Memorandum

City of Lawrence

Planning & Development Services

TO:	David L. Corliss, City Manager
FROM:	Brian Jimenez, Code Enforcement Manager
CC:	Scott McCullough, Director Planning & Development Services
Date:	November 16, 2010
RE:	Adoption of 2009 International Property Maintenance Code

Background

In 2007, the Development Services Department initiated the review of the 2006 International Code Council (ICC) series of codes which included the International Property Maintenance Code.  The adoption of the 2006 International family of “I” codes became effective on January 1, 2008.

The 2006 International Property Maintenance Code was adopted with amendments to replace the 1997 Uniform Housing Code which had been the City’s adopted code that regulated minimum interior standards for structures.  The Uniform Housing Code became obsolete when the City adopted the International family of codes as the International Property Maintenance Code references other “I” codes throughout the code. 

The Property Maintenance Code and the Environmental Code are the City’s two enforcement ordinances to regulate minimum standards for all residential and non-residential properties located throughout the City. 

The Property Maintenance Code specifically constitutes minimum requirements and standards 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 greater part of the Property Maintenance Code focuses on minimum code requirements for the exterior and interior of structures.  Section 302, exterior property areas, is somewhat limited in scope regarding exterior storage, trash issues, weeds and inoperable vehicles.  These categories are addressed appropriately in the Environmental Code and Weed Code.

The Environmental Code is a standalone ordinance that does not reference any state or national code entity regarding property maintenance conditions.  The Code regulates exterior conditions by setting the minimum standards for yards/porches as well as addressing vehicles that are inoperable, not currently registered or parked in violation of the Code.   Furthermore, the Code regulates trash and trash container standards.  It should be noted that the Code does address minimum standards for exterior conditions of a structure; however, the scope pales in comparison to the 2009 International Property Maintenance Code’s relevant code sections.

Review Process

The Community Development Advisory Committee (CDAC) is the hearing board for appeals for the Environmental Code and the Property Maintenance Code; therefore, the 2009 International Property Maintenance Code with amendments was presented to the Committee for their review. 

The Community Development Advisory Committee and staff have completed the review of the 2009 International Property Maintenance Code and recommend the adoption of the Property Maintenance Code, Ordinance No. 8587, to correspond with the adoption of the family of “I” codes that were adopted by the City Commission on November 2, 2010.

Code Changes

There are several notable code changes in the 2009 International Property Maintenance Code as well as several code sections where staff amended the code to address challenges that staff experiences in enforcing minimum standards for structures and premises.   Below are some of the highlights.

• (Section 108.1.5) Dangerous structures or premises. 

This code section is new to the 2009 IPMC.  There are now eleven categories that clearly describe conditions that declare a structure or premises to be dangerous. This new language will provide valuable and descriptive code language for staff to reference when determining whether a structure or premises is dangerous. 

• (Section 108.2.1) Authority to disconnect service utilities.  

In case of emergency, where necessary, the code section provides the ability to eliminate an immediate hazard to life or property or when such utility connection has been made without approval. 

• (Section 108.6) Abatement methods.

This code section is new to the 2009 IPMC and has replaced 108.6 (Declaration) which identified three options to abate substandard building code violations. The new code section incorporates the three existing options to abate violations of an unsafe building, premises or equipment.

• Section 110.1 Demolition (General)

There is new language to address situations where a structure has had a cessation of normal construction for a period of one year.  In this scenario, the code official shall order the owner of the structure to demolish and remove such structure or board up until future repair.  Boarding the building up for future repair shall not extend beyond 180 days, unless approved by the building official.

Structures that do not meet the criteria for demolition are not affected by this new language. Additionally, Section 110.1.1 (Boarding Standard) has been added to address the aesthetics of the boarding up of structures.

• Section 302.2 (Grading and Drainage)

New language implemented to address storm water runoff and the storage of soil, gravel, and mulch.

• Section 304 (Exterior Structure) 304.1.1 Unsafe Conditions

This section is new to the 2009 IPMC.  The code section identifies 13 categories of unsafe conditions regarding the exterior elements of a structure that will assist staff significantly in addressing dilapidated structures. 

• Section 304.7 (Roofs and Drainage)

Incorporated language to address roof water and water from intermittent sources from discharging at a point closer than five feet to any adjoining property line nor in a manner that creates a public nuisance. 

• Section 304.19 (Fences)

New code section to specifically address deteriorated fences. 

• Section 305 (Interior Structure) 305.1.1 (Unsafe Conditions)

This section is new to the 2009 IPMC.  The code section identifies 6 categories of conditions that yield the interior of a structure to be unsafe.

• Section 306.1.1 Component Serviceability (Unsafe Conditions)

New code section that identifies 6 components of a structure and equipment with respective sub categories outlining unsafe conditions for each category respectively.

• Section 309.3 Infestation (Single Occupant)

Amendment to code language specifies extermination responsibility is that of the tenants after 30 days of occupancy.

• Section 604.3.1 Abatement of electrical hazards associated with water exposure

Section 604.3.1.1 Electrical Equipment

The provisions of this section govern the repair and replacement of electrical systems and equipment that have been exposed to water.  There are 18 exceptions for equipment that can be replaced.

Requested Action

Adopt Ordinance No. 8587, on first reading.