HomeMy WebLinkAboutORD.2703.04-03-2000BILL NO. 2000-74
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY
CODE RELATING TO APPLICATION AND ENFORCEMENT
OF THE PROPERTY MAINTENANCE CODE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. Section 7-302 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, entitled "Application of codes
and regulations", reading as follows:
Sec. 7-302. Application of codes and regulations.
(a) Application of other codes. Any repairs or
alterations to a structure, or changes of use therein,
shall be done in accordance with the procedures and
provisions of the building, plumbing and mechanical or
fire NFPA 70 codes listed in Appendix A.
(b) Other regulations. The provisions in this code
shall not be construed to prevent the enforcement of
other ordinances or regulations which prescribe standards
other than those provided herein. Where differences occur
between provisions of this Code and other ordinances and
regulations which prescribe standards, the provisions of
this Code shall apply.
(c) Enforcement. Enforcement action of this code
will commence upon a signed, written complaint on a
prescribed form developed by the board of appeals (see
appendix) and shall be made available to any person, firm
or entity to whom a complaint is directed.
(d) Directly affected. A person is ("directly
affected") if (a) complainant is a current tenant of any
rental real estate, or (b) the complainant is an invitee
or patron of any commercial establishment, or (c) the
complainant resides within a two hundred -foot radius of
any property which may fall within this Code, or (d) the
complainant is the chief of police acting upon a
reasonable belief that a violation of this Code has
occurred.
(e) Complaints. Any complaint filed under this code
shall include the name and address of the complainant and
a brief description of how the complainant is an affected
person under the code. All complaints, including
complainant's name and address, shall be made available
by certified mail to any person, firm or entity to whom
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a complaint is directed. Further, this information shall
be made available five (5) working days before an
inspection is scheduled by the code official.
is.hereby repealed in its entirety and a new Section 7-302 entitled
"Application of codes and regulations", is hereby enacted in lieu
thereof, in words and figures, to read as follows:
sec. 7-302. Application of codes and regulations.
(a) Application of other codes. Any repairs or
alterations to a structure, or changes of use therein,
shall be done in accordance with the procedures and
provisions of the building, plumbing and mechanical or
fire NFPA 70 codes listed in Appendix A.
(b) Other regulations. The provisions in this code
shall not be construed to prevent the enforcement of
other ordinances or regulations which prescribe standards
other than those provided herein. Where differences occur
between provisions of this Code and other ordinances and
regulations which prescribe standards, the provisions of
this Code shall apply.
ARTICLE 2. Section 7-306 (b) of the Code of Ordinances of the
City of Cape Girardeau, Missouri, entitled "Violations - Penalty",
reading as follows:
Sec. 7-306. Violations.
(b) Penalty. Any person, firm or corporation, who
shall violate any provision of this code shall, upon
conviction thereof, be subject to a fine of not less than
twenty-five dollars ($25.00) nor more than five hundred
dollars ($500.00) or imprisonment for a term not to
exceed ninety (90) days, or both, at the discretion of
the court. Each day that a violation continues after due
notice has been served, in accordance with the terms and
provisions hereof, shall be deemed a separate offense. A
person filing a false complaint shall, upon conviction
thereof, be subject to a fine of not less than twenty-
five dollars ($25.00) nor more than five hundred dollars
($500.00), or imprisonment for a term not to exceed
ninety (90) days or both, at the discretion of the court.
i.. hereby repealed in its entirety, and a new Section 7-306(b)
entitled "Violations - Penalty", is hereby enacted in lieu thereof,
in words and figures, to read as follows:
Sec. 7-306. Violations.
(b) Penalty. Any person, firm or corporation, who
shall violate any provision of this code shall, upon
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conviction thereof, be subject to a fine of not less than
twenty-five dollars ($25.00) nor more than five hundred
dollars ($500.00) or imprisonment for a term not to
exceed ninety (90) days, or both, at the discretion of
the court. Each day that a violation continues after due
notice has been served, in accordance with the terms and
provisions hereof, shall be deemed a separate offense.
ARTICLE 3. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof.
ARTICLE 4. It is the intention of the governing body and it
is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City of
Cape Girardeau, Missouri, and the sections of this Code may be
renumbered to accomplish such intention.
ARTICLE 5. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF fkI , 20br-'
ATTEST: ffor
A. Spradling, III,
Gayle`f Conrad, City Clerk
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