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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) CD12:12 JOBNAME: No Job Name PAGE: 155 SESS: 2 OUTPUT: Tue ApT 8 12:31:102003 /frrsUpubdoc~mcc/3/11217_full 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. CD12:13 JOBNAME: No Job Name PAGE: 156 SESS: 2 OUTPUT: Tue Apr 812:31:10 2003 /first/pubdocs/mcc/3/11217 _full ~ 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. CD12:14 JOBNAME: No Job Name PAGE: 157 SESS: 2 OUTPUT: Tue Apr 8 12:31:102003 /firsVpubdocs/mcc/3/11217~fUll 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. CD12:15 JOBNAME: No Job Name PAGE: 158 SESS: 2 OUTPUT: Tue Apr 812:31:102003 /first/pubdocs/mcc/3/11217 jull ~ 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. CD12:16 JOBNAME: No Job Name PAGE: ]59 SESS: 2 OUTPUT: Tue Apr 8 ]2:3]:10 2003 /firsVpubdocs/mcc/3/]]2]7_full 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) CD12:17 JOBNAME: No Job Name PAGE: 160 SESS: 2 OUTPUT: Tue Apr 812:31:102003 /firstlpubdocs/mcc/3/11217 jull ~ 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 CD12:18 JOBNAME: No Job Name PAGE; 161 SESS: 2 OUTPUT: Tue Apr 8 12:31:102003 /frrst/pubdocs/mcc/3/11217 Jull 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) CD12:19 JOBNAME: No Job Name PAGE: 162 SESS: 2 OUTPUT: Tue Apr 812:31:102003 /frrst/pubdocs/mcc/3/11217 jull ~ 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) CD12:20 JOBNAME: No Job Name PAGE: 163 SESS: 2 OUTPUT: Tue Apr 812:31:102003 /first/pubdocslmcc/3/11217 Jull BUILDINGS AND BUILDING REGULATIONS ~ 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) CD12:21 JOBNAME: No Job Name PAGE: 164 SESS: 2 OUTPUT: Tue Apr 8 12:31:102003 /first/pubdocs/mcc/3/11217 jull ~ 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) CD12:22 JOBNAME: No Job Name PAGE: 165 SESS: 2 OUTPUT: Tue ApT 8 12:31:102003 /first/pubdocs/mcc/3/11217 Jull BUILDINGS AND BUILDING REGULATIONS ~ 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. CD12:23 JOBNAME: No Job Name PAGE: 166 SESS: 2 OUTPUT: Tue Apr 812:31:102003 /firnVpubdocs/mcc/3/11217_fUll ~ 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 CD12:24 JOBNAME: No Job Name PAGE: 167 SESS: 2 OUTPUT: Tue Apr 812:31:10 2003 /first/pubdocs/mcc/3/J 1217_ full 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. 10 304.9 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. I 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. 11 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. 12 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ 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. I 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 13 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. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE @