An Arnold resident’s six-month crusade to change the city’s occupancy permit ordinance came to fruition recently.
City Council members voted unanimously Jan. 15 to amend Arnold’s occupancy permit requirements.
“I’m ecstatic to see it in place and finally removing the unconstitutional part telling people they can’t buy or sell their home or inherit a home without the permission of Arnold to do that,” said Brad Cary of Unrivaled Realty.
Sarah Turner, interim Community Development Department director, told the board the previous code that was adopted in 2022 had overly complicated language.
“This is changing the language to simplify and clarify what we are asking for our procedure,” she said. “There are no major changes to the interpretation. It makes it clearer to the staff and residents of what we are expecting.”
The new ordinance says, “A certificate of occupancy is required to occupy at any change of ownership or representation of commercial ownership, tenancy, use or upon the completion of construction activity. Certificates are not transferable.
“It shall be unlawful to occupy or permit the occupancy of any structure or premises in the city without first obtaining an inspection and certificate of occupancy. The term ‘occupancy’ shall include the movement of furniture, equipment or other property into said structure or premises. Manufactured home parks and individual manufactured homes shall comply with requirements of this section.”
The previous ordinance said, “It shall be unlawful for any person, owner, agent or tenant thereof, both jointly and severally, to, in whole or in part, purchase, transfer, mortgage, lease or acquire, occupy or use, manage, or to permit occupancy or use of the premises for any purpose, including the movement of furniture, equipment or other personal property into said premises, until a permit to occupy has been issued by the code official stating that the premises, including all real and personal property there located, and all uses thereon complies with the provisions of this technical code and the provisions of the Arnold Municipal Code of Ordinances.”
Turner said of the previous ordinance, “It tried to be a catch-all for any situation where there could be a change of occupancy or tenant. It ended up reading that someone who is getting a new mortgage would need to get another occupancy permit. That is not the way we wanted this to be interpreted.
“The goal of the change is to simplify the language and be clearer on our expectations. It also is consistent with our current procedures.”
Cary’s quest
Cary, who is president of the Arnold Chamber of Commerce Board of Directors, said he started looking into the code after purchasing a new home in Arnold.
He said he had work permits for licensed electricians and plumbers to do repairs at the home that would be required to get an occupancy permit.
Brad Cary
Cary said a sticker was put on his door while the work was being done that said he was in violation of the city’s occupancy permit rules and work had to stop.
“It became a question with the building department of if I have open working permits by licensed electricians and plumbers, how am I supposed to get an occupancy permit when it is not ready,” he said. “I bought it (the home) as is, and it needed work done. I did the proper things. I was greeted with your fines of $500 or 90 days in jail if you don’t comply and get an occupancy permit, even though I wasn’t occupying the house.”
Cary first told the council the ordinance needed to be changed during a June 5 meeting. He continued to come to council meetings, trying to have the language changed.
Cary also said he had numerous meetings with Turner; then-interim City Administrator Bill Lehmann, who also is Arnold’s finance director; and Building Commissioner Randy Noland to rewrite the ordinance.
“Brad Cary did a lot of work in letting us know that there are ways to read the previous code where essentially there were good intentions there, but the way the previous code was worded it was very broad,” Turner said.
Cary said he did did not have to pay a fine nor was he put in jail.
He also said the experience prompted him to run for the Ward 4 City Council seat, challenging incumbent Gary Plunk in the April 7 election.
“It is a step in the right direction in making things better and more pronounced,” Cary told the council about the change to the occupancy permit ordinance.