ls_property_maintenance_code_11_17_10_2009

ORDINANCE NO. 8587

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS REPEALING ARTICLE 10 OF CHAPTER V OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2009 EDITION, AND AMENDMENTS THERETO; AND ADOPTING THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2009 EDITION, AND EXCEPTING, AMENDING AND MODIFYING CERTAIN OF ITS PROVISIONS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1. Article 10 of Chapter V of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto, is hereby repealed.

Section 2. Article 10 of Chapter V of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto, is enacted to read as follows, the intent being to replace the current provisions:

ARTICLE 10. PROPERTY MAINTENANCE CODE

5-1001 INTERNATIONAL PROPERTY MAINTENANCE CODE INCORPORATED.

The International Property Maintenance Code, 2009 Edition, published by the International Code Council, is hereby adopted by reference as if it were fully set out in this article, except for those portions that are hereinafter deleted, modified or amended.

5-1002 SAME.

Not less than one (1) copy of the 2009 International Property Maintenance Code, marked or stamped in the manner provided by K.S.A. 12-3010, with all sections or portions thereof intended to be omitted clearly marked and showing portions that are amended and to which shall be attached a copy of amendments, shall be filed with the City Clerk and shall be open to inspection and available to the public at reasonable business hours. Official copies of such Code shall be supplied at the cost of the City to the officials and agencies in the manner listed and set forth in K.S.A.12-3010. Subsequent references to the "International Property Maintenance Code" or "Standard Code" shall mean the "International Property Maintenance Code, 2009 Edition”, as adopted herein.

5-1003 SEVERABILITY.

If any section, clause, sentence, or phrase of this Article is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this Article.

5-1004 AMENDMENTS TO INTERNATIONAL PROPERTY MAINTENANCE CODE.

The International Property Maintenance Code, 2009 Edition is amended or changed as follows. The amendment of any section shall not serve to amend or repeal any other discretely numbered provision of the code, whether or not such provision is considered a section or subsection, unless that section or subsection is specifically referenced in the ordinance.

5-1004.1 Section 103.5 of the International Property Maintenance Code is hereby deleted.

5-1004.2 Section 106 of the International Property Maintenance Code and the indicated subsections are hereby amended to read as follows:

106.1 UNLAWFUL 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.

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 Section 107 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation 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, correct or abate such violation, or to require the removal or termination 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 which the structure is located and shall be a lien upon such real estate.

106.4 VIOLATION PENALTIES.

Any person who shall violate a provision of this code, or fail 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 continues after due notice has been served shall be deemed a separate offense. Any person convicted of a violation of any provision of this article shall be fined in an amount not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or be imprisoned for not less than five (5) days nor more than three (3) months; or be both so fined and imprisoned.

106.5 ABATEMENT OF VIOLATION.

The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.

5-1004.3 Section 108 of the International Property Maintenance Code and the indicated subsections are hereby amended to read as follows:

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 human occupancy , or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.

108.1.1 UNSAFE 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 occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.

108.1.2 UNSAFE EQUIPMENT.

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 STRUCTURE UNFIT FOR HUMAN OCCUPANCY.

A structure is unfit for human occupancy whenever the code official 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, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

108.1.4 UNLAWFUL STRUCTURE.

An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law.

108.1.5 DANGEROUS STRUCTURE OR PREMISES.

For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous:

1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings.

2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.

3. Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged.

4. Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value.

5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way.

6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.

7. The building or structure is neglected , damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.

8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.

9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

10. Any building or structure, because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health.

11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.

108.2 CLOSING OF VACANT 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 be 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 be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.

108.2.1 AUTHORITY TO DISCONNECT SERVICE UTILITIES.

The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 102.7 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter.

108.3 NOTICE.

Whenever the code official has condemned a structure or 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 equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2.

108.4 PLACARDING.

Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective 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 based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code.

108.5 PROHIBITED OCCUPANCY.

Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. 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.

108.6 ABATEMENT METHODS.

The owner, operator, or occupant of a building, premises or equipment deemed unsafe by a code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.

Any building deemed unsafe under this Code shall be made to comply with one of the following:

(A) The building shall be repaired in accordance with the current Building Code or other current Code applicable to the type of unsafe conditions requiring repair; or

(B) The building shall be demolished at the option of the building owner; or

(C) If the building does not constitute an immediate danger to the life, limb, property or safety of the public, it may be vacated, secured and maintained in accordance with Sec. 9-606.2 Exterior Conditions (Structure) of the Code for the City of Lawrence. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or of the occupants, it shall be ordered to be vacated.

5-1004.4 Section 110 of the International Property Maintenance Code and the indicated subsections are hereby amended to read as follows:

110.1 GENERAL.

The code official shall order the owner of any premises upon which is located any structure, which in the code official judgment after review is so deteriorated or 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 sanitary, or to board up and hold for future repair 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~~ one year the code official shall order the owner to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond ~~one year~~, 180 days unless approved by the building official.

110.1.1 BOARDING STANDARD.

All windows and doors shall be boarded in an approved manner to prevent entry by unauthorized persons and shall be painted to correspond to the color of the existing structure.

110.2 NOTICES AND ORDERS.

All notices and orders shall comply with Section 107.

110.3 FAILURE TO COMPLY.

If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract 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 transaction, 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.

5-1004.5 Section 111 of the International Property Maintenance Code and the indicated subsections are hereby amended to read as follows:

111.0 APPEAL COMMITTEE.

The Community Development Advisory Committee shall serve as the appeal body for any appeals sought pursuant to the International Property Maintenance code. The term “board of appeals” shall mean the Community Development Advisory Committee.

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 there under have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.

~~111.2 Membership of board.~~

The board of appeals shall consist of a minimum of three members who are qualified by experience 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 ENFORCEMENT OF THE ORDER OF THE CODE OFFICIAL OR THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE; compliance. After any order of the of the Code Official or the Community Development Advisory Committee made pursuant to this Code becomes final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a public offense. Every day during on or which a violation occurs or continues shall constitute a separate offense.

~~111.2.1 Alternate members.~~

The chief appointing authority 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 membership.

111.2.12 CHAIRMAN.

The board of appeals shall annually select one of its members to serve as chairman and vice chairman.

111.2.23 DISQUALIFICATION OF MEMBER.

A member shall not hear an appeal in which that member has a personal, professional 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 proceedings in the office of the chief administrative officer.

~~111.2.5 Compensation of members.~~

~~Compensation of members shall be determined by law.~~

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 OPEN HEARING.

All hearings before the board shall be open to the public. The appellant, the appellant's representative, 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~~ a majority of the ~~board membership~~ committee members.

111.4.1 PROCEDURE.

The board shall adopt and make available 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 HEARING.

~~When the full board~~ When the required majority of the board is not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.

111.6 BOARD DECISION.

The board shall modify or reverse the decision of the code official only by a concurring vote of a majority of ~~the total number of appointed board members~~ a required quorum.

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 ADMINISTRATION.

The code official shall take immediate 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 appropriate court for a writ of certiorari to correct errors of law. Application 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 ENFORCEMENT.

Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the appeals board.

5-1004.6 Section 112 of the International Property Maintenance Code is hereby deleted.

5-1004.7 Section 202 of the International Property Maintenance Code is hereby amended by adding the following definitions:

BUILDING OFFICIAL. The Code Enforcement Manager or his/her authorized representatives charged with the enforcement of this Code, including, but not limited to, appointed deputy(s).

COMMUNITY DEVELOPMENT ADVISORY COMMITTEE. The City board

appointed by the Governing Body to conduct hearings pursuant to this article

GOVERNING BODY. The City Commission of the City of Lawrence, Kansas.

5-1004.8 Section 302 of the International Property Maintenance Code and the indicated subsections are hereby amended to read as follows:

302.1 SANITATION.

All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.

302.2 GRADING AND DRAINAGE.

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. Storm water must be diverted away from any structure, while not constituting a hazard or nuisance to adjacent properties. Mounded soil, gravel or mulch may not be stored on a property unless such property is properly zoned and has been approved for exterior storage.

Exceptions:

1. Approved retention areas and reservoirs.

2. Landscaped berms that are properly landscaped with living

vegetation.

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, including sidewalks located in the Public-way.

~~302.4 Weeds.~~

All premises and exterior property shall be maintained free from weeds or plant growth in excess of (jurisdiction 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 property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. 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 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 harborage 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 harborage and prevent re-infestation.

302.6 EXHAUST VENTS.

Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.

302.7 ACCESSORY STRUCTURES.

All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.

~~302.8 Motor vehicles.~~

Except as provided for in other regulations, 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 surface to an approved state of maintenance and repair.

5-1004.9 Section 303 of the International Property Maintenance Code and the indicated subsections are hereby amended to read as follows:

303.1 SWIMMING POOLS.

Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.

303.2 ENCLOSURES.

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)~~ 72 inches (1828.8mm) in height above the finished 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-latching. 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 positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.

Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section.

5-1004.10 Section 304 of the International Property Maintenance Code and the indicated subsections are hereby amended to read as follows:

304.1 GENERAL.

The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.

304.1.1 UNSAFE CONDITIONS.

The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings:

1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;

2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects;

3. Structures or components thereof that have reached their limit state;

4. Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not maintained, weather resistant or water tight;

5. Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects;

6. Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;

7. Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;

8. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads resisting all load effects;

9. Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects;

10. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;

11. Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;

12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guard s and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; or

13. Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.

Exceptions:

1. When substantiated otherwise by an approved method.

2. Demolition of unsafe conditions shall be permitted when approved by the code official.

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 the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces 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.

304.3 PREMISES IDENTIFICATION.

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 maintained 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 AND DRAINANGE.

The roof and flashing shall be sound, tight and not 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 and water from intermittent sources such as discharges from sump pumps, foundation drains, or other similar sources, shall not be discharged at a point closer than five feet to any adjoining property line nor in a manner that creates a public nuisance.

Exception:

Lawn sprinklers

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.

304.9 OVERHANGE EXTENSIONS.

All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, 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 surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

304.10 STAIRWAYS, DECKS, PORCHES AND BALCONIES.

Every exterior 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 AND 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 shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface 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 WINDOWS.

Every window, other than a fixed window, shall be easily openable. ~~and capable of being held in position by window hardware.~~

304.14 INSECT SCREENS.

~~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 utilized in food for human consumption are processed, manufactured, 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~~.

~~Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.~~

304.15 DOORS.

All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances 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 basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.

304.17 GUARDS FOR BASEMENT WINDOWS.

Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.

304.18 BUILDING SECURITY.

Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within.

304.18.1 DOORS.

Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or 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 shall have a lock throw of not less than 1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer's specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock.

304.18.2 WINDOWS.

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.

Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry.

304.19 FENCES.

All fencing including gates shall be maintained in sound condition free of damage, breaks, or missing structural members. Areas that are leaning, buckling, sagging, or deteriorating shall be repaired or replaced with a material compatible with the undamaged portions of the fence. Where fencing has been previously painted and there are areas of chipping, peeling, scaling or missing paint equal to or greater than 20 percent of the fence surface, then such surface shall be repainted, or stripped of all paint and given a water-resistant coating if necessary.

5-1004.11 Section 308 of the International Property Maintenance Code and the indicated subsections are hereby amended to read as follows:

308.1 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.

308.2 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.~~

~~308.2.1 Rubbish storage facilities.~~

~~The owner of every occupied premises shall supply approved covered containers~~ ~~for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.~~

~~308.2.2 Refrigerators.~~

~~Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors.~~

308.3 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.~~

~~308.3.1 Garbage facilities~~.

The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container.

~~308.3.2 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.

5-1004.12 Section 309 of the International Property Maintenance Code and the indicated subsections are hereby amended to read as follows:

309.1 INFESTATION.

All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re-infestation.

309.2 OWNER.

The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.

309.3 SINGLE OCCUPANT.

The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises after 30 days of occupancy.

309.4 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 and owner shall be responsible for extermination.~~

309.5 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 shall be responsible for extermination.

5-1004.13 Section 402 of the International Property Maintenance Code and the indicated subsections are hereby amended to read as follows:

402.1 HABITABLE SPACES.

Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. W herever walls or other portions of a structure face a window of any room and such obstructions 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 be included as contributing to the required minimum total window area for the room.

Exceptions:

(1) 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 m2). The exterior glazing area shall be based on the total floor area being served.

(2) In lieu of required exterior glazed openings for natural light, approved artificial lighting may be used.

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 m2) 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 1 foot-candle (11 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 of the appliances, equipment and fixtures.

5-1004.14 Section 404.6 of the International Property Maintenance Code is hereby deleted.

5-1004.15 [P] Section 502 of the International Property Maintenance Code and the indicated subsections are hereby amended to read as follows:

502.1 DWELLING UNITS.

Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. Any kitchen appliance supplied by the owner, including but not limited to stoves and refrigerators, shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.

502.2 ROOMING HOUSES.

At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.

502.3 HOTELS.

Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each ten occupants.

502.4 EMPLOYEES’ FACILITIES.

A minimum of one water closet, one lavatory and one drinking facility shall be available to employees.

502.4.1 DRINKING FACILITIES.

Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms.

502.5 PUBLIC TOILET FACILITIES.

Public toilet facilities shall be maintained in a safe sanitary and working condition in accordance with the International Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises.

5-1004.16 Section 602 of the International Property Maintenance Code and the indicated subsections are hereby amended to read as follows:

602.1 FACLITIES REQUIRED.

Heating facilities shall be provided in structures as required by this section.

602.2 RESIDENTIAL OCCUPANCIES.

Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. ~~based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code.~~ Cooking appliances shall not be used to provide space heating to meet the requirements of this section.

~~Exception: In areas where the average monthly temperature is above 30°F (1°C), a minimum temperature of 65°F (18°C) shall be maintained~~.

602.3 HEAT SUPPLY.

Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat ~~during the period from [DATE] to [DATE]~~ to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.

~~Exceptions:~~

1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.

~~2. In areas where the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18°C) shall be maintained.~~

602.4 OCCUPIABLE WORK SPACES.

Indoor occupiable work spaces shall be supplied with heat ~~during the period from [DATE] to [DATE]~~ to maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied.

Exceptions:

1. Processing, storage and operation areas that require cooling or special temperature conditions.

2. Areas in which persons are primarily engaged in vigorous physical activities.

602.5 ROOM TEMPERATURE MEASUREMENT.

The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall.

5-1004.17 Section 605 of the International Property Maintenance Code and the indicated subsections are hereby amended to read as follows:

605.1 INSTALLATION.

All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner.

605.2 RECEPTACLES.

Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle~~. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection.~~ All kitchen countertop receptacles and all bathroom receptacles are required to be a receptacle with a ground fault circuit interrupter.

605.3 LUMINAIRES.

Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric luminaire.

5-1004.18 [F] Section 702 of the International Property Maintenance Code and the indicated subsections are hereby amended to read as follows:

702.1 General.

A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Fire Code.

702.2 Aisles.

The required width of aisles in accordance with the International Fire Code shall be unobstructed.

702.3 Locked doors.

All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code.

702.4 Emergency escape openings.

Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. Basements used as sleeping rooms shall comply with the International Residential Code as adopted by the City of Lawrence.

5-1005 SUPPLEMENTAL TO EXISTING CODES.

The provisions of this Code shall not be construed to impair or limit the force and effect of any other applicable ordinance, code or statute excepting those hereby expressly repealed. This Code shall be construed to be consistent with other applicable law to the maximum extent possible. In the event of clear conflict between the provisions of this Code and other applicable law, the more restrictive shall apply.

5-1006 AUTHORITY TO ISSUE NOTICE TO APPEAR.

Pursuant to the authority of Charter Ordinance No. 31, the inspector personnel of the Planning and Development Services Department are hereby authorized to issue Notice to Appear citations for alleged violations of the provisions of Chapter V, Article 10 and Chapters IX and XX of the Code of the City of Lawrence, Kansas, and amendments thereto.

Section 3. SEVERABILITY.

If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 4. This Ordinance shall take effect and be in full force on and after January 1, 2011 and upon its passage and publications as provided by law.

PASSED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS this ___day of __________________________, 2010

Approved:

______________________________________

Mike Amyx, Mayor

ATTEST:

__________________________________

Jonathan M. Douglass, City Clerk

APPROVED AS TO FORM AND LEGALITY:

__________________________________

Toni Wheeler, Director of Legal Services