cost of construction for each outstanding permit then issued to the applicant in the Zone "A" Semi-Rural District."

 

R202 DEFINITIONS

 

[B] CHIMNEY

 

A new sub-paragraph shall be added as follows: 

 

The exhaust vent, or chimney for fireplaces with a direct venting system (including flues for Franklin stoves) that exit either through the roof of a dwelling or structure, or by means of a separate exhaust flue affixed to the exterior of the dwelling or structure, are to be enclosed by utilizing full masonry, cultured stone veneer or faux masonry construction.  Additionally, the size, dimensions, and proportions of the full masonry, cultured stone veneer, or faux masonry enclosure shall be consistent with generally accepted architectural standards and shall be subject to review and approval by the Architectural Review Board.

 

All fireplaces with a direct venting system shall be installed in accordance with the manufacturer's specifications and shall be consistent with generally accepted architectural standards and shall be subject to review and approval by the Architectural Review Board.

 

SECTION R309 GARAGES AND CARPORTS shall be changed to:

 

Section R309 GARAGES

 

R309.4 Carports. Shall be DELETED in its entirety.

 

SECTION R703 EXTERIOR COVERING:

 

R703.1 General. shall contain a new sub-paragraph:

 

R703.1.1 that shall read as follows:  The siding coverage of exterior walls must extend below the foundation top with the same type of material (i.e. wood, brick, etc.) as used above the foundation top to cover the exterior foundation wall to within not less than eight (8) inches of finished grade level. (CC 1990 §5-137; Code 1977 §§21.020, 21.030, 21.040; Ord. No. 88-21 §1, 11-1-88; Ord. No. 90-15 §2, 12-4-90; Ord. No. 92-8 §2, 4-7-92; Ord. No. 93-07 §2, 4-6-93; Ord. No. 93-14 §§1─3, 9-7-93; Ord. No. 97-07 §§1─2, 3-4-97; Ord. No. 99-06 §1, 7-6-99; Ord. No. 99-09 §§1─3, 9-7-99; Ord. No 07-01 §§1─3, 1-7-07)

 

2009 INTERNATIONAL PROPERTY MAINTENANCE CODE

 

Chapter 1: Scope and Administration

 

Section 101 GENERAL

 

101.1 Title. is amended by substituting the words "City of Clarkson Valley, Missouri" for the words "[NAME OF JURISDICTION], hereinafter referred to as "this code."

 

SECTION 103 DEPARTMENT OF PROPERTY MAINTENANCE INSPECTION

 

            103.3 Deputies. is DELETED in its entirety.

 

103.5 Fees. is DELETED and a new 103.5 shall read as follows:  

 

103.5 Fees.  The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be in accordance with the fee schedule as established by the City of Clarkson Valley, Missouri.

 

SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL

 

            104.3 Right of entry. is DELETED and a new 104.3 shall read as follows: 

 

            104.3 Right of entry.  If any owner, occupant or other person in charge of a structure subject to the provisions of this Code refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access to any part of the structure or premises where inspection authorized by this Code is sought, the building commissioner shall be permitted to seek, in a court of competent jurisdiction, an order that such owner, occupancy or other person in charge cease and desist with such interference.

 

            104.6 Department record. is DELETED and a new 104.6 shall read as follows: 

 

            104.6 Department record.  An official record shall be kept of all business and activities of the department specified in the provisions of this Code, and all such records shall be opened to public inspection at all appropriate times and under regulations necessary to maintain the integrity and security of those records and to safeguard certain confidential information, contained in such records.

 

SECTION 105 APPROVAL

 

            105.4 Used material and equipment. is DELETED and a new 105.4 shall read as follows: 

 

            105.4 Used material and equipment.  Materials, equipment and devices shall not be reused unless such materials have been reconditioned, tested and placed in good and proper working condition and approved for use by the code official.

 

SECTION 106 VIOLATIONS

 

            106.3 Prosecution of violation. is DELETED and a new 106.3 shall read as follows: 

 

            106.3 Prosecution of violation.  In case of any unlawful acts or failure to comply with a violation notice, the code official shall institute an appropriate action or proceeding at law to exact the penalty provided in Section 106.4.  Also, the code official shall ask the jurisdiction's legal representative to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:

 

1.   To restrain, correct or remove the violation or refrain from any further execution of work;

2.   To restrain or correct the erection, installation, maintenance, repair or alteration of such structure;

3.   To require the removal of work in violation, or;

4.   To prevent the occupancy or use of the structure which is not in compliance with the provisions of this Code.

 

106.4 Violation penalties. is DELETED and a new 106.4 shall read as follows:

 

106.4 Violation penalties.  Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof or as specifically outlined in Chapter 3, Section 302 of this code, shall be prosecuted within the limits provided by Section 100.100 of the Municipal Code of the City of Clarkson Valley.  Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

 

            SECTION 107 NOTICES AND ORDERS

 

                        107.2 Form. is DELETED and a new 107.2 shall read as follows: 

 

107.2 Form.  Such notice prescribed in Section 107.1 shall:

                       

1.   Be in writing, e-mail or by personal contact with the owner/operator;

2.   Include a description of the real estate sufficient for identification;

3.   Include a statement of the violation(s) or reason(s) why the notice is being issued, and;

4.   Include a correction order allowing a reasonable time for the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this Code.

 

107.3 Method of service. is DELETED and a new 107.3 shall read as follows: 

 

107.3 Method of service.  Such notice shall be deemed to be properly served if a copy thereof is:

 

1.   Delivered to the owner personally by leaving the notice at the usual place of abode in the presence of someone in the family of suitable age and discretion who shall be informed of the contents thereof,

2.   By certified or registered mail addressed to the owner at the last known address with return receipt requested.  If the certified or registered letter is returned with an indication the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.  Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner.

 

            SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT

 

                        108.1 General. is DELETED and a new 108.1 shall read as follows: 

 

108.1 General.  When a structure or equipment, or part thereof, is found by the code official to be unsafe, or when a structure or part thereof is found unfit for human occupancy or use, or is found unlawful, such structure shall be condemned pursuant to the provisions of this Code and shall be placarded, vacated and shall not be reoccupied without approval of the code official.  Unsafe equipment shall be placarded and placed out of service.

 

                        108.1.3 Structure unfit for human occupancy. is DELETED and a new 108.1.3 shall read as follows: 

 

108.1.3 Structure unfit for human occupancy.  A structure is unfit for human occupancy or use whenever the code official finds that such structure is unsafe, unlawful or because of the degree in which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rodent infested, contains filth and contamination or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this Code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

 

SECTION 109 EMERGENCY MEASURES

 

109.5 Costs of emergency repairs. is DELETED and a new 109.5 shall read as follows: 

 

109.5 Costs of emergency repairs.  If it is necessary for the code official to contract material and labor in an emergency situation, the jurisdiction shall pay said costs incurred.  If said costs are not voluntarily remitted to the City by the owner, the legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.

 

109.6 Hearing. DELETED

 

            SECTION 110 DEMOLITION

           

            New sub-paragraphs 110.2.1 through 110.2.4 shall be added and shall read as follows:

 

110.2.1 Service.  The notice of a code violation shall be served on the affected parties, consisting of owner, occupants, lessee, mortgagee, agent and all persons having an interest in the property, all as shown by the records of the St. Louis County Recorder of Deeds Office.  The notice shall be served personally or by certified mail, return receipt requested, or if service cannot be had by either of these modes of service, then by at least one publication in a newspaper having general circulation within the City.  The affected parties shall have not less than thirty (30) days from the date of service to complete demolition or to begin the repairs.

 

110.2.2 Notice of Hearing.  If the affected parties fail to commence work on repairs or complete demolition within the time specified, or fail to proceed continuously with the work without unnecessary delay, the City Clerk shall call a hearing upon the matter, giving the affected parties fifteen (15) days written notice of the hearing.  Said notice must be served personally or by certified mail, return receipt requested, or if service cannot be had by either of these modes of service, then by at least one publication in a newspaper having general circulation within the City.

 

110.2.3 Hearing. The Building Commissioner or his/her authorized representative shall conduct a full and adequate hearing.  Any affected party may be represented by counsel and all affected parties shall have an opportunity to be heard. After the hearing, if the evidence supports a finding that the structure is a nuisance and detrimental to the health, safety or welfare of the residents of the City of Clarkson Valley, Missouri, the Building Commissioner shall issue a post-hearing order making specific findings of facts, based on competent and substantial evidence and order the structure to be demolished and removed, or repaired.  The post-hearing order shall be served in the same manner as the notice of declaration of nuisance and pre-hearing order. The post-hearing order shall contain a date certain for completion of the required action.

 

110.2.4 Upon Failure to Obey Post-Hearing Order. If any post-hearing order of the Building Commissioner is not obeyed within thirty (30) days after its issuance, and if appeal of any post-hearing order is not made to the Circuit Court as provided for in this ordinance within 30 days after issuance of any such order, the Building Commissioner shall cause such structure to be vacated and repaired or demolished as provided in the post-hearing order.  The City Clerk shall certify the cost for such action, including all administrative costs, and shall cause a special tax bill against the property to be prepared, filed and collected.  Said tax bill shall be a lien upon said property, said lien shall bear interest at the rate set by the Missouri Division of Finance on the date the lien is filed.

 

110.3 Failure to comply. is DELETED and a new 110.3 shall read as follows: 

 

110.3 Failure to comply.  Any structure which is found to be detrimental to the health, safety and welfare of the residents of the City of Clarkson Valley, Missouri, and which is declared to be a code violation by the code official shall be vacated and demolished or repaired in strict conformance with this and all referenced codes in the time frame set forth in the notice or as agreed upon by the code official.

 

SECTION 111 MEANS OF APPEAL is DELETED in its entirety and a new SECTION 111 shall read as follows:

 

SECTION 111 MEANS OF APPEAL

 

            111.1 For MEANS OF APPEAL - See Title IV Land Use, Chapter 405: Zoning Regulations, Section 405.160: BOARD OF ADJUSTMENT.

 

SECTION 112 STOP WORK ORDER

 

            112.4 Failure to comply. is DELETED and a new 112.4 shall read as follows:

 

            112.4 Failure to comply.  Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred ($100.00) dollars or more than one thousand ($1,000.00) dollars.

 

Chapter 2: Definitions

 

SECTION 201 GENERAL

 

            201.3 Terms defined in other codes. is DELETED and a new 201.3 shall read as follows: 

 

            201.3 Terms defined in other codes.  Where terms are not defined in this chapter and are defined in the Municipal Code, City of Clarkson Valley, Missouri, International Building, International Residential, International Plumbing, International Mechanical, International Fire, and NFPA 70 codes listed in Chapter 8, they shall have the same meanings ascribed to them as in those codes.

 

SECTION 202 GENERAL DEFINITIONS

 

            The following definitions and the requirements thereof are DELETED:

 

            HOUSEKEEPING UNIT.

            LET.

            ROOMING HOUSE

            ROOMING UNIT     

 

            The following definitions shall be added:

 

DUMPSTER.  Any container used for the collection of solid waste and/or demolition and construction waste in excess of ninety (90) gallons.  No Dumpster shall be set, placed or maintained in or upon any sidewalk, street, road or highway. 

 

            FAMILY.  One or more persons who are related by blood, marriage, or legal adoption living together as a single household unit; a group of not more than eight (8) persons not related by blood, marriage, or adoption, living together as a single household unit as defined under Chapter 89.020, R.S.Mo

 

GRAFFITI.  Markings, drawings or other visual depictions, either graphic or written, placed upon any exterior surface including, but not limited to, building, window, retaining wall, fence, trash containers, accessory building or driveway.

 

HOME OCCUPATION.  Any occupation, trade, or profession carried on by a member of the immediate family, residing on the premises, in which (a) no person is employed other than a member of the immediate family residing on the premises, (b) no goods are stored on the premises or shipped from the premises except those prepared on the premises, (c) no mechanical equipment is installed or used except such as is permissible for purely domestic or household purposes, and (d) no pedestrian or vehicular traffic is generated near the residential dwelling as a direct result of the occupation, trade, or profession, other than immediate family members residing on the premises, (e) no exterior display, no exterior alteration of the property including expansion of parking, no exterior sign, no exterior storage of materials and no other exterior indication of a home occupation or variation from the residential character of the premises, (f) no use shall require structural alterations to the interior or exterior of the building which changes the residential character thereof, and (g) there shall be no demand for parking beyond that which is normal to the neighborhood and no visual or excessive traffic to and from the premises.  Provided further, that no display or other activity shall be permitted to indicate from the exterior that the residential dwelling is being utilized in whole or in part for any purpose other than that of a residential dwelling.

 

NOXIOUS WEEDS.  (As may be amended from time to time by the United States Department of Agriculture) Canada thistle, common teasel, crown vetch, cut-leaved teasel, field blindweed, garlic mustard, Johnson grass, kudzu, marijuana, multiflora rose, musk thistle, purple loosestrife, and Scotch thistle.

 

ONE-FAMILY DWELLING.  A building containing one dwelling unit.

 

PODS.  An acronym and common name for Portable On Demand Storage units: a container designed, constructed and commonly used for non-permanent placement on property for the purpose of temporary storage of personal property.

 

RETAINING WALL.  A wall or similar structure designed for the retention of dirt, gravel, sand, soil, or other landscaping, natural, or man-made material.  Retaining walls constructed to a height of four (4) feet or less from bottom of footing do not require a building permit as long as the retaining wall is constructed entirely within the front, side, and rear building lines.  All other walls require a building permit.  If an existing retaining wall over four (4) feet in height is replaced, the property owner shall obtain a building permit prior to any re-construction of the retaining wall.  If a property owner desires to replace an existing retaining wall which is located outside the building line and/or desires to modify the height and/or length of the retaining wall, the Board of Adjustment must approve such replacement or modifications before any such construction may commence.

 

STRUCTURE.  Anything, with the exception of swingsets located within the building lines, constructed, erected or located thereon, the use of which requires permanent locations on the ground or which, though movable, is used for a purpose which usually and customarily involves permanent location on the ground (including, but without limiting the generality of the foregoing, advertising signs, billboards, poster panels, back stops for tennis courts, pergolas and buildings for the housing of animals and fowls).

 

Swimming Pool.  Any man-made structure or pre-fabricated device, being portable or non-portable, designed for the storage, containment, retention, collection, or circulation of water having a depth greater than twenty-four (24) inches and which shall be designed or used for swimming and/or wading purposes.

 

All swimming pools shall be constructed so that the pool is installed below the existing grade of the surrounding yard and shall otherwise be installed into the ground.  Above-ground and on-ground swimming pools are prohibited.

 

WOODED AREA.  Any parcel of land having more than five thousand (5,000) square feet of tree canopy coverage and where the tree canopy is primarily comprised of trees equal to or larger than five (5) inches in DBH. (Note: In the US, tree diameter is usually measured at 4.5 ft. above ground level. Measurement at this height is referred to as diameter at breast height or DBH.)

 

YARD.  An open space on the same lot with a building unoccupied and unobstructed by any portion of a structure from the ground upward, except driveways for ingress and egress and except as otherwise provided herein.

 

Chapter 3: General Requirements

 

            SECTION 301 GENERAL

 

                        301.2 Responsibility. is DELETED and a new 301.2 shall read as follows:

 

301.2 Responsibility.  The owner of the premises shall maintain the structures and exterior property in compliance with these requirements.  A person shall not occupy as owner-occupant or permit another person to occupy or use premises which do not comply with the requirements of this chapter.

 

SECTION 302 EXTERIOR PROPERTY AREAS is DELETED and a new SECTION 302 EXTERIOR PROPERTY AREAS shall read as follows:

 

            SECTION 302 EXTERIOR PROPERTY AREAS

 

                        302.4 Weeds. shall be DELETED in its entirety and a new 302.4 (and sub-paragraphs 302.4.1 through 302.4.10) shall read as follows:

 

                        302.4 Landscaping and certain vegetation: Lawn areas and landscaping shall be properly maintained by the owner.  Plants and grass that have deteriorated or died shall be replaced and/or additional planting shall be provided if required by the code official.  Screening or additional planting around refuse containers or mechanical equipment may also be required to assure the desirable residential character of the premises. 

 

302.4.1 Weeds and/or grass.  No person having control of any lot of ground or any part of any lot or parcel of ground within the City shall allow or maintain on such lot or parcel of ground any growth of weeds or grass to a height of over seven (7) inches, unless the growth is in a wooded area.  Lots used for pasture, farming, crops, timber, woods, prairie, or wetlands, may not be required to comply with the provisions of this Paragraph.  In non-wooded areas, it shall be the duty of any person owning, leasing, occupying, or controlling any plot of ground in the city to prevent the growth of and eliminate, noxious weeds and invasive plants including but not limited to cockleburs, crown vetch, dandelions, garlic mustard, Japanese honeysuckle, Johnson grass, multiflora roses, purple loosestrife, ragweed, thistles, (see Noxious Weeds in Definitions).  However, in these instances where a nuisance is determined to exist by the Building Commissioner or his/her designee, the person having control of said property or lot may be required to undertake the necessary maintenance to eliminate the growth.  Those lots or parcels of real estate within any “C” Office District shall be governed by this Paragraph.

 

302.4.2 Restrictions for Ornamental Grasses including Bamboo and Native Plants.  Ornamental grasses, bamboo and native plants are exempt from height restrictions on private property, if these grasses do not obstruct sight distance for vehicular, bicycle, or pedestrian traffic.  Ornamental grasses and bamboo shall not be located within five (5) feet from an adjacent property owner(s)' property line. The City shall maintain a list of permitted ornamental grasses and native plants.

 

302.4.3 Dead trees, bushes or shrubbery prohibited:  No person, whether owner, lessee, or occupant, having control, possession, or use of any lot or land, property or any part of any property not in a wooded area, shall allow dead trees, bushes, shrubbery, or debris, to remain on such property.  Dead trees, bushes, shrubbery, when cut down, or debris, must be promptly removed from the property and disposed of in such a manner as not to create a nuisance. It shall be the duty of those responsible under this section for the removal of dead trees, bushes, shrubbery or debris from a private lot to also remove dead trees, bushes, shrubbery, or debris, from an abutting subdivision common ground or subdivision easement.  Tree stumps shall be removed to grade level. 

 

302.4.4 Depositing grass clippings on streets or along creeks, misdemeanor.  No person whether owner, lessee, occupant, or contractor shall allow or permit debris of any kind including, but not limited to, weeds, grass, overgrown vegetation, dead trees, bushes or shrubbery to be placed, left, mechanically blown, swept, fall, or thrown onto any street, gutter, curb, road, lane, cul-de-sac, highway, open creek, stream, water course, public place, storm sewer, common ground, or right-of-way within the city limits. When complying with these sections in cutting, mowing, trimming of weeds, grass, rank vegetation growths, dead trees, bushes and shrubbery any such person shall promptly dispose of debris by removal or in such a manner as to not create a nuisance.

 

302.4.5 Notice to owner of violation.  When the Building Commissioner or his duly authorized agent ascertains that noxious weeds and/or vegetation as set forth in this Article are growing on any property as described in Section 302.4, Section 302.4.1 and Section 302.4.2, he may cause a notice to be directed to the owner or other person in control of such lot or land that noxious weeds and/or other vegetation are growing thereon and must be destroyed, and that such destruction must be begun within seven (7) days after such notice is served and be completed within fifteen (15) days after such notice. The notice to the owner or other person in control of such lot or land shall be served in any one (1) of the following ways:

 

1.  By causing such notice to be delivered to such owner, agent, occupant or other person in control either in the City or elsewhere.

2.  By posting a copy of such notice upon the property in question, such notice to be deemed served at the end of twenty-four (24) hours after the posting thereof.

3.  By mailing such notice or copy thereof enclosed in a sealed envelope, postage prepaid, directed to such owner or other person in control of said property, either at his place of business or residence in the City or elsewhere, such notice to be deemed served twenty-four (24) hours after the mailing of such notice in case it is directed to the business or residence address of the owner or other person in control of such property, provided that if the owner or other person in control of such property be non-residents of the City, and have no addresses, then the notice shall be deemed served at the end of such period after the mailing thereof as in the ordinary course of transmission of the mail by the United States Government would be required, for the receipt of such notice by the owner or other person in control of such land at their place of residence.

 

When the Building Commissioner or his duly authorized agent ascertains that dead trees, bushes, shrubbery, or debris remain on property as described in Section 302.4.3, abatement must be begun within seven (7) days after such notice is served and be completed within thirty (30) days after such notice. The notice to the owner or other person in control of such lot or land shall be served in any one (1) of the ways as set forth above.

 

302.4.6 Removal by city upon owner, lessee, or occupant's failure to comply with notice, collection of costs.  If the weeds, grass, overgrown vegetation, or dead trees, bushes or shrubbery or debris are not cut down and removed from such property on or before the date specified in section 302.4.5, the Building Commissioner, or his designee, may without further notice, have the same cut down and removed from such property. The Building Commissioner, or his designee, shall certify the cost of such cutting and removal to the city clerk who shall cause the certified costs to be included in a special tax bill or added to the annual real estate tax bill for such property, at the clerk's option, and the certified costs shall be collected in the same manner and procedure for collection of real estate taxes. If the certified cost is not paid, the tax bill shall be considered delinquent and the collection of the delinquent bill shall be governed by such laws applicable to delinquent and back taxes. The tax bill shall, from the date of its issuance, be deemed a personal debt against the owner of the property and shall also be a lien on the property until paid. The lien shall be enforceable in any manner provided by law and shall bear interest at the rate of eight (8) percent per annum.

 

302.4.7. ADMINISTRATIVE COSTS AND LIEN RECORDING FEES. As a part of the cost of cutting weeds, rank vegetation growth, dead trees, bushes and shrubbery pursuant to this Section, each lien issued under this Section shall include such reasonable administrative charges as are determined by the Building Commissioner for inspecting, giving notice for issuing and recording the lien.

 

302.4.8 FAILURE TO COMPLY WITH NOTICES, MISDEMEANOR.  If the weeds, grass, rank vegetation growths, or dead trees, bushes, shrubbery, or debris, are not cut down and removed from such property on or before the date specified in 302.4.5, the owner, lessee, or occupant of such property shall be deemed guilty of a misdemeanor and upon conviction, shall be subject to penalties as provided for in Section 106.4 of this Section.  Any person whether owner, lessee, occupant, or contractor is found in violation of Section 302.4.4, shall be deemed guilty of a misdemeanor and upon conviction, shall be subject to penalties as provided for in Section 106.4 of this Section.

 

302.9 COST OF NUISANCE OR REMOVAL ABATEMENT. 
 
1.   In addition to any other remedy or procedure provided by Missouri Statute or city ordinances, if the owner of property has failed to begin or pursue without unnecessary delay, the removal of a nuisance and the city has removed or abated a public nuisance that has been declared to exist on any lot or land, as provided in the Ordinances of the City of Clarkson Valley, the cost of such removal or abatement may be added by the city to the annual real estate bill for the property and collected in the same manner and procedure for collecting real estate taxes.

 

2.   The Mayor is hereby authorized and directed to enter into such agreements with St. Louis County as are necessary or appropriate for St. Louis County to include such nuisance abatement fees with the tax bills sent each year by St. Louis County to residents of the City of Clarkson Valley, onto the tax bill of the owner of the property where said nuisance was removed or abated.

 

302.4.10 PENALTIES.  Any owner, agent, occupant or person in control of any property described in 302.4.1 through 302.4.4 who shall violate or fail to comply with any provisions of this Section, including failure to comply with the notice as described in 302.4.5, shall upon conviction be punished as provided in 106.4 of this Code. 

 

302.8 Motor vehicles. shall be DELETED in its entirety and a new 302.8 shall read as follow:

 

302.8 Motor vehicles.  Parking Areas and Portable Storage Units:  Parking areas and garages shall be used only for the parking of private tenant automobiles which have current license plates and are in working condition. The parking for longer than seventy-two (72) consecutive hours on any area, street, driveway or any other place or location within the City, except in an enclosed garage, of any motorcycle, boat, trailer, truck, camper, recreational vehicle, off-road vehicle or other motor vehicle, except an automobile, non-commercial van or non-commercial pick-up truck which is used as a passenger vehicle.

                       

                        A new 302.10 PODS. shall be added and shall read as follows:

                       

302.10 PODS. 

 

302.10.1 It shall be unlawful for any person to park, place or allow placement of a portable storage unit, PODS or similar device in or upon any street, highway, roadway, designated fire lane or sidewalk.

 

302.10.2 It shall be unlawful for any person to park, place or allow placement of a portable storage unit, PODS or similar device upon any lot or property in the City of Clarkson Valley other than on a concrete, asphalt or other improved surface.

 

302.10.3 It shall be unlawful for any person to park, place or allow placement of a portable storage unit, PODS or similar device upon any lot or property in Clarkson Valley for more than twenty-one (21) consecutive days or on more than three (3) occasions in any twelve-month period.

 

302.10.4 No person shall park, place or allow placement of a portable storage unit, PODS, or similar device without first obtaining a building permit.  The permit shall approve the location on the property, the time period not to exceed those stated in this section.

 

302.10.5 This Section shall not apply to the use or placement of construction trailers and equipment on property in association with ongoing construction activities carried out pursuant to a valid building permit, or to the placement of accessory buildings or storage sheds.

 

SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS

 

            303.1 Swimming pools. And 303.2 Enclosures are DELETED and a new 303.1 and 303.2 shall read as follows:

 

            303.1 Swimming pools.  Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. Any drainage, overflow, leakage, splash out or other discharge of water from a public, semipublic or family swimming pool shall under no circumstances be discharged in a manner that causes standing or stagnant water or creates a nuisance for the owners or tenants of surrounding properties.

 

303.2 Swimming pool barriers.  All swimming pools shall be enclosed with a pool barrier as defined in the International Residential Code.  All barriers and hardware shall be maintained in good working order.

 

SECTION 304 EXTERIOR STRUCTURE

 

            304.1 General. is DELETED and a new 304.1 shall read as follows:

 

            304.1 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. General repairs shall be made in a workmanlike manner using identical or, if not available, similar material as the original installation

 

SECTION 305 INTERIOR STRUCTURE

 

305.1 General: is DELETED (sub-paragraphs remain) and a new 305.1 shall read as follows:

 

            305.1 General:  The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition.

 

SECTION 308 RUBBISH AND GARBAGE

 

            308.1 Accumulation of Rubbish or Garbage. is DELETED and a new 308.1 shall read as follows:

 

            308.1 Accumulation of Rubbish or Garbage. All exterior property and premises and the interior of every structure, shall be free from any accumulation of rubbish, garbage, debris and yard waste.

 

                  308.1.1 Cleanliness:  Every occupant of a single family structure shall keep that part of the structure and exterior property which such occupant occupies, controls or uses in a clean and sanitary condition.  Every owner of a structure containing nonresidential occupancies shall maintain in a clean and sanitary condition, the shared or public areas of the structure and exterior property.

 

            308.2.1 Rubbish storage facilities. is DELETED

 

            308.2.2 Refrigerators. is DELETED

 

            308.3 Disposal of garbage. is DELETED and a new 308.3 and 308.4 shall read as follows:

 

            308.3 for Disposal of garbage. - See Title II Public Health, Safety and Welfare, Chapter 225: Solid Waste Management, Article I. TRASH COLLECTION AND DISPOSAL GENERALLY. 

           

            308.4 Storage of containers. Rubbish and garbage containers required in Section 308 shall be stored and kept in an approved location that is not visible from the street frontage or from any public way.

 

                  Exception.  Cans may be placed at curb on designated days of pick-up.

 

SECTION 309 PEST ELIMINATION

 

309.1 Infestation. is DELETED in its entirety and a new 309.1 shall read as follows:

 

309.1 Infestation.  All structures shall be kept from the infestation of insects and rodents.

 

309.2 through 309.5 DELETED.

 

A new 309.2 shall be adopted and shall read as follows:

 

309.2 Occupant.  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 in the structure, the owner shall be responsible for pest elimination.

 

Chapter 4: Light, Ventilation and Occupancy Limitations

 

SECTION 401 GENERAL

 

401.2 Responsibility. is DELETED in its entirety and a new 401.2 shall read as follows:

 

401.2 Responsibility.  The owner of a structure shall maintain all means of light and ventilation as required by the International Residential Code.

 

401.3 Alternative devices. is DELETED in its entirety.

 

            SECTION 402 LIGHT is DELETED in its entirety.

 

            SECTION 403 VENTILATION is DELETED in its entirety.

 

            SECTION 404 OCCUPANCY LIMITATIONS is DELETED in its entirety.

 

Chapter 5: Plumbing Facilities and Fixture Requirements is DELETED in its entirety

 

Chapter 6: Mechanical and Electrical Requirements is DELETED in its entirety.

 

Chapter 7: Fire Safety Requirements

 

            SECTION 701 GENERAL

 

            701.2 Responsibility. is DELETED in its entirety and a new 701.2 shall read as follows:

 

            701.2 Responsibility.  The owner of any structure shall provide and maintain such fire safety facilities and equipment in compliance with these requirements.

 

            SECTION 702 MEANS OF EGRESS

 

            702.1 General. is DELETED in its entirety and a new 702.1 shall read as follows:

 

            702.1 General.  A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way.  Means of egress shall comply with the International Residential Code, International Building Code and the Municipal Code, City of Clarkson Valley, Missouri.

 

            702.2 through 702.4 DELETED in its entirety.

 

            SECTION 704 FIRE PROTECTION SYSTEMS

 

            704.1 General. is DELETED in its entirety and a new 704.1 shall read as follows:

 

            704.1 General.  All detection and alarm devices and automatic sprinkler systems required by the International Residential Code and the International Building Code shall be maintained in an approved and operable condition at all times.

 

            704.1.1 is DELETED in its entirety.

 

            704.2 through 704.4 DELETED in its entirety.

 

            SECTION 3:  All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed and held for naught. 

            SECTION 4:  Nothing in this Ordinance shall be construed to affect any suit or proceeding pending in any Court, or any right acquired or liability incurred, or any cause or causes of action acquired or existing under any act or Ordinance hereby amended.

            SECTION 5:  Except as amended herein, Title V of the Municipal Code, City of Clarkson Valley, Missouri, shall be and will remain in full force and effect.

            SECTION 6:  This Ordinance shall be in full force and effect from and after its passage and approval as provided by law.

 

            PRESENTED, APPROVED AND PASSED BY A MAJORITY OF THE BOARD OF ALDERMEN this 2nd day of August 2011.

 

                                                            __________________________________________

                                                            Scott Douglass

                                                            Mayor

                                                            City of Clarkson Valley

 

PRESENTED BUT RETURNED this 2nd day of August  2011.

 

 

                                                            __________________________________________

                                                            Scott Douglass

                                                            Mayor

                                                            City of Clarkson Valley

 

 

ATTEST:                                            

 

______________________________

City Clerk