HomeMy WebLinkAbout09/12/2007
AGENDA
MAPLEWOOD HOUSING AND REDEVELOPMENT AUTHORITY
WEDNESDAY, September 12, 2007
7:00 P.M.
CITY HALL, CITY COUNCIL CHAMBERS
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes: August 8, 2007
5. Communications
. Verbal Report on Code Enforcement (Michael Samuelson)
6. Unfinished Business
. Proposed revised mission statement for the HRA
7. New Business
. Police Officer Stephen Heinz - Crime Free Multi-Housing Liaison
. Review and discussion about 2006 IPMC and Chapter 12 of City Code
8. Date of Next Meeting
. October 10, 2007
9. Adjournment
DRAFT
MINUTES OF THE MAPLEWOOD HOUSING AND REDEVELOPMENT AUTHORITY
1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA
WEDNESDAY, AUGUST 8,2007
7:00 P.M. CITY HALL
CITY COUNCIL CHAMBERS
I. CALL TO ORDER
Chairperson Pearson called the meeting to order at 7:00 p.m.
II. ROLL CALL
Commissioner Jeffrey James
Chairperson Gary Pearson
Commissioner Joy Tkachuck
Vice-Chairperson/Secretary Beth Ulrich
Commissioner Rita Andreoli
Present
Present
Present
Present
Present
Staff Present:
Dave Fisher, Building Official
Tom Ekstrand, Senior Planner
Michael Samuelson, Code Enforcement Officer
III. APPROVAL OF AGENDA
Chairperson Pearson stated that Police Officer Steve Heinz was not able to attend the meeting.
Commissioner Ulrich moved to approve the agenda.
Commissioner Tkachuck seconded.
Ayes - All
The motion carried.
IV. APPROVAL OF MINUTES
Approval of the HRA minutes for July 11,2007.
Commissioner Ulrich moved to approve the minutes.
Commissioner Tkachuck seconded.
Ayes - James, Pearson, Tkachuck, Ulrich
Abstain - Andreoli
The motion carried.
V. COMMUNICATIONS
. Introduction of new member Rita Andreoli
Housing and Redevelopment Authority -2-
Minutes of 08-08-07
. Code Enforcement (Michael Samuelson)
Michael Samuelson, the city's Code Enforcement Officer, went over his quarterly report.
Commissioner Tkachuck asked if the city has the ability to take web-based complaints, and if
so, are those numbers included.
Mr. Samuelson responded that the city does have that ability. However, those numbers are
not included because code enforcement does not have the capability to run a report on the
way the complaint is received besides counting the number of phone calls received. Web-
based complaints were not available until about three weeks ago. The last two city
newsletters promoted the code enforcement department and notified residents of the new
online complaint form.
Chairperson Pearson asked if code enforcement is having any trouble contacting mortgage
companies that represent foreclosed properties.
Mr. Samuelson responded that it is difficult to find a contact person at mortgage companies
that represent foreclosed properties. The assistance of clerical staff helps with this problem
because the Code Officer does not have to spend the time tracking down a contact person.
Chairperson Pearson asked for an explanation of the abatement process.
Mr. Samuelson explained that after an attempt has been made to contact the property owner
through mailed notices, sometimes multiple attempts are made depending on the severity of
the violation, an abatement notice will be sent to the property owner. The original notice is
mailed through certified mail, a copy is sent to the resident through regular mail, and a copy
is posted on the property if it is known to be vacant. If the property is foreclosed, a copy is
mailed and faxed to the bank that owns the mortgage and to the law firm representing the
bank. This notice gives the owner a sufficient number of days, usually from 2-10 days
depending on the violation, to remove the nuisance or the city will remove the nuisance at the
cost of property owner. If the abatement needs to made, code enforcement will first
document the violations with photos then fax a work authorization form to the contractor and
the property will be abated within 48 working hours. Once the cleanup is made, then the
cleanup is documented with photos and the case is either closed or kept open for further
monitoring.
Chairperson Pearson asked if the standardized compliance notice and the checklist are on
the website.
Mr. Samuelson responded that they are not on the website, but it is possible to do that.
Chairperson Andreoli asked if there is a foreclosure with a drought scenario and weeds are
growing, how the abatement is made.
Mr. Samuelson said it is attended to as normal or the contractor will choose the best way to
remove the weeds. The average bill is $250-300. Currently there is no administrative fee, but
one may soon be added.
Housing and Redevelopment Authority -3-
Minutes of 08-08-07
Mr. Fisher added that fees are set every January and an administrative fee will be added
when finance provides a fee schedule for the city this fall.
Mr. Samuelson added that the city attorney confirmed that the city code does allow for an
administrative fee to be assessed.
Commissioner Ulrich asked if there is a fee for having multiple inspections for a property, and
if not, has the city staff considered that.
Mr. Samuelson said that is a possibility and right now the city is only allowed to give citations.
An administrative fine is possible as well.
Chairperson Pearson asked if it possible for Ramsey County to help assess fines.
Mr. Samuelson responded that the city can assess a fine to a resident if needed.
VI. UNFINISHED BUSINESS
Proposed mission statement for the HRA
Mr. Ekstrand introduced the drafted mission statement and gave it to the commission to discuss.
Chairperson James asked how the Housing and Redevelopment Authority interact with the city
council and that process should be articulated in the first sentence.
Mr. Ekstrand responded that there will be cases that are advisory. These may include reviewing
of TIFF applications and forwarding a recommendation to the city council. This process of
interaction with the city council starts with an item being brought to the commission by city staff
with a recommendation. The item is then reviewed and voted on to recommend to city council.
The city council also receives copies of the HRA meeting minutes.
Commissioner James asked who brings forth the topics of discussion.
Chairperson Pearson responded that anyone who has an issue to be discussed can get it put on
the agenda.
Commissioner James asked, in regards to the 2nd to the last sentence, if there should be a fiscal
element, as it promotes the health of the city, which is reasonable and rational to the city budget.
Mr. Samuelson asked if the city staff should figure out correct verbiage and bring it back to the
commission to approve.
Mr. Ekstrand said he will bring the mission statement back to the next meeting with revisions.
Commissioner Ulrich moved to table the mission statement until the next meeting.
Commissioner James seconded.
Ayes - All
Housing and Redevelopment Authority -4-
Minutes of 08-08-07
Mr. Ekstrand added that if anyone has any recommendations for the mission statement, please
email him.
VII. NEW BUSINESS
a. Administrative cost for a non-homestead registration program
Mr. Fisher stated that a non-homestead registration program would cost about $25 an hour and it
would take about an hour for each registration. This is a basic registration program that would
compile contact information for rental property owners, not a rental licensing program.
Commissioner James asked if this would include the non-homestead homes.
Mr. Fisher responded that it would not. These rental properties would be registered as
businesses. Mr. Fisher was informed previously by Police Officer Stephen Heinz that Officer
Heinz and another officer work with the rental owners already to create safe multi-housing and
have monthly meetings. Officer Heinz will be able to go into more detail about this at another
meeting.
Commissioner Ulrich asked if the system used for the business registration will be used for the
rental registration.
Mr. Fisher said he hopes that is the case but is not sure yet.
Commissioner Andreoli asked if rental properties are required to have insurance.
Mr. Fisher responded that renters are usually encouraged to purchase their own renter's
insurance. If a rental owner does have insurance, it would be in the best interest of the insurance
company to inspect the property. It is difficult for the city to track down what insurance companies
rental owners have.
Mr. Samuelson said that insurance companies doing inspections of a rental property is rare.
Mr. Fisher asked Mr. Samuelson how many complaints code enforcement received for rental
properties.
Mr. Samuelson responded that code enforcement has received 1 complaint on a multi-family
building, since he has started.
Mr. Fisher said that he has heard of about 10 rental properties that have had complaints over the
last year. There have been few problems with rental properties.
Commissioner Andreoli asked if a property is a non-homestead with liability insurance but does
not home insurance, can they replace any damage if any occurs?
Mr. Samuelson said that if the owner has a mortgage, then usually the mortgage company would
require the owner to have home insurance. This type of insurance is not business or home
dwellers insurance, it is homeowners insurance.
Housing and Redevelopment Authority -5-
Minutes of 08-08-07
b. Open discussion about 2006 IPMC
City staff is going to compare this document with the current city code to see which ordinances
should be adopted. The International Property Maintenance Code (IPMC) is a copyrighted
document and Mr. Fisher said he is unsure as to how the IPMC will be edited.
Commissioner Ulrich asked if the code is available electronically.
Mr. Fisher confirmed that the city does have an electronic copy of the IPMC in PDF format.
Permission is needed in order to be able to get an editable form of the document. Mr. Fisher
asked if he is not able to organize this information side by side, how would the commission
organized.
Chairperson Pearson stated that however the staff sees as the clearest way will be fine.
Mr. Fisher recommended that this should be adopted as a resolution, a reference with
amendments added to it. City Staff will attempt to compile a couple of chapters for comparison
for the next meeting.
Commissioner Tkachuck asked if this is for commercial or residential properties.
Mr. Fisher said that this will cover everything.
Mr. Samuelson asked if there are any circumstances that will allow "grandfathering".
Mr. Fisher said no, but that is a question that the city attorney should address.
VIII. DATE OF NEXT MEETING
Date of next HRA meeting is scheduled for September 12, 2007
IX. ADJOURNMENT
The meeting was adjourned at 8:20 p.m.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
City Manager
Tom Ekstrand, Senior Planner
HRA Mission Statement Draft
August 9, 2007
INTRODUCTION
At the August 8, 2007 HRA meeting, the HRA reviewed the draft mission statement prepared by
staff and made suggestions for revisions. These revisions are in the latest version below.
DISCUSSION
Original Draft Mission Statement
The mission of the Maplewood Housing and Redevelopment Authority (HRA) is to advise and
make recommendations to the Maplewood City Council on matters regarding housing policy,
housing development, housing redevelopment and housing maintenance. The HRA's purpose is
to promote and guide the city council and staff toward improving and retaining the housing stock
in Maplewood so that it is safe, healthy, and meets the basic housing needs of the residents. The
HRA is committed to working with the Maplewood City Council, advisory committees and
Maplewood citizens to attain these goals.
Revised Draft Mission Statement
The mission of the Maplewood Housing and Redevelopment Authority (HRA) is to advise and
make recommendations to the Maplewood City Council on housing matters regarding policy
issues, development, redevelopment and maintenance. The HRA's purpose is to promote and
guide the city council and staff to develop, improve and retain housing stock in Maplewood that is
safe, healthy, meets the housing needs of the residents and maintains value for quality housing
throughout the city. The HRA is committed to working with the Maplewood City Council, advisory
committees and property owners to achieve these goals.
RECOMMENDATION
Review the revised draft mission statement and give staff any changes you would like made.
p:HRA\mission statement draft 8 07 #2
MAPLEWOOD CRIME FREE MULTI-HOUSING STATEMENT OF INTENT
AND EXPECTATIONS
The Maplewood Crime Free Multi-Housing Program is a cooperative effort between
apartment owners/managers and the Police Department to help insure a clean, safe,
comfortable living environment for apartment renters and their neighboring communities.
The goal is to keep the criminal element out of rental property and to encourage decent,
law-abiding people to take up residence.
Benefits of the CFMH program for apartment owners/managers include a more stable
tenant base with the "good" tenants staying longer instead of moving out to get away
from the "bad" tenants; lower maintenance and repair costs because of reduction in
damage caused by unsavory tenants; and improved personal safety for tenants, landlords
and managers.
Benefits for the Police Department include a reduced number of calls to the apartment; a
chance to form a positive working relationship with the people in the community, and a
chance to develop new sources of information on criminal activity and perpetrators.
Participation in the program requires more than just a statement that you are participating.
The CFMH program incorporates several strategies to help ensure that undesirable
tenants are weeded out from rental property and the Police Department expects you to use
those strategies to be considered a member of the program. You are expected to:
1) Establish a written criteria for the acceptance of applicants with limited criminal
background, with good credit history, with good rental history, including limited
unlawful detainers, and a verifiable income.
2) Develop a procedure to screen all applicants to ensure that they meet your established
criteria.
3) For the safety of employees and to assist in verifying information provided on
applications, have a policy of requiring applicants to produce a state photo 1D and social
security card before being shown an apartment, and make copies of those items for your
records.
4) Incorporate into your lease the "Crime Free Lease Addendum" which is the backbone
of the CFMH program. All new applicants as well as existing tenants should sign the
addendum so that everyone is aware of what kind of conduct will not be tolerated.
/
5) Strictly enforce all the provisions of the lease, including the crime free addendum, and
take steps to terminate the lease of tenants found in violation, either through non-renewal
or appropriate legal proceeding.
6) Regularly attend all scheduled meetings of the Maplewood CFMH coalition.
If you are actively participating in the CFMH program by following the above listed
steps, from the Police Department you can expect:
1) Training in the CFMH program. (phase I certification)
2) An increase in Police patrol of your building or community.
3) Information about criminal or suspected criminal activity taking place in and around
your neighborhood.
4) Copies of Police reports related to criminal or disorderly behavior at your building
or community.
5) Assistance in dealing with other government departments and agencies. (Fire Dept.,
Public Works, Utilities, etc.)
6) Assistance in meeting C.P.T.E.D. requirements. (phase II ofCFMH program)
7) Assistance in establishing a neighborhood crime watch and other crime prevention
programs. (phase III of the CFMH program)
8) Assistance in dealing with undesirable tenants and the problems associated with
them.
There are many benefits of the CFMH Program both for the landlords and the Police
Department, but WE MUST ALL do our parts in order to realize those benefits. The
Maplewood Police provide police service to all the residents of the city. Any additional
police service can only be provided with the support and assistance of the staff of our
CFMH Program participants.
CFMH statement
LEASE ADDENDUM FOR CRIME-FREElDRUG-FREE HOUSING
In consideration of the execution or renewal of a lease of the dwelling unit identified in the lease, Owner and
Resident agree as follows:
1. Resident, any members of the resident's household or a guest or other person under the resident's control
shall not engage in illegal activity, including drug-related illegal activity, on or near the said premises. "Drug.
related illegal activity" means the illegal manufacture, sale, distribution, purchase, use or possession with
intent to manufacture, sell, distribute, or use of a controlled substance (as defined in Section 102 or the
Controlled Substance Act [21 U.S.C. 802]) or possession of drug paraphernalia.
2. Resident, any member of the resident's household or a guest or other person under the resident's control
shall not enoaoe in anv act intended to facilitate iIIeoal activity, including drug-related illegal activity, on or
near the said premises.
3. Resident or members of the household will not permit the dwellino to be used for. or to facilitate iIIeoal
activity, including drug.related illegal activity, regardless or whether the individual engaging in such activity Is
a member of the household.
4. Resident or members of the household will not engage in the manufacture, sale, or distribution of illegal
drugs at!!!!.Y locations, whether on or near the dwelling unit premises or otherwise.
5. Resident, any member of the resident's household, or a guest or other person under the resident's control
shall not enoaoe in acts of violence or threats of violence, including but not Iiinited to the unlawful discharge
of firearms, prostitution, criminal street gang activity, intimidation, or any other breach of the rental
agreement that otherwise jeopardizes the health, safety or welfare of the landlord, his agents or tenants.
6. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE LEASE AND GOOD
CAUSE FOR TERMINA nON OF TENANCY. A single violation of any of the provisions of this added addendum
shall be deemed a serious violation and material non-compliance with the lease.
It is understood and agreed that a sin"le violation shall be good cause for termination of the lease. Unless
otherwise provided by law, Droof of violation shall not require criminal conviction. but shall be by the
preponderance of the evidence.
7. In case of conflict between the provisions of this addendum and any other provisions of the lease, the
provisions of the addendum shall govern.
8. This LEASE ADDENDUM is incorporated into the lease executed or renewed this day between
Owner and Resident.
(Resident)
MANAGEMENT
(Resident)
(Resident)
by:
Date signed:
signed:
.................................................................................................... Date
Resident(s) acknowledge receipt of this addendum by signature of this document.
Crime Free Multi-Housing Program
18
Revised 01-30-01
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Greg Copeland, City Manager; Dave Fisher Building Official
Michael Samuelson, Code Enforcement Officer
Review of Maplewood Housing Maintenace Codes
September 5, 2007
INTRODUCTION
Currently the City of Maplewood has a section of its city code (Chapter 12) that covers
property maintenance standards that separate out owner-occupied and rental-occupied
residences. The purpose of this discussion by the HRA is to look at the current code and
compare it to the 2006 International Property Maintenance Code (IMPC).
DISCUSSION
At the meeting on September 12, 2007 staff and HRA members will be reviewing the
current section of the city code as it pertains to housing maintenance and the 2006
International Property Maintenance Code (IMPC). Both documents have been attached
to this memo for your review.
P:\HRA\HOUSING MAINTENACE CODE REVIEW\090507
MAPLEWOOD CITY CODE: CHAPER 12: HOUSING MAINTEANCE SECTIONS
ARTICLE IV. RENTAL HOUSING MAINTENANCE CODE
Sec. 12-96. Purpose and goals.
The purpose of this article is to protect the public health, safety and welfare by enacting a
rental housing maintenance code. This code sets the minimum level of maintenance standards
for rental housing. The general goals ofthis code are to:
(1) Protect the character, value and stability of residential properties.
(2) Correct and prevent housing conditions that adversely affect or may adversely affect
residents@ lives, safety, general welfare or health.
(3) Provide minimum standards for cooking, heating and sanitary equipment necessary
for the health and safety of occupants of the buildings.
(4) Provide minimum standards for light and ventilation necessary for health and safety.
(5) Provide minimum standards for the maintenance of existing residential buildings, to
prevent deterioration and blight.
(Code 1982, ~ 9-91)
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BUILDINGS AND BUILDING REGULATIONS
~ 12-98
Sec. 12-97. Applicability and scope.
This article shall apply to rental housing only, including any construction, repair or
alteration. Any changes shall be done according to applicable sections of the building and
zoning codes. The owner shall be responsible for meeting the requirements of this article.
(Code 1982, ~ 9-92)
Sec. 12-98. Definitions.
Where this article does not define a term and the building code or zoning code defines the
term, the term shall have the meaning given to it in the building code or zoning code. The
following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Approved means approved by the enforcement officer or by other authority designated by
law to give approval in the matter in question.
Building code means the state building code as defmed in section 12-39.
Clean means the absence of dirt, grease, filth, refuse, rubbish, garbage, insects, vermin,
junk, abandoned vehicles, dangerous or offensive odors or other unsightly, offensive or
extraneous matter.
Common areas means the halls, corridors, passageways, utility and recreational rooms and
exterior landscaped areas and yards in or around a rental residential building.
Deadbolt lock means a locking bolt which a person moves by knob, handle or other similar
device on the interior side of a door. A person must also be able to lock the deadbolt lock from
the exterior. Such a bolt shall have a minimum projection of one inch. The city requires metal
strike plates for all locking devices with a minimum thickness of 0.062 inch (1.5 mm). The
owner shall mount these plates with a minimum of two no. 8 size screws.
Dwelling unit means a single unit providing complete, independent living facilities for one or
more persons, including permanent provisions for living, sleeping, eating, cooking and
sanitation.
Enforcement officer means the city manager or his authorized representative.
Extermination means the elimination of insects, rodents or other pests. This may be done by
eliminating their harborage places or by removing or making inaccessible materials that may
serve as their feed. This may also be done by poison spraying, fumigating, trapping or by
another recognized and legal pest elimination method.
Functioning means the ability of any structure, any part of a structure, or any fixture or
facility or equipment in a structure to perform the service or function for which the
manufacturer or builder designed, intended and constructed it.
Garbage means animal or vegetable waste resulting from the handling, preparation,
cooking or consumption of food.
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~ 12-98
MAPLEWOOD CODE
Grade means the vertical location of the ground surface.
Infestation means the presence, within or contiguous to a dwelling or premises, of noxious
insects, rodents, vermin or other pests.
Maintenance and maintain mean the upkeep of property and equipment in a professionallike
condition.
Occupancy means the purpose for which people use or the owner intended people to use a
building or structure or part of a building or structure.
Occupied means being leased or rented for living purposes by an occupant.
Occupant means any person living or sleeping in a dwelling unit or rooming unit.
Openable area means that part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
Operator means any person who has charge, care or control of a rental residential building or
yard.
Perrnissible occupancy means the number of persons the city permits to live in or occupy a
dwelling unit or rooming unit.
Plumbing and plumbing fixtures mean water heating facilities, water pipes, gas pipes,
garbage disposal units, toilets, waste pipes, sinks, installed dishwashers, lavatories. This also
means bathtubs, showerbaths, installed clothes-washing machines or other similar
equipment, catchbasins, drams, vents, stacks or other similarly supplied fixtures, together with
all connections to water, gas, sewer or vent lines.
Premises means a lot or parcel ofland which includes a rental residential building.
Professional-like means in a safe, working condition that meets the standards of the
associated trade or industry or is in the originally intended condition.
Reasonable care means the treatment of all facilities, fixtures, equipment and structural
elements such that depreciation of these objects and other materials is due to their age and
normal wear through use, rather than due to abuse, misuse or neglect.
Refuse means waste materials, except garbage, such rubbish as paper, rags, cardboard,
boxes, cans, metal, yard clippings or trimmings and tree branches. The city shall also consider
waste wood, rubber, leather, glass, brick, plaster, sheetrock, bedding, crockery and similar
materials as refuse.
Repair means the reconstruction or renewal of any part of a building or its utilities, facilities or
equipment.
Rental residential building means any building or portion of a building which is rented or
leased for residential purposes.
Rodent harborage means a place where rodents are likely to live, nest, seek shelter or make
their habitat.
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BUILDINGS AND BUILDING REGULATIONS
~ 12-99
Rooming unit means any room or group of rooms forming a single habitable unit that the
owner or occupant uses or intends to rent or lease for living and sleeping. A rooming unit does
not include standard kitchen facilities.
Roominghouse means any rental building, containing one or more rooming units.
Safe means the condition of being free from danger and hazards which may cause accidents or
disease.
Sanitary means bactericidal treatment effective in destroying microorganisms, including
pathogens.
Supplied meaflB installed, furnished or provided by the owner or operator.
Ventilation means the process of supplying and removing air by natural or mechanical
means to or from any space.
Yard means all ground, lawn, court, walk, driveway or other open space which is on the
same premises as a rental building.
(Code 1982, ~ 9-93)
Sec. 12-99. Yards.
(a) Cleanliness. All rental housing yards shall be clean and sanitary.
(b) Grading and drainage. There shall be no accumulation of stagnant water, except in
approved ponding areas. There shall also be no surface water entering any building or
structure.
(c) Removal of snow and ice. There shall be no snow and ice on parking lots, driveways,
steps and walkways which may create a hazard.
(d) Removal of noxious weeds. The yard shall be free from noxious weeds and tall grass as
required in section 18-31(8).
(e) Insects and rodents. The owner shall exterminate all noxious insects, rodents, vermin or
other pests that are causing a nuisance.
(f) Accessory structures. All accessory structures, including detached garages, fences, signs
and retaining walls, shall be structurally sound and in good repair. The owner shall protect all
accessory structures, fences, signs and retaining walls against the elements and decay by
non-lead-based paint or other appropriate protective coverings.
(g) Parking lots and driveways. All parking lots and driveways shall be paved and kept in
good condition with no pot holes. Driveways for single and double dwellings are exempt from
the pavement requirement but shall be kept in good condition.
(h) Yards and landscaped areas. The owner shall maintain all yards and landscaping and
replace all damaged or dead plants required by the city.
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~ 12-99
MAPLEWOOD CODE
(i) Exterior storage. The owner shall not allow the accumulation or storage of building
materials, firewood, boxes, machinery, scrap metal, refuse, or garbage anywhere on the
premises.
(Code 1982, ~ 9-94)
Sec. 12- 1 00. Exteriors of structures.
(a) Foundations, walls and roofs. Every foundation, exterior wall, roof and all other exterior
surfaces of rental housing shall be in a professional-like condition as follows:
(1) The foundation shall support the building at all points.
(2) Every foundation, exterior wall and roof shall be free of holes, breaks, loose or rotting
boards or timbers, or falling or loose stucco or brick. The owner shall protect every
exterior surface from vermin and rodents. Every exterior surface shall also be free
from graffiti and large amounts of peeling paint. Every exterior surface shall also be
free from conditions which might admit moisture to the interior of the walls or to the
interior of the dwelling.
(3) All exterior wood surfaces and lead-based paints, other than decay-resistant woods,
shall be covered or replaced with non-lead-based paint or other protective coverings or
treatments, as required by state law.
(4) The roof shall be tight and have no defects which admit rain or moisture. Roof drainage
shall be adequate to prevent rainwater from causing dampness in the walls.
(5) All building exterior surfaces shall meet section 12-7.
(b) Sfairs, porches, decks, balconies and railings. Stairs, porches, decks, balconies and
railings of rental housing shall be maintained as follows:
(1) Every outside stair, porch, deck, balcony or railing shall be in a professional-like
condition.
(2) Every flight of stairs which is more than three risers high and every porch shall have
guardrails as required by the building code.
(c) Windows. doors and hatchways. Every window, exterior door and hatchway shall be
tight and kept in professional-like condition as follows:
(1) Every exterior window, door and hatchway shall be in professional-like condition and
fit tightly within its frame.
(2) Every window shall have panes which are without open cracks or holes.
(3) Every openable window, shall:
a. Open easily.
b. Have hardware that will hold the window in an open or closed position.
c. Have a functioning lock.
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BUILDINGS AND BUILDING REGULATIONS
~ 12-101
d. For single and double dwellings, have a tightfitting screen that is not greater
than 16 mesh per inch.
(4) Every exterior door shall:
a. Open easily from the inside without a key.
b. Have a functioning deadbolt lock.
c. For single and double dwellings, have a tightfitting screen door with a screen that
is not greater than 16 mesh per inch.
(Code 1982, ~ 9-95)
Sec. 12-101. Interior of structures.
(a) Basements. All basements and crawl spaces for rental housing shall be dry.
(b) structural members. The supporting structural members shall be structurally sound
and have no evidence of deterioration.
(c) Interior stairs and railings. Interior stairs and railings shall be maintained as follows:
(1) All stairs shall be in professional-like condition. The owner shall replace treads and
risers that show evidence of excessive wear or are broken, warped or loose.
(2) Every stairwell and every flight of stairs more than three risers high shall have
handrails or railings as required by the building code.
(3) Every handrail or railing shall be firmly fastened and in professional-like condition.
The owner shall properly place secured railings on the open portions of stairs,
balconies, landings and stairwells. These railings must be able to bear normally
imposed loads as determined by the building code.
(d) Bathroorn floors. Every toilet room and bathroom floor surface shall be impervious to
water. These floor surfaces shall be constructed to permit a person to easily clean them and
keep them in a sanitary condition.
(e) Sanitation. The interior shall be in a clean and sanitary condition. The owner shall
provide appropriate storage facilities for refuse, garbage and rubbish.
(f) Insect and rodent harborage. The owner shall exterminate all noxious insects, rodents,
vermin or other pests.
(g) Interior walls, floors. ceilings and woodwork. All interior walls, floors, ceilings and
associated woodwork or trim shall be in a professional-like condition. These surfaces shall be
clean and free of graffiti. Floors shall be free of loose, warped, protruding, ripped or rotten
materials and coverings. All walls and ceilings shall be free of holes, large cracks and loose
plaster and in a tight weatherproof condition.
(Code 1982, ~ 9-96)
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~ 12-102
MAPLEWOOD CODE
Sec. 12- 1 02. Basic facilities.
The following facilities shall be in every occupied rental dwelling unit and roominghouse,
except as stated in section 12-107:
(1) Kitchen facilities. A kitchen which includes the following:
a. A functioning kitchen sink.
b. Cabinets or shelves for the storage of eating, drinking and cooking equipment;
utensils; and food that does not require refrigeration. There shall also be a
counter or table for food preparation. The cabinets or shelves and counter or table
shall be large enough to accommodate the number of people living in the dwelling
unit. They shall also be of professional-like construction, finished with surfaces
that are easily cleanable and that will not impart any toxic or harmful effect to
food.
c. A functioning stove and refrigerator large enough to meet the needs of the
resident. The owner shall provide enough space and adequate connections for the
installation and operation of the stove and refrigerator. The resident or owner
shall provide the stove and refrigerator.
(2) Toilet. There shall be a nonhabitable room with an entrance door which gives privacy
to a person within such room. This room shall have a functioning toilet in professional-
like condition with easily cleanable surfaces.
(3) Lavatory sink. There shall be a lavatory sink in good working condition. It may be in
the same room as the toilet. If the lavatory sink is in another room, it shall be near the
door leading directly into a room with a toilet. Water inlets for lavatory sinks shall be
above the overflow rim ofthe sink.
(4) Bathtub or shower. There shall be a room which affords privacy to a person within such
room which has a bathtub or shower. It shall be in good working condition and may be
in the same room as the toilet or in another room. Water inlets for bathtubs shall be
above the overflow rim of the bathtub.
(5) Connection to water and sewer systems. Every kitchen sink, lavatory sink, bathtub,
shower and toilet shall connect to public water and sanitary sewer systems. These
facilities may connect to an approved private water and sewer system if no public
utility system is available. These plumbing facilities shall have an adequate amount of
hot and cold running water. The heated water shall be at a minimum temperature of
120 degrees and a maximum of 165 degrees.
(6) Heating system. Every rental residential building shall have an approved and
functioning heating system. This system shall safely heat all habitable rooms,
bathrooms and toilet rooms in the building. This system must provide a temperature
consistent with state and federal guidelines at three feet above the floor when
occupied. The city shall not .consider gas or electric appliances designed primarily for
cooking or water heating purposes as heating facilities. The city prohibits the use of
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BUILDINGS AND BUILDING REGULATIONS
~ 12-104
portable heating equipment which uses flame and liquid fuel as heating equipment for
this subsection. No owner or occupant shall install or use a space heater using a flame
which is not vented to the outside of the structure. This venting shall only be done with
city approval.
(7) Refuse and garbage storage and removal. The owner shall supply approved containers
with tightfitting covers for the storage of refuse and garbage. The owner shall have the
refuse and garbage removed from the premises at least once a week.
(Code 1982, ~ 9-97)
Sec. 12-103. Maintenance.
(a) Plumbing and heating equipment. The owner of rental housing shall maintain the
plumbing and heating equipment. This equipment shall be free from obstructions, leaks and
defects. Heating equipment shall include cooking, water heating and space heating equipment.
(b) Electrical service, outlets, fixtures. All dwelling units and rooming units shall have
adequate and safe electrical service. Every electrical outlet and fixture shall connect to the
source of electrical power. All dwelling units and rooming units shall have an adequate number of
electrical outlets and electrical lighting fIxtures for normal usage.
(c) All facilities and equipmenf. All housing facilities shall be clean and in a sanitary
condition.
(Code 1982, ~ 9-98)
Sec. 12-104. Light and ventilation.
(a) Natural light in dwellings. Every rental dwelling unit and rooming unit shall have at
least one window of approved size facing directly to the outdoors or to a court. If the dwelling
unit or rooming unit is connected to a room or area used seasonably (e.g., porch), adequate
daylight must be possible through this connection.
(b) Light in nonhabitable work space. Every furnace room and all similar nonhabitable
work space shall have at least one functioning electric light.
(c) Light in halls and stairways. Every hall and inside stairway shall have at least five
lumens per square foot of light in the darkest part.
(d) Sleeping space in basements. No person shall sleep in a basement unless there is natural
light from windows. These windows shall meet all building code requirements. At least
one-half of the required window area shall be openable to provide natural ventilation.
(e) Adequate ventilation. Every dwelling shall have at least one window which can be easily
opened or such other device as will adequately ventilate the dwelling.
(f) Ventilation and light in bathroom. Every bathroom and room with a toilet shall have at
least one openable window or an approved ventilation system.
(Code 1982, ~ 9-99)
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~ 12-105
MAPLEWOOD CODE
Sec. 12-105. Fire safety standards.
(a) Exclusion of rental building frorn storing flammable liquid. No rental dwelling unit or
rooming unit shall be located within a building containing any business handling, dispensing or
storing flammable liquids with a flashpoint of 100 degrees Fahrenheit. This is defined by the
Uniform Building Code (UBC) and the Uniform Fire Code (UFC).
(b) Srnoke alarms. There shall be approved, functional listed smoke alarms in all rental
residential buildings and roominghouses as required by state law.
(Code 1982, ~ 9-100)
Sec. 12-106. Maintenance responsibilities.
(a) Maintenance of private areas. Occupants of rental housing shall keep in a clean and
sanitary condition that part of the dwelling and premises which they occupy, control or use.
(b) Maintenance of shared or public areas. Every owner of rental housing, containing two or
more dwelling units, shall maintain in a clean and sanitary condition all shared or public areas on
the premises.
(c) Disposal of garbage and refuse. Occupants and owners shall dispose of their garbage and
refuse in a clean and sanitary manner consistent with chapter 30. Occupants shall put their
garbage and refuse in the containers provided by the owner.
(d) Use and operation of plumbing fixtures. Every occupant shall keep the plumbing
fIxtures clean and sanitary and shall use reasonable care in their proper use and operation.
(Code 1982, ~ 9-101)
Sec. 12-107. Roominghouses.
(a) Toilet, lavatory and bath facilities. There shall be at least one functiorllng toilet, lavatory
sink and bathtub or shower for each four rooming units within a roominghouse. This is
wherever persons share such facilities. The owner shall locate all such facilities within the
residence building served, and they shall be directly accessible from a common hall or
passageway to all persons sharing such facilities. The owner shall supply every lavatory sink,
bathtub or shower with hot and cold water.
(b) No kitchen required. A kitchen is not required in a roominghouse. If a common kitchen is
provided, it shall be clean and sanitary.
(Code 1982, ~ 9-102)
Sec. 12-108. Vacant dwellings.
The owner of any unoccupied rental building, dwelling unit or rooming unit shall board up or
close and lock any open doors or windows.
(Code 1982, ~ 9-103)
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~ 12-112
Sec. 12-109. Access by owner or operator.
Every occupant of rental housing shall give the owner or operator or his agent or employee
access to any part of such dwelling unit, rooming unit or its premises. This access is to be at
reasonable times, for effecting inspection and maintenance, making such repairs, or making
changes to follow this article.
(Code 1982, ~ 9-104)
Sec. 12- 11 O. Compliance orders.
(a) Whenever the enforcement officer determines that any dwelling, dwelling unit or
rooming unit or the premises surrounding any of these fails to meet the requirements of this
article, he may issue a compliance order. This order shall state the violations of the article and
order the owner, occupant or operator to correct such violations. This compliance order shall:
(1) Be in writing.
(2) Describe the location and nature of the violation of this article.
(3) Set the required corrective action and a time for the completion of the correction of
such violation. This compliance order shall also let the owner or operator know of the
appeal recourse.
(4) Be served upon the owner, his agent or the occupant, as follows:
a. Served upon him personally;
b. Sent by mail to his last known address; or
c. Posted at a conspicuous place in or about the dwelling which the notice affects.
(b) Before taking any court action, the enforcement officer shall send a registered or
certified copy ofthe notice to the owner.
(Code 1982, ~ 9-105)
Sec. 12-111. Variances.
A person shall make appeals of interpretation or variance under this article to the director of
community development. If not satisfied, a person may make further appeal to the city
council according to established city procedures. The city council will hear requests for
variance and interpretation of this article. The city council may grant variances when the
strict enforcement would cause undue hardship because of circumstances unique to the
individual property under consideration. The city council must also find that such action will be
in keeping with the spirit and intent of this article.
(Code 1982, ~ 9-106)
Sec. 12-112. Violations.
Any person failing to follow the provisions of this article shall be guilty of a misdemeanor
and, upon conviction, shall be punished in accordance with section 1-15.
(Code 1982, ~ 9-107)
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~ 12-113 MAPLEWOOD CODE
Sees. 12- 113 12- 141. Reserved.
ARTICLE V. OWNER-OCCUPIED HOUSING MAINTENANCE CODE
Sec. 12-142. Short title.
This article shall be cited as the "owner-occupied housing maintenance code."
(Code 1982, ~ 9-130)
Sec. 12-143. Purpose.
The purpose of this article is to establish minimum standards for the maintenance of
exterior areas of owner-occupied housing, as well as interior areas of attached owner-occupied
dwellings. The general objectives shall be to:
(1) Protect the character and stability of residential properties within the city.
(2) 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 within the city.
(3) Provide minimum standards for the maintenance of existing residential buildings and
prevent deterioration and blight.
(Code 1982, ~ 9-131)
Sec. 12-144. Applicability and scope.
This article shall apply to exterior areas of owner-occupied dwellings and interior areas of
attached owner-occupied dwellings. The construction, repair or alteration of residential
property shall comply with this article and the building and zoning codes.
(Code 1982, ~ 9-132)
Sec. 12-145. Rules of construction.
For the purposes of this article, the following rules of construction shall apply:
(1) Where terms are not defined in this section and are defined in the building code or
zoning code, they shall have the meanings ascribed to them in the building code or
zoning code.
(2) Where terms are not defined in this article or in the building or zoning code, their
common dictionary definitions shall apply.
(Code 1982, ~ 9-133)
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~ 12-148
Sec. 12-146. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Approved, as applied to a material, device or method of construction, means approved by the
enforcement officer under this article or approved by other authority designated by law to give
approval in the matter in question.
Attached dwelling means two or more dwelling units physically attached in construction
such as condominiums, townhouses, double dwellings and quads.
Building code means the building code of the city, including the fire code.
Dwelling unit means a single unit providing complete, independent living facilities for one or
more persons, including permanent provisions for living, sleeping, eating, cooking and
sanitation.
Enforcement officer means the city manager or his authorized representative.
Exterior property areas means open space on the premises under the control of the owner of
such premises.
Extermination means the control and elimination of rodents or other pests by eliminating
their harborage places; by removing or making inaccessible materials that may serve as their
feed; by poison spraying, fumigating, trapping; or by another recognized and legal pest
elimination method.
Owner means the owner of the freehold of the premises or lessor estate therein.
Premises means a lot, plot or parcel of land including the building or structures thereon.
Workmanlike means the standards of the trade or industry involved.
(Code 1982, ~ 9-134)
Sec. 12-147. Exterior property areas.
(a) Sanitation. All exterior property areas of owner-occupied dwellings shall be maintained in
a clean and sanitary condition, free from any accumulation of refuse or garbage.
(b) Removal of noxious weeds and pests. All exterior property areas shall be kept free from
species of weeds or plant growth, rodents, vermin or other pests which are noxious or
detrimental to the public health.
(Code 1982, ~ 9-135)
Sec. 12-148. Exterior of structures.
(a) The exterior of all structures and accessory structures of owner-occupied dwellings,
including detached garages, shall be maintained in a workmanlike state of maintenance and
repair.
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~ 12-148
MAPLEWOOD CODE
(b) Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers,
falling or loose stucco or brick, or substantial amounts of peeling paint.
(c) All doors and windows shall be maintained in good repair, shall fit reasonably well
within their frames, and shall be free of open breaks or holes.
(Code 1982, ~ 9-136)
Sec. 12-149. Interior areas of attached owner-occupied dwellings.
(a) The interior of every attached owner-occupied dwelling shall be maintained in clean and
sanitary condition, free of accumulations of garbage and refuse.
(b) The interior of every attached owner-occupied dwelling shall be maintained free from
infestation of noxious insects, rodents and other pests.
(c) All plumbing systems shall be properly installed, connected and maintained in good
working order and must be kept free from obstructions, leaks and defects.
(d) The storage of hazardous flammable liquids shall be prohibited.
(Code 1982, ~ 9-137)
Sec. 12-150. Vacated dwellings.
The owner of any owner-occupied dwelling which has been declared unfit for human
habitation or which is otherwise vacant for a period of 60 days or more shall make the dwelling
safe and secure so that it is not hazardous to the health, safety and welfare of the public and
does not constitute a public nuisance. Any such dwelling open at doors and windows, if
unguarded, shall be deemed to be a hazard to the health, safety and welfare of the public and a
public nuisance within the meaning of this article. Upon failure of the owner to comply, the city
may have such dwelling made safe and secure and assess the cost to the owner.
(Code 1982, ~ 9-138)
Sec. 12-151. Hazardous building declaration.
If an owner-occupied dwelling has been declared unfit for human habitation and the owner
has not remedied the defects within a prescribed reasonable time, the dwelling may be
declared a hazardous building and treated consistent with state law.
(Code 1982, ~ 9-139)
Sec. 12-152. Enforcement officer.
It shall be the duty of the enforcement officer to enforce this article.
(Code 1982, ~ 9-140)
Sec. 12-153. Inspections.
The enforcement officer shall be authorized to make or cause to be made inspections to
determine the condition of owner-occupied dwellings and premises in order to safeguard the
health, safety and welfare of the public. The enforcing officer shall, with the permission of the
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BtnLDINGS AND BtnLDING REGULATIONS
~ 12-156
owner, be authorized to inspect the exterior areas of any premises and the interior areas of
attached dwellings at any reasonable time for the purpose of performing his duties under this
article. If the owner, operator or person in possession of the dwelling shall refuse to consent to
the inspection and there is probable cause to believe that a violation exists on that particular
premises, a search warrant may be obtained.
(Code 1982, ~ 9-141)
Sec. 12-154. Compliance order.
Whenever the enforcement officer determines that any owner-occupied dwelling or the
premises fails to meet the requirements of this article, he may issue a compliance order setting
forth the violation of this article and ordering the owner, occupant, operator or agent to correct
such violation. This compliance order shall:
(1) Be in writing.
(2) Describe the location and nature of the violation of this article.
(3) Establish a time for the correction of such violation and give notice of the appeal
recourse.
(4) Be served upon the owner. Such notice shall be deemed to be properly served upon such
owner if a copy thereof is:
a. Served upon him personally;
b. Sent by registered or certified mail; or
c. Upon failure to effect notice through subsections (4)a and (4)b of this section, be
posted at a conspicuous place in or about the dwelling which is affected by the
notice.
(Code 1982, ~ 9-142)
Sec. 12-155. Variance.
Appeals of interpretation or variance of this article shall be made to the city manager. If not
satisfied, further appeal may be made to the board of adjustments and appeals according to
established city procedures. The board will hear requests for variance and interpretation of
this article. The board may grant variances when the strict enforcement would cause undue
hardship because of circumstances unique to the individual property under consideration,
when it is demonstrated that such action will be in keeping with the spirit and intent of this
article.
(Code 1982, ~ 9-143)
Sec. 12-156. Violations.
Any person failing to comply with this article shall be guilty of a misdemeanor and, upon
conviction, shall be punished in accordance with section 1-15.
(Code 1982, ~ 9-144)
CD12:25
2006 INTERNATIONAL PROPERTY MAINTENACE CODE (IMPC)
CHAPTER 1
ADMINISTRATION
SECTION 101
GENERAL
101.1 Title. These regulations shall be known as the Property
Maintenance Code of [NAME OF JURISDICTION], hereinafter
referred to as "this code."
101.2 Scope. The provisions of this code shall apply to all
existing residential and nonresidential structures and all exist-
ing premises and constitute minimum requirements and stan-
dards for premises, structures, equipment and facilities for
light, ventilation, space, heating, sanitation, protection from
the elements, life safety, safety from fire and other hazards, and
for safe and sanitary maintenance; the responsibility of owners,
operators and occupants; the occupancy of existing structures
and premises, and for administration, enforcement and penal-
ties.
101.3 Inteut. This code shall be construed to secure its
expressed intent, which is to ensure public health, safety and
welfare in so far as they are affected by the continued occu-
pancy and maintenance of structures and premises. Existing
structures and premises that do not comply with these provi-
sions shall be altered or repaired to provide a minimum level of
health and safety as required herein.
D 101.4 Severability. If a section, subsection, sentence, clause or
phrase of this code is, for any reason, held to be unconstitu-
tional, such decision shall not affect the validity of the remain-
ing portions of this code.
SECTION 102
APPLICABILITY
102.1 General. The provisions of this code shall apply to all
matters affecting or relating to structures and premises, as set
forth in Section 101. Where, in a specific case, different sec-
tions of this code specify different requirements, the most
restrictive shall govern.
102.2 Maintenance. Equipment, systems, devices and safe-
guards required by this code or a previous regulation or code
under which the structure or premises was constructed, altered
or repaired shall be maintained in good working order. No
owner, operator or occupant shall cause any service, facility,
equipment or utility which is required under this section to be
removed from or shut off from or discontinued for any occu-
pied dwelling, except for such temporary interruption as neces-
sary while repairs or alterations are in progress. The
requirements of this code are not intended to provide the basis
for removal or abrogation of fire protection and safety systems
and devices in existing structmes. Except as otherwise speci-
fied herein, the owner or the owner's designated agent shall be
responsible for the maintenance of buildings, structures and
premises.
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE"'
102.3 Applicatiou of other codes. Repairs, additions or alter-
ations to a strocture, or changes of occupancy, shall be done in
accordance with the procedures and provisions of the Interna-
tional Building Code, International Fuel Gas Code, Interna-
tional Mechanical Code and the ICC Electrical Code. Nothing
in this code shall be construed to cancel, modifY or set aside any
provision ofthe International Zoning Code.
102.4 Existing remedies. The provisions in this code shall not
be construed to abolish or impair exisling remedies of the juris-
diction or its officers or agencies relating to the removal or
demolition of any structure which is dangerous, unsafe and
insanitary.
102.5 Workmanship. Repairs, maintenance work, alterations
or installatious which are caused directly or indirectly by the
enforcement of this code shall be executed and installed in a
workmanlike manner and installed in accordance with the
manufacturer's installation instructions.
102.6 Historic buildings. The provisions of this code shall not
be mandatory for exisling buildings or structures designated as
historic buildings when such buildings or stmctures are judged
by the code official to be safe and iu the public interest of
health, safety and welfare.
102.7 Referenced codes aud standards. The codes and stan-
dards referenced in this code shall be those that are listed in
Chapter 8 and considered part of the requirements of this code to
the prescribed extent of each such reference. Where differ-
ences occur between provisions of this code and the referenced
standards, the provisions ofthis code shall apply.
102.8 Requirements uot covered by code. Requirements nec-
essary for the strength, stability or proper operation of an exist-
ing fixture, structure or equipment, or for the public safety,
health and general welfare, not specifically covered by this
code, shall be determined by the code official.
SECTION 103
DEPARTMENT OF PROPERTY
MAINTENANCE INSPECTION
103.1 General. The department of property mainteuance
inspection is hereby created and the executive official in charge
thereof shall be known as the code official.
103.2 Appoiutment. The code official shall be appointed by
the chief appointing authority of the jurisdiction; and the code
official shall not be removed from office except for cause and
after full opportunity to be heard on specific and relevaut
charges by and before the appointing authority.
103.3 Depnties. In accordance with the prescribed procedures
of this jurisdiction and with the concurreuce of the appointing
authority, the code official shall have the authority to appoint a
deputy code official, other related technical officers, inspectors
and other employees.
1
ADMINISTRATION
103.4 Liability. The code official, officer or employee charged
with the enforcement of this code, while acting for the jurisdic-
tion, shall not therehy be rendered liable personally, and is
hereby relieved from all personal liability for any damage
accruing to persons or property as a result of an act required or
permitted in the discharge of official duties.
Any suit instituted against any officer or employee because
of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of this code shall
be defended by the legal representative of the jurisdiction until
the fmal termination of the proceedings. The code official or
any subordinate shall not be liable for costs in an action, suit or
proceeding that is instituted in pursuance of the provisions of
this code; and any officer of the department of property mainte-
nance inspection, acting in good faith and without malice, shall be
free from liability for acts performed under any of its provi-
sions or by reason of any act or omission in the performance of
official duties in counection therewith.
103.5 Fees. The fees for activities and services performed by
the department in carrying out its responsibilities under this
code shall be as indicated in the following schedule.
[JURISDICTION TO INSERT APPROPRIATE SCHEDULE.]
SECTION 104
DUTIES AND POWERS OF THE CODE OFFICIAL
104.1 General. The code official shall enforce the provisions
of this code.
104.2 Rule-makiug authority. The code official shall have
authority as necessary in the interest of public health, safety
and general welfure, to adopt and promulgate rules and proce-
dures; to interpret and implement the provisions of this code; to
secure the intent thereof; and to designate requirements appli-
cable because oflocal climatic or other conditions. Such rules
shall not have the effect of waiving structural or fire perfor-
mance requirements specifically provided for in this code, or of
violating accepted engineering methods involving public
safety.
104.3 Inspections. The code official shall make all of the
required inspections, or shall accept reports of inspection by
approved agencies or individuals. All reports of such inspec-
tions shall be in writing and be certified by a responsible officer
of such spproved agency or by the responsible individual. The
code official is authorized to engage such expert opinion as
deemed necessary to report upon unusual technical issues that
arise, subject to the approval of the appointing authority.
104.4 Right of eutry. The code official is authorized to enter
the structure or premises at reasonable times to inspect subject to
constitutional restrictions on unreasonable searches and sei-
zures. If entry is refused or not obtained, the code official is
authorized to pursue recourse as provided by law.
104.5 Identification. The code official shall carry proper iden-
tification when inspecting structures or premises in the perfor-
mance of duties under this code.
104.6 Notices aud orders. The code official shall issue allnec-
essaI}' notices or orders to ensure compliance with this code.
2
104.7 Department records. The code official shall keep offi-
cial records of all business and activities ofthe department
specified in the provisions of this code. Such records shall be
retained in the official records as long as the building or struc-
ture to which such records relate remains in existence, unless
otherwise provided for by other regulations.
D
SECTION 105
APPROVAL
105.1 Modifications. Whenever there are practical difficulties
involved in carrying out the provisions of this code, the code
official shall have the authority to grant modifications for indi-
vidual cases, provided the code official shall first find that spe-
cial individual reason makes the strict letter of this code
impractical and the modification is in compliance with the
intent and purpose of this code and that such modification does
not lessen health, life and fire safety requirements. The details
of action granting modifications shall be recorded and entered
in the department files.
105.2 Alternative materials, methods and equipment. The
provisions of this code are not intended to prevent the installa-
tion of any material or to prohibit any method of construction
not specifically prescribed by this code, provided that any such
alternative has been approved. An alternative material or
method of construction shall be approved where the code offi-
cial finds that the proposed design is satisfactory and complies
with the intent of the provisions of this code, and that the mate-
rial, method or work offered is, for the purpose intended, at
least the equivalent ofthat prescribed in this code in quality,
strength, effectiveness, fire resistance, durability and safety.
105.3 Required testing. Whenever there is insufficient evi-
dence of compliance with the provisions of this code, or evi-
dence that a material or method does not conform to the
requirements of this code, or in order to substantiate claims for
alternative rnaterials or methods, the code official shall have the
authority to require tests to be made as evidence of compliance
at no expense to the jurisdiction.
105.3.1 Test methods. Test methods shall be as specified in
this code or by other recognized test standards. In the
absence of recognized and accepted test methods, the code
official shall be permitted to approve appropriate testing
procedures performed by an approved agency.
105.3.2 Test reports. Reports of tests shall be retained by
the code official for the period required for reteution of pub-
lic records.
105.4 Material and equipment reuse. Materials, equipment
and devices shall not be reused unless such elements are in
good repair or have been reconditioned and tested when neces-
sary, placed in good and proper working condition and
approved.
SECTION 106
VIOLATIONS
106.1 Uulawful acts. It shall be unlawful for a person, firm or
corporation to be in conflict with or in violation of any of the
provisions of this code.
2006 INTERNATIONAL PROPERTY MAINTENANCE CODEw
106.2 Notice of violation. The code official shall serve a notice
of violation or order in accordance with Section 107.
106.3 Prosecution of violation. Any person failing to comply
with a notice of violation or order served in accordance with
I Section 107 shall be deemed guilty of a misdemeanor or civil
. . infraction as determined by the local municipality, and tbe vio-
lation shall be deemed a strict liability offense. If the notice of
violation is not complied with, the code official shall institute
the appropriate proceeding at law or in equity to restrain, cor-
rect or abate such violation, or to require the removal or termi-
nation of the unlawful occupancy of the structure in violation
of the provisions of this code or of the order or direction made
pursuant thereto. Any action taken by the authority having
jurisdiction on such premises shall be charged against the real
estate upon wbich the structure is located and shall be a lien
upon such real estate.
106.4 Violatiou penalties. Any person who shall violate a pro-
vision of this code, or filii to comply therewith, or with any of
the requirements thereof; shall be prosecuted within the limits
provided by state or local laws. Each day that a violation con-
tinues after due notice has been served shall be deemed a sepa-
rate offense.
106.5 Abatement of violatiou. The imposition of the penalties
herein prescribed shall not preclude the legal officer of the
jurisdiction from instituting appropriate action to restrain, cor-
rect or abate a violation, or to prevent illegal occupancy of a
building, structure or premises, or to stop an illegal act, con-
duct, business or utilization of the building, structure or pre-
mises.
SECTION 107
NOTICES AND ORDERS
107.1 Notice to persou responsible. Whenever the code offi-
cial determines that there has been a violation of this code or
has grounds to believe that a violation has occurred, notice
shall be given in the manner prescribed in Sections 107.2 and
107.3 to the person responsible for the violation as specified in
this code. Notices for condemnation procedures shall also
comply with Section 108.3.
107.2 Form. Such notice prescribed in Section 107.1 shall be
in accordance with all of the following:
1. Be in writing.
2. Include a description of the real estate sufficient for iden-
tification.
3. Include a statement of the violation or violations and why
the notice is being issued.
4. Include a correction order allowing a reasonable time to
make the repairs and improvements required to bring the
dwelling unit or structure into compliance with the pro-
visions of this code.
5. Inform the property owner of the right to appeal.
6. Include a statement of the right to file a lien in accordance
with Section 106.3.
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE'"
ADMINISTRATION
107.3 Method of service. Such notice shall be deemed to be
properly served if a copy thereof is:
1. Delivered personally;
2. Sent by certified or first-class mail addressed to the last
known address; or
3. If the notice is returned showing that the letter was not
delivered, a copy thereof shall be posted in a conspicu-
ous place in or about the structure affected by such
notice.
107.4 Penalties. Penalties for noncompliance with orders and
notices shall be as set forth in Section 106.4.
107.5 Transfer of ownership. It shall be unlawful for the
owner of any dwelling unit or structure who has received a
compliance order or upon whom a notice of violation has been
served to sell, transfer, mortgage, lease or otherwise dispose of
such dwelling unit or structure to another until the provisions
of the compliance order or notice of violation have been com-
plied with, or until sucb owner shall first furnish the grantee,
transferee, mortgagee or lessee a true copy of any compliance
order or notice of violation issued by the code official and shall
furnish to the code official a signed and notarized statement
from the grantee, transferee, mortgagee or lessee, acknowledg-
ing the receipt of such compliance order or notice of violation
and fully accepting the responsibility without condition for
making the corrections or repairs required by such compliance
order or notice of violation.
SECTION 108
UNSAFE STRUCTURES AND EQUIPMENT 108.1
General. When a structure or equipment is found by the code
official to be unsafe, or when a structure is found unfit for hrnnan
occupancy, or is found unlawful, such structure shall be
condemned pursuant to the provisions of this code.
108.1.1 Uusafe structures. An unsafe structure is one that
is found to be dangerous to the life, health, property or
safety of the public or the occupants of the structure by not
providing minimum safeguards to protect or warn occu-
pants in the event of fire, or because such structure contains
unsafe equipment or is so damaged, decayed, dilapidated,
structurally unsafe or of such filulty construction or unstable
foundation, that partial or complete collapse is possible.
108.1.2 Unsafe equipmeut. Unsafe equipment includes
any boiler, heating equipment, elevator, moving stairway,
electrical wiring or device, flammable liquid containers or
other equipment on the premises or within the structure
which is in such disrepair or condition that such equipment
is a hazard to life, health, property or safety of the public or
occupants of the premises or structure.
108.1.3 Structnre unfit for human occupancy. A struc-
ture is unfit for human occupancy whenever the code offi-
cial finds that such structure is unsafe, unlawful or, because
of the degree to which the structure is in disrepair or lacks
maintenance, is insanitary, vermin or rat infested, contains
filth and contamination, or lacks ventilation, illumination,
3
ADMINISTRATION
sanitary or heating facilities or other essential equipment
required hy this code, or hecause the location of the struc-
ture constitutes a hazard to the occupants of the structure or to
the puhlic.
108.1.4 Unlawful structure. An unlawful structure is one
found in whole or in part to he occupied by more persons
than permitted under this code, or was erected, altered or
occupied contrary to law.
108.2 Closing of vacaut structures. If the structure is vacant
and unfit for human habitation and occupancy, and is not in
danger of structural collapse, the code official is authorized to
post a placard of condemnation on the premises and order the
structure closed up so as not to he an attractive nuisance. Upon
failure of the owner to close up the premises within the time
specified in the order, the code official shall cause the premises to
he closed and secured through any available public agency or
hy contract or arrangement by private persons and the cost
thereof shall he charged against the real estate upon which the
structure is located and shall he a lien upon such real estate and
may be collected by any other legal resource.
108.3 Notice. Whenever the code official has condemned a
structure Of equipment under the provisions of this section,
notice shall be posted in a conspicuous place in or about the
structure affected by such notice and served on the owner or the
person or persons responsible for the structure or equipment in
accordance with Section 107.3. If the notice pertains to equip-
ment, it shall also be placed on the condemned equipment. The
notice shall he in the form prescribed in Section 107.2.
108.4 Placarding. Upon fuilure of the owner or person respon-
sihle to comply with the notice provisions within the time
given, the code official shall post on the premises or on defec-
tive equipment a placard bearing the word "Condemned" and a
statement of the penalties provided for occupying the premises,
operating the equipment or removing the placard.
108.4.1 Placard removal. The code official shall remove
the condemnation placard whenever the defect or defects
upon which the condemnation and placarding action were
hased have been eliminated. Any person who defaces or
removes a condemnation placard without the approval of
the code official shall he subject to the penalties provided by
this code.
108.5 Prohibited occupaucy. Any occupied structure con-
demned and placarded by the code official shall be vacated as
ordered by the code officia!. Any person who shall occupy a
placarded premises or shall operate placarded equipment, and
any owner or any person responsible for the premises who shall
let anyone occupy a placarded premises or operate placarded
equipment shall be liable for the penalties provided by this
code.
SECTION 109
EMERGENCY MEASURES
109.1 Imminent danger. When, in the opinion of the code offi-
cial, there is imminent danger of failure or collapse of a build-
ing or structure which endangers life, or when any structure or
part of a structure has fullen and life is endangered by the occu-
pation of the structure, or when there is actual or potential dan-
4
ger to the building occupants or those in the proximity of any
structure because of explosives, explosive fumes or vapors or
the presence of toxic fumes, gases or materials, or operation of
defective or dangerous equipment, the code official is herehy
authorized and empowered to order and require the occupants
to vacate the premises forthwith. The code official shall cause
to he posted at each entrance to such structure a notice reading
as follows: "This Structure Is Unsafe and Its Occupancy Has
Beeu Prohihited by the Code Officia!." It shall be unlawful for
any person to enter such structure except for the purpose of
securing the structure, making the required repairs, removing
the hazardous condition or of demolishing the same.
109.2 Temporary safeguards. Notwithstanding other provi-
sions of this code, whenever, in the opinion of the code official,
there is imminent danger due to an unsafe condition, the code
official shall order the necessary work to be done, including the
boarding up of openings, to render such structure temporarily
safe whether or not the legal procedure herein described has
heen instituted; and shall cause such other action to he taken as
the code official deems necessary to meet such emergency.
109.3 Closiug streets. When necessary for public safety, the
code official shall temporarily close structures and close, or
order the authority having jurisdiction to close, sidewalks,
streets, public ways and places adjacent to unsafe structures,
and prohibit the same from being utilized.
109.4 Emergency repairs. For the purposes of this section, the
code official shall employ the necessary labor and materials to
perform the required work as expeditiously as possihle.
109.5 Costs of emergency repairs. Costs incurred in the per-
formance of emergency work shall be paid by the jurisdiction.
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. Any person ordered to take emergency mea-
sures shall comply with such order forthwith. Any affected per-
son shall thereafter, upon petition directed to the appeals board,
be afforded a hearing as described in this code.
SECTION 110
DEMOLITION
nO.1 General. The code official shall order the owner of any
premises upon which is located any structure, which in the code
official's judgment is so old, dilapidated or has become so out
of repair as to be dangerous, unsafe, insanitary or otherwise
unfit for human habitation or occupancy, and such that it is
unreasonable to repair the structure, to demolish and remove
such structure; or if such structure is capable of being made
safe by repairs, to repair and make safe and sauitary or to
demolish and remove at the owner's option; or where there has
been a cessation of normal construction of any structure for a
period of more than two years, to demolish and remove such
structure.
nO.2 Notices and orders. All notices and orders shall comply
with Section 107.
nO.3 Failure to comply. If the owner ofa premises fails to
comply with a demolition order within the time prescrihed, the
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@
code official shall cause the structure to be demolished and
removed, either through an available public agency or by con-
tract or arrangement with private persons, and the cost of such
demolition and removal shall be charged against the real estate
upon which the structure is located and shall be a lien upon such
real estate.
110.4 Salvage materials. When any structure has been
ordered demolished and removed, the governing body or other
designated officer under said contract or arrangement aforesaid
shall have the right to sell the salvage and valuable materials at
the highest price obtainable. The net proceeds of such sale,
after deducting the expenses of such demolition and removal,
shall be promptly remitted with a report of such sale or transac-
tion, including the items of expense and the amounts deducted,
for the person who is entitled thereto, subject to any order of a
court. If such a surplus does not remain to be turned over, the
report shall so state.
SECTION 111
MEANS OF APPEAL
111.1 Application for appeaL Any person directly affected by
a decision of the code official or a notice or order issued under
this code shall have the right to appeal to the board of appeals,
provided that a written application for appeal is filed within 20
days after the day the decision, notice or order was served. An
application for appeal shall be based on a claim that the true
intent of this code or the rules legally adopted thereunder have
been incorrectly interpreted, the provisions of this code do not
fully apply, or the requirements of this code are adequately sat-
isfied by other means.
111.2 Membership of board. The board of appeals shall con-
sist of a minimum of three members who are qualified by expe-
rience and training to pass on matters pertaining to property
maintenance and who are not employees of the jurisdiction.
The code official shall be an ex-officio member but shall have
no vote on any matter before the board. The board shall be
appointed by the chief appointing authority, and shall serve
staggered and overlapping terms.
111.2.1 Alternate members. The chief appointing author-
ity shall appoint two or more alternate members who shall
be called by the board chairman to hear appeals during the
absence or disqualification of a member. Alternate members
shall possess the qualifications required for board member-
ship.
111.2.2 Chairman. The board shall annually select one of
its members to serve as chairman.
111.2.3 Disqualification of member. A member shall not
hear an appeal in which that member has a personal, profes-
sional or financial interest.
111.2.4 Secretary. The chief administrative officer shall
designate a qualified person to serve as secretary to the
board. The secretary shall file a detailed record of all pro-
ceedings in the office of the chief administrative officer.
111.2.5 Compensation of members. Compensation of
members shall be detennined by law.
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE~
ADMINISTRATION
111.3 Notice of meeting. The board shall meet upon notice
from the chairman, within 20 days of the filing of an appeal, or at
stated periodic meetings.
111.4 Opeu hearing. All hearings before the board shall be
open to the public. The appellant, the appellant's representa-
tive, the code official and any person whose interests are
affected shall be given an opportunity to be heard. A quorum
shall consist of not less than two-thirds of the board member-
ship.
111.4.1 Procedure. The board shall adopt and make avail-
able to the public through the secretary procedures under
which a hearing will be conducted. The procedures shall not
require compliance with strict rules of evidence, but shall
mandate that only relevant information be received.
111.5 Postponed heariug. When the full board is not present
to hear an appeal, either the appellant or the appellant's repre-
sentative shall have the right to request a postponement of the
hearing.
111.6 Board decisiou. The board shall modifY orreverse the
decision of the code official only by a concurring vote of a
majority of the total number of appointed board members.
111.6.1 Records and copies. The decision of the board
shall be recorded. Copies shall be furnished to the appellant
and to the code official.
111.6.2 Administratiou. The code official shall take iInme-
diate action in accordance with the decision of the board.
111.7 Court review. Any person, whether or not a previous
party of the appeal, shall have the right to apply to the appropri-
ate court for a writ of certiorari to correct errors of law. Appli-
cation for review shall be made in the manner and time required
by law following the filing of the decision in the office of the
chief administrative officer.
111.8 Stays of enforcemeut. Appeals of notice and orders
(other than Imminent Danger notices) shall stay the enforce-
ment of the notice and order until the appeal is heard by the
appeals board.
5
6
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@
CHAPTER 2
DEFINITIONS
SECTION 201
GENERAL
201.1 Scope. Unless otherwise expressly stated, the following
terms shall, for the purposes of this code, have the meanings
shown in this chapter.
201.2 Interchangeability. Words stated in the present tense
include the future; words stated in the masculine gender
include the feminine and neuter; the singular number includes
the plural and the plural, the singular.
201.3 Terms defined in other codes. Where terms are not de-
fined in this code and are defined in the International Building
Code, International Fire Code, International Zoning Code, In-
. ternational Plumbing Code, International Mechanical Code or
the lCC Electrical Code, such terms shall have the meanings
ascribed to them as stated in those codes.
201.4 Terms not defined. Where tenns are not defined through
the methods authorized by this section, such terms shall have
ordinarily accepted meanings such as the context implies.
201.5 Parts. Whenever the words "dwelling unit," "dwelling,"
"premises," "building," '''rooming house," ''rooming unit"
"housekeeping unit" or "story" are stated in this code, they
shall be construed as though they were followed by the words
"or any part thereof."
SECTION 202
GENERAL DEFINITIONS
APPROVED. Approved by the code official.
BASEMENT. That portion of a building which is partly or
completely below grade.
BATHROOM. A room containing plumbing fixtures includ-
ing a bathtub or shower.
BEDROOM. Any room or space used or intended to be used
for sleeping purposes in either a dwelling or sleeping unit.
CODE OFFICIAL. The official who is charged with the
administration and enforcement of this code, or any duly
authorized representative.
CONDEMN. To adjudge unfit for occupancy.
[B] DWELLING UNIT. A single unit providing complete,
independent living mcilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking and
sanitation.
EASEMENT. That portion of land or property reserved for
present or future use by a person or agency other than the legal
fee owner(s) of the property. The easement shall be pennitted to
be for use under, on or above a said lot or lots.
EXTERIOR PROPERTY. The open space on the premises
and on adjoining property under the control of owners or opera-
tors of such premises.
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE'"
EXTERMINATION. The control and elimination of insects,
rats or other pests by eliminating their harborage places; by
removing or making inaccessible materials that serve as their
food; by poison spraying, fumigating, trapping or by any other
approved pest elimination methods.
GARBAGE. The animal or vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
GUARD. A building component or a system of building com-
ponents located at or near the open sides of elevated walking
surfaces that minimizes the possibility of a fall from the walk-
ing surface to a lower level.
HABITABLE SPACE. Space in a structure for living, sleep-
ing, eating or cooking. Bathrooms, toilet rooms, closets, halls,
storage or utility spaces, and similar areas are not considered
habitable spaces.
HOUSEKEEPING UNIT. A room or group of rooms form-
ing a single habitable space equipped and intended to be used
for living, sleeping, cooking and eating which does not contain,
within such a unit, a toilet, lavatory and bathtub or shower.
IMMINENT DANGER. A condition which could cause seri-
ous or life-threatening injury or death at any time.
INFESTATION. The presence, within or contiguous to, a
structure or premises of insects, rats, vermin or other pests.
INOPERABLE MOTOR VEHICLE. A vehicle which can-
not be driven upon the public streets for reason including but
not limited to being unlicensed, wrecked, abandoned, in a state
of disrepair, or incapable of being moved under its own power.
LABELED. Devices, equipment, appliances, or materials to
which has been affixed a label, seal, symbol or other identifY-
ing mark of a nationally recognized testing laboratory, inspec-
tion agency or other organization concerned with product
evaluation that maintains periodic inspection of the production
of the above-labeled items and by whose label the manufac-
turer attests to compliance with applicable nationally recog-
nized standards.
LET FOR OCCUPANCY OR LET. To permit, provide or
offer possession or occupancy of a dwelling, dwelling unit,
rooming unit, building, premise or structure by a person who is
or is not the legal owner of record thereof; pursuant to a written
or unwritten lease, agreement or license, or pursuant to a
recorded or unrecorded agreement of contract for the sale of
land.
OCCUPANCY. The purpose for which a building or portion
thereof is utilized or occupied.
OCCUPANT. Any individual living or sleeping in a building,
or having possession of a space within a building.
OPENABLE AREA. That part of a window, skylight or door
which is available for unobstructed ventilation and which
opens directly to the outdoors.
7
DEFINITIONS
OPERATOR. Any person who has charge, care or control of a
structure or premises which is let or offered for occupancy.
OWNER. Any person, agent, operator, fIrm or corporation
having a legal or equitable interest in the property; or recorded in
the official records of the state, county or municipality as
holding title to the property; or otherwise having control of the
property, including the guardian of the estate of any such per-
son, and the executor or administrator of the estate of such per-
son if ordered to take possession of real property by a court.
PERSON. An individual, corporation, partnership or any
other group acting as a unit.
PREMISES. A lot, plot or parcel ofland, easement or public
way, including any structures thereon.
PUBLIC WAY. Any street, alley or similar parcel of land
essentially unobstructed from the ground to the sky, which is
deeded, dedicated or otherwise permanently appropriated to
the public for public use.
ROOMING HOUSE. A building arranged or occupied for
lodging, with or without meals, for compensation and not
occupied as a one- or two-family dwelling.
ROOMING UNIT. Any room or group of rooms fonning a
single habitable uuit occupied or intended to be occupied for
sleeping or living, but not for cooking purposes.
RUBBISH. Combustible and noncombustible waste materials,
except garbage; the term shall include the residue from the
burning of wood, coal, coke and other combustible materials,
paper, rags, cartons, boxes, wood, excelsior, rubber, leather,
tree branches, yard trimmings, tin cans, metals, mineral matter,
glass, crockery and dust and other similar materials.
IB] SLEEPING UNIT. A room or space in which people
sleep, which can also include permanent provisions for living,
eating and either sanitation or kitchen facilities, but not both.
Such rooms and spaces that are also part of a dwelling unit are not
sleeping units.
STRICT LIABILITY OFFENSE. An offense in which the
prosecution in a legal proceeding is not required to prove criminal
intent as a part of its case. It is enough to prove that the
defendant either did an act which was prohibited, or failed to do an
act which the defendant was legally required to do.
STRUCTURE. That which is built or constructed or a portion
thereof.
TENANT. A person, corporation, partnership or group,
whether or not the legal owner of record, occupying a building
or portion thereof as a unit.
TOILET ROOM. A room containing a water closet or urinal
but not a bathtub or shower.
VENTILATION. The natural or mechanical process of sup-
plying conditioned or unconditioned air to, or removing such
air from, any space.
WORKMANLIKE. Executed in a skilled manner; e.g., gen-
erally plumb, level, square, in line, undamaged and without
maning adjacent work.
YARD. An open space on the same lot with a structure.
8
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE @
CHAPTER 3
GENERAL REQUIREMENTS
SECTION 301
GENERAL
301.1 Scope. The provisions of this chapter shall govern the
minimum conditions and the responsibilities of persons for
maintenance of structures, equipment and exterior property.
301.2 Responsibility. The owner ofthe premises shall main-
tain the structures and exterior property in compliance with
these requirements, except as otherwise provided for in this
code. A person shall not occupy as owner-occupant or permit
another person to occupy premises which are not in a sanitary
and safe condition and which do not comply with the require-
ments of this chapter. Occupants ofa dwelling unit, rooming
unit or housekeeping unit are responsible for keeping in a
clean, sanitary and safe condition that part of the dwelling unit,
rooming unit, housekeeping unit or premises which they
occupy and control.
301.3 Vacant structures and land. All vacant structures and
premises thereof or vacant land shall be maintained in a clean,
safe, secure and sanitary condition as provided herein so as not
to cause a blighting problem or adversely affect the public
health or safety.
SECTION 302
EXTERIOR PROPERTY AREAS
302.1 Sauitation. All exterior property and premises shall be
maintained in a clean, safe and sanitary condition. The occu-
pant shall keep that part of the exterior property which such
occupant occupies or controls in a clean and sanitary condition.
302.2 Gradiug aud draiuage. All premises shall be graded
and maintained to prevent the erosion of soil and to prevent the
accumulation of stagnant water thereon, or within any structure
located thereon.
Exception: Approved retention areas and reservoirs.
302.3 Sidewalks and driveways. All sidewalks, walkways,
stairs, driveways, parking spaces and similar areas shall be kept
in a proper state of repair, and maintained free from hazardous
conditions.
302.4 Weeds. All premises and exterior property shall be main-
tained free from weeds or plant growth in excess of (jurisdic-
tion to insert height in inches). All noxious weeds shall be
prohibited. Weeds shall be defined as all grasses, annual plants
and vegetation, other than trees or shrubs provided; however,
this term shall not include cultivated flowers and gardens.
Upon failure of the owner or agent having charge of a prop-
erty to cut and destroy weeds after service ofanotice of viola-
tion, they shall be subject to prosecution in accordance with
Section 106.3 and as prescribed by the authority having juris-
diction. Upon failure to comply with the notice of violation,
any duly authorized employee of the jurisdiction or contractor
hired by the jurisdiction shall be authorized to enter upon the
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE'"
property in violation and cut and destroy the weeds growing
thereon, and the costs of such removal shall be paid by the
owner or agent responsible for the property.
302.5 Rodent harborage. All structures and exterior property
shall be kept free from rodent harbomge and infestation. Where
rodents are found, they shall be promptly exterminated by
approved processes which will not be injurious to human
health. After extermination, proper precautions shall be taken
to eliminate rodent harbomge and prevent reinfestation.
302.6 Exhaust vents. Pipes, ducts, conductors, funs or blowers
shall not discharge gases, steam, vapor, hot air, grease, smoke,
odors or other gaseous or particulate wastes directly upon abut-
ting or adjacent public or private property or that of another
tenant.
302.7 Accessory structures. All accessory structures, includ-
ing detached garages, fences and walls, shall be maintained
structurally sound and in good repair.
302.8 Motor vehicles. Except as provided for in other regula-
tions, no inoperative or unlicensed motor vehicle shall be
parked, kept or stored on any premises, and no vehicle shall at
any time be in a state of major disassembly, disrepair, or in the
process of being stripped or dismantled. Painting of vehicles is
prohibited unless conducted inside an approved spray booth.
Exception: A vehicle of any type is permitted to undergo
major overhaul, including body work, provided that such
work is performed inside a structure or similarly enclosed
area designed and approved for such purposes.
302.9 Defacement of property. No person shall willfully or
wantonly damage, mutilate or deface any exterior surface of
any structure or building on any private or public property by
placing thereon any marking, carving or graffiti.
It shall be the responsibility of the owner to restore said sur-
face to an approved state of maintenance and repair.
SECTION 303
SWIMMING POOLS, SPAS AND HOT TUBS 303.1
Swimming pools. Swimming pools shall be maintained in a
clean and sanitary condition, and in good repair.
303.2 Euclosures. Private swimming pools, hot tubs and spas,
containing water more than 24 inches (610 mm) in depth shall
be completely surrounded by a fence or barrier at least 48
inches (1219 mm) in height above the [mished ground level
measured on the side of the barrier away from the pool. Gates
and doors in such barriers shall be self-closing and self-latch-
ing. Where the self-latching device is less than 54 inches (1372
mm) above the bottom of the gate, the release mechanism shall
be located on the pool side of the gate. Self-closing and self-
latching gates shall be maintained such that the gate will posi-
tively close and latch when released from an open position of 6
inches (152 mm) from 1he gatepost. No existing pool enclosure
9
GENERAL REQUIREMENTS
I
shall be removed, replaced or changed in a manner that reduces
its effectiveness as a safety barrier.
Exceptiou: Spas or hot tubs with a safety cover that com-
plies with ASTM F 1346 shall be exempt from the provi-
sions of this section.
SECTION 304
EXTERIOR STRUCTURE
304.1 Geueral. The exterior of a structure shall be maintained in
good repair, structurally sOlmd and sanitaIy so as not to pose a
threat to the public health, safety or welfare.
304.2 Protective treatment. All exterior surfaces, including
but not limited to, doors, door and window frames, cornices,
porches, trim, balconies, decks and fences shall be maintained
in good condition. Exterior wood surfaces, other than decay-
resistant woods, shall be protected from tbe elements and
decay by painting or other protective covering or treatment.
Peeling, flaking and chipped paint shall be eliminated and sur-
faces repainted. All siding and masonry joints as well as those
between the building envelope and the perimeter of windows,
doors, and skylights shall be maintained weather resistant and
water tight. All metal surfaces subject to rust or corrosion shall
be coated to inhibit such rust and corrosion and all surfaces
with rust or corrosion shall be stabilized and coated to inhibit
future rust and corrosion. Oxidation stains shall be removed
from exterior surfaces. Surfaces designed for stabilization by
oxidation are exempt from this requirement.
[F] 304.3 Premises ideutificatiou. Buildings shall have
approved address numbers placed in a position to be plainly
legible and visible from the street or road fronting the property.
These numbers shall contrast with their background. Address
numbers shall be Arabic numerals or alphabet letters. Numbers
shall be a minimum of 4 inches (102 mm) high with a minimum
stroke width of 0.5 inch (12.7 mm).
304.4 Structural members. All structural members shall be
maintained free from deterioration, and shall be capable of
safely supporting the imposed dead and live loads.
304.5 Foundation walls. All foundation walls shall be main-
tained plumb and free from open cracks and breaks and shall be
kept in such condition so as to prevent the entry of rodents and
other pests.
304.6 Exterior walls. All exterior walls shall be free from
holes, breaks, and loose or rotting materials; and maintained
weatherproof and properly surface coated where required to
prevent deterioration.
304.7 Roofs aud drainage. The roof and flashing shall be
sound, tight and uot have defects that admit rain. Roof drainage
shall be adequate to prevent dampness or deterioration in the
walls or interior portion of the structure. Roof drains, gutters
and downspouts shall be maintained in good repair and free
from obstructions. Roof water shall not be discharged in a man-
ner that creates a public nuisance.
304.8 Decorative features. All cornices, belt courses, corbels,
terra cotta trim, wall facings and similar decorative features
shall be maintained in good repair with proper anchorage and
in a safe condition.
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304.9 Overhang extensions. All overhang extensions includ-
ing, but not limited to canopies, marquees, signs, metal awn-
ings, fire escapes, standpipes and exhaust ducts shall be
maintained in good repair and be properly anchored so as to be
kept in a sound condition. When required, all exposed surfuces
of metal or wood shall be protected from the elements and
against decay or rust by periodic application of weather-co at-
ing materials, such as paint or similar surface treatment.
304.10 Stairways, decks, porches and balconies. Evety exte-
rior stairway, deck, porch and balcony, and all appurtenances
attached thereto, shall be maintained structurally sound, in
good repair, with proper anchorage and capable of supporting
the imposed loads.
304.11 Chimneys aud towers. All chimneys, cooling towers,
smoke stacks, and similar appurtenances shall be maintained
structurally safe and sound, and in good repair. All exposed
surfaces of metal or wood sball be protected from the elements
and against decay or rust by periodic application of weather-
coating materials, such as paint or similar surfuce treatment.
304.12 Handrails and guards. Every handrail and guard shall
be firmly fastened and capable of supporting normally imposed
loads and shall be maintained in good condition.
304.13 Window, skylight and door frames. Every window,
skylight, door and frame shall be kept in sound condition, good
repair and weather tight.
304.13.1 Glazing. All glazing materials shall be maintained
free from cracks and holes.
304.13.2 Openable wiudows. Every window, other than a
fixed window, shall be easily openable and capable of being
held in position by window hardware.
304.14 Insect screeus. During the period from [DATE] to
[DATE], every door, window and other outside opening required
for ventilation of habitable rooms, food preparation areas, food
service areas or any areas where products to be included or uti-
lized in food for human consumption are processed, manufac-
tured, packaged or stored shall be supplied with approved
tightly fitting screens of not less than 16 mesh per inch (16
mesh per 25 mm), and every screen door used for insect control
shall have a self-closing device in good working condition.
Exceptiou: Screens shall not be required where other
approved means, such as air curtains or insect repellent funs,
are employed.
304.15 Doors. All exterior doors, door assemblies and hard-
ware shall be maintained in good condition. Locks at all en-
trances to dwelling units and sleeping units shall tightly secure
the door. Locks on means of egress doors shall be in accordance
with Section 702.3.
304.16 Basement hatchways. Every basemeut hatchway shall
be maintained to prevent the entrance of rodents, rain and sur-
face drainage water.
304.17 Guards for basement windows. Every basement win-
dow that is openable shall be supplied with rodent shields,
storm windows or other approved protection against the entry
of rodents.
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2006 INTERNATIONAL PROPERTY MAINTENANCE CODE'"
304.18 Buildiug security. Doors, windows or hatchways for
dwelling units, room units or housekeeping units shall be pro-
vided with devices designed to provide security for the occu-
pants and property within.
304.18.1 Doors. Doors providing access to a dwelling unit,
rooming unit or housekeeping unit that is rented, leased or
o let shall be equipped with a deadbolt lock designed to be
readily openable from the side from which egress is to be
made without the need for keys, special knowledge or effort
and sha11 have a lock throw of not less than I inch (25 rnm).
Sucb deadbolt locks shall be installed according to the man-
ufacturer's specifications and maintained in good working
order. For the purpose of this section, a sliding bolt shall not
o be considered an acceptable deadbolt lock.
304.18.2 Wiudows. Operable windows located in whole or
in part within 6 feet (1828 mm) above ground level or a
walking surface below that provide access to a dwelling
unit, rooming unit or housekeeping unit that is rented,
leased or let shall be equipped with a window sash locking
device.
304.18.3 Basement hatchways. Basemeut hatchways that
provide access to a dwelling unit, rooming unit or house-
keeping unit that is rented, leased or let shall be equipped
with devices that secure the units from unauthorized entry.
SECTION 305
INTERIOR STRUCTURE
305.1 Geueral. The interior of a structure and equipment
therein shall be maintained in good repair, structurally sound
and in a sanitary condition. Occupants shall keep that part of
the structure which they occupy or control in a clean and sani-
tary condition. Every owner of a structure containing a room-
ing house, housekeeping units, a hotel, a dormitory, two or
more dwelling units or two or more nonresidential occupan-
cies, shall maintain, in a clean and sanitary condition, the
shared or public areas ofthe structure and exterior property.
305.2 Structural members. All structural members shall be
maintained structurally sound, and be capable of supporting
the imposed loads.
305.3 Interior surfaces. All interior surfaces, including win-
dows and doors, sha11 be maintained in good, clean and sanitary
conditiou. Peeling, chipping, flaking or abraded paint shall be
repaired, removed or covered. Cracked or loose plaster,
decayed wood and other defective surface conditions shall be
corrected.
305.4 Stairs aud walking surfaces. Every stair, ramp, landing,
balcony, porch, deck or other walking surface shall be main-
tained in sound condition and good repair.
305.5 Handrails and guards. Every handrail and guard shall
be firmly fustened and capable of supporting nonnally imposed
loads and shall be maintained in good condition.
305.6 Interior doors. Every interior door sha11 fit reasonably
well within its frame and shall be capable of being opened and
closed by being properly and securely attached to jambs, head-
ers or tracks as intended by the manufacturer of the attachment
hardware.
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE'"
GENERAL REQUIREMENTS
SECTION 306
HANDRAILS AND GUARDRAILS
306.1 General. Every exterior and interior flight of stairs hav-
ing more than four risers shall have a handrail on one side of the
stair and every open portion of a stair, landing, balcony, porch,
deck, ramp or other walking surface which is more than 30
inches (762 mm) above the floor or grade below shall have
gnards. Handrails shall not be less than 30 inches (762 mm)
high or more than 42 inches (1067 rnm) high measured verti-
cally above the nosing of the tread or above the finished floor of
the landing or walking surfaces. Guards shall not be less than
30 inches (762 rnm) high above the floor of the landing, bal-
cony, porch, deck, or ramp or other walking surface.
Exception: Guards shall not be required where exempted
by the adopted building code.
SECTION 307
RUBBISH AND GARBAGE
307.1 Accumulation of rubbish or garbage. All exterior
property and premises, and the interior of every structure, shall
be free from any accumulation of rubbish or garbage.
307.2 Disposal of rubbish. Every occupant of a structure shall
dispose of all rubbish in a clean and sanitary manner by placing
such rubbish in approved containers.
307.2.1 Rubbish storage facilities. The owner of every
occupied premises shall supply approved covered contain-
ers for rubbish, and the owner of the premises shall be
responsible for the removal of rubbish.
307.2.2 Refrigerators. Refrigerators and similar equip-
ment not in operation shall not be discarded, abandoned or
stored on premises without first removing the doors.
307.3 Disposal of garbage. Every occupant of a structure shall
dispose of garbage in a clean and sanitary manner by placing
such garbage in an approved garbage disposal facility or
approved garbage containers.
307.3.1 Garbage facilities. The owner of every dwelling
shall supply oue of the following: an approved mechanical
food waste grinder in each dwelling unit; an approved incin-
erator unit in the structure available to the occupants in each
dwelling unit; or an approved leakproof, covered, outside
garbage container.
307.3.2 Containers. The operator of every establishment
producing garbage shall provide, and at all times cause to be
utilized, approved leakproof containers provided with
close-fitting covers for the storage of such materials until
removed from the premises for disposal.
SECTION 308
EXTERMINATION
308.1 Iufestation. All structures shall be kept free from insect
and rodent infestation. All structures in which insects or
rodents are found shall be promptly extenninated by approved
processes that will not be injurious to human health. After
extermination, proper precautions shall be taken to prevent
reinfestation.
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GENERAL REQUIREMENTS
308.2 Owner. The owner of any structure shall be responsible
for extermination within the structure prior to renting or leas-
ing the structure.
308.3 Single occupant The occupant of a one-family dwelling
or of a single-tenant nonresidential structure shall be responsi-
ble for extermination on the premises.
308.4 Multiple occupancy. The owner of a structure containing
two or more dwelling units, a multiple occupancy, a rooming
house or a nonresidential structure shall be responsible for
extermination in the public or shared areas of the structure and
exterior property. If infestation is caused by failure of an occupant
to prevent such infestation in the area occupied, the occupant shaIl
be responsible for extermination.
308.5 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 shaIl be responsible for extermina-
tion.
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CHAPTER 4
LIGHT, VENTILATION AND
OCCUPANCY LIMITATIONS
SECTION 401
GENERAL
401.1 Scope. The provisions of this chapter shall govern the
minimum conditions and standards for light, ventilation and
space for occupying a structure.
401.2 Responsibility. The owner of the structure shall provide
and maintain light, ventilatiou and space conditions in compli-
ance with these requirements. A person shall not occupy as
owner-occupant, or pennit another person to occupy, any pre-
mises that do not comply with the requirements of this chapter.
401.3 Alternative devices. In lieu of the means for natural
light and ventilation herein prescribed, artificial light or
mechanical ventilation complying with the International
Building Code shall be permitted.
SECTION 402
LIGHT
402.1 Habitable spaces. Every habitable space shall have at
least one window of approved size facing directly to the out-
doors or to a court. The minimum total glazed area for every
habitable space shall be 8 percent of the floor area of such
room. Wherever walls or other portions of a structure face a
window of any room and such ohstructions are located less
than 3 feet (914 mm) from the window and extend to a level
above that of the ceiling of the room, such window shall not be
deemed to face directly to the outdoors nor to a court and shall
not he included as contributing to the required minimum total
window area for the room.
Exception: Where natural light for rooms or spaces without
exterior glazing areas is provided through an adjoining
room, the unobstructed opening to the adjoining room shall
be at least 8 percent of the floor area of the interior room or
space, but not less than 25 square feet (2.33 m'). The exte-
rior glazing area shall he based on the total floor area being
served.
402.2 Common halls and stairways. Every common hall and
stairway in residential occupancies, other than in one- and two-
family dwellings, shall be lighted at all times with at least a 60-
watt standard incandescent light bulb for each 200 square feet
(19 m') of floor area or equivalent illumination, provided that
the spacing between lights shall not be greater than 30 feet
(9144 mm). In other than residential occupancies, means of
egress, including exterior means of egress, stairways shall be
illuminated at all times the building space served by the means
of egress is occupied with a minimum of I footcandle (II lux)
at floors, landings and treads.
402.3 Other spaces. All other spaces shall be provided with
natural or artificial light sufficient to permit the maintenance of
sanitary conditions, and the safe occupancy of the space and
utilization ofthe appliances, equipment and fixtures.
2006 INTERNATIONAL PROPERTY MAINTENANCE CODEw
SECTION 403
VENTILATION
403.1 Habitable spaces. Every habitable space shall have at
least one openable window. The total openable area of the win-
dow in every room shall be equal to at least 45 percent of the
minimum glazed area required in Section 402.1.
Exception: Where rooms and spaces without openings to
the outdoors are ventilated through an adjoining room, the
unobstructed opening to the adjoining room shall be at least
8 percent of the floor area of the interior room or space, but
not less than 25 square feet (2.33 m'). The ventilation open-
ings to the outdoors shall be based on a total floor area being
ventilated.
403.2 Bathrooms and toilet rooms. Every bathroom and toi-
let room shall comply with the ventilation requirements for
habitable spaces as required by Section 403.1, except that a
window shall not be required in such spaces equipped with a
mechanical ventilation system. Air exhausted by a mechanical
ventilation system from a bathroom or toilet room shall dis-
charge to the outdoors and shall not be recirculated.
403.3 Cooking facilities. Unless approved through the certifi-
cate of occupancy, cooking sball not be permitted in any room-
ing unit or dormitory unit, and a cooking facility or appliance
shall not be permitted to be present in the rooming unit or dor-
mitory unit.
Exceptious:
I. Where specifically approved in writing by the code
official.
2. Devices such as coffee pots and microwave ovens
shall not be considered cooking appliances.
403.4 Process ventilatiou. Where injurious, toxic, irritating or
noxious fumes, gases, dusts or mists are generated, a local
exhaust ventilation system shall be provided to remove the con-
taminating agent at the source. Air shall be exhausted to the
exterior and not be recirculated to any space.
403.5 Clothes dryer exhaust. Clothes dryer exhaust systems
shall be independent of all other systems and shall be exhausted in
accordance with the manufacturer's instructions.
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SECTION 404
OCCUPANCY LIMITATIONS
404.1 Privacy. Dwelling units, hotel units, housekeeping units,
rooming units and dormitory units shall be arranged to provide
privacy and be separate from other adjoining spaces.
404.2 Minimum room widths. A habitable room, other than a
kitchen, shall not be less than 7 feet (2134 mm) in any plan
dimension. Kitchens shall have a clear passageway of not less
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LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS
than 3 feet (914 mm) between counterfronts and appliances or
counterfronts and walls.
404.3 Minimnm ceiling heights. Habitable spaces, hallways,
conidors, laundry areas, bathrooms, toilet rooms and habitable
basement areas shall have a clear ceiling height of not less than 7
feet (2134 mm).
Exceptions:
1. In one- and two-family dwellings, beams or girders
spaced not less than 4 feet (1219 mm) on center and
projecting not more than 6 inches (152 mm) below the
reqnired ceiling height.
2. Basement rooms in one- and two-family dwellings
occupied exclusively for laundry, study or recreation
purposes, having a ceiling height of not less than 6
feet 8 inches (2033 mm) with not less than 6 feet 4
inches (1932 mm) of clear height under beams, gird-
ers, ducts and similar obstructions.
3. Rooms occupied exclusively for sleeping, study or
similar purposes and having a sloped ceiling over all
or part of the room, with a clear ceiling height of at
least 7 feet (2134 mm) over not less than one-third of
the required minimum floor area. In calculating the
floor area of such rooms, only those portions of the
floor area with a clear ceiling height of 5 feet (1524
mm) or more shall be included.
404.4 Bedroom and living room requirements. Every bed-
room and living room shall comply with the requirements of
Sections 404.4.1 through 404.4.5.
404.4.1 Room area. Every living room shall contain at
least 120 square feet (11.2 m') and every bedroom shall con-
tain at least 70 square feet (6.5 m').
404.4.2 Access from bedrooms. Bedrooms shall not con-
stitute the only means of access to other bedrooms or habit-
able spaces and shall not serve as the only means of egress
from other habitable spaces.
Exception: Units that contain fewer than two bedrooms.
404.4.3 Water closet accessibility. Every bedroom shall
have access to at least one water closet and one lavatory
without passing through another bedroom. Every bedroom
in a dwelling unit shall have access to at least one water
closet and lavatory located in the same story as the bedroom
or an adjacent story.
404.4.4 Probibited occupancy. Kitchens and nonhabitable
spaces shall uot be used for sleeping purposes.
404.4.5 Other requiremeuts. Bedrooms shall comply with
the applicable provisions of this code including, but not lim-
ited to, the light, ventilation, room area, ceiling height and
room width requirements of this chapter; the plumbing
fucilities and water-heating facilities requirements of Chap-
ter 5; the heating fucilities and electrical receptacle require-
ments of Chapter 6; and the smoke detector and emergency
escape requirements of Chapter 7.
1404.5 Overcrowding. The number of persons occupying a
dwelling unit shall not create conditions that, in the opinion of
14
:: ~~~~;:~ial, endanger the life, health, safety or welfare of I D
404.6 Eflicieucy unit. Nothing in this section shall prohibit an
efficiency living unit from meeting the following require-
ments:
1. A unit occupied by not more than two occupants shall
have a clear floor area of not less than 220 square feet
(20.4 m'). A unit occupied by three occupants shall have
a clear floor area of not less than 320 square feet (29.7
ID2). These required areas shall be exclusive of the areas
required by Items 2 and 3.
2. The unit shall be provided with a kitchen sink, cooking
appliance and refrigeration fucilities, each having a clear
working space of not less than 30 inches (762 mm) in
front. Light and ventilation conforming to this code shall
be provided.
3. The unit shall be provided with a separate bathroom con-
taining a water closet, lavatory and bathtub or shower.
4. The maximum number of occupants shall be three.
404.7 Food preparatiou. All spaces to be occupied for food
preparation purposes shall contain suitable space and equip-
ment to store, prepare and serve foods in a sanitary manner.
There shall be adequate facilities and services for the sanitary
disposal of food wastes and refuse, including fucilities for tem-
porary storage.
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