ca_property_maintenance_ordinance

ORDINANCE NO. 8873

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, REPEALING EXISTING CHAPTER V, ARTICLE 10 AND CHAPTER IX, ARTICLE 6 OF THE CODE OF THE CITY OF LAWRENCE, 2011 EDITION, AND AMENDMENTS THERETO, AND ENACTING, IN THEIR PLACE, CHAPTER IX, ARTICLE 6 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2011 EDITION, AND AMENDMENTS THERETO, WHICH ADOPTS AND INCORPORATES INTO THE CITY CODE BY REFERENCE THE 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE, REGULATING PROPERTY MAINTENANCE WITHIN THE CITY OF LAWRENCE, KANSAS.

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

SECTION 1. Existing Chapter V, Article 10 and Chapter IX, Article 6, of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, are hereby repealed in their entirety, it being the intent of the Governing Body that Section 2 of this Ordinance supersedes them.

SECTION 2. The Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, is hereby amended by enacting Chapter IX, Article 6, which reads as follows:

ARTICLE 6. PROPERTY MAINTENANCE CODE

9-601 PROPERTY MAINTENANCE CODE ADOPTED AND INCORPORATED.

The 2012 International Property Maintenance Code, published by the International Code Council, Inc., other than those portions hereinafter specifically deleted, modified, or amended, is hereby adopted as the Property Maintenance Code of the City of Lawrence, Kansas, and is incorporated herein by reference as if set forth in full.

9-602 OFFICIAL COPY.

Not less than one (1) copy of the 2012 International Property Maintenance Code shall be marked or stamped "OFFICIAL COPY AS INCORPORATED BY ORDINANCE No. ____," with all sections or portions deleted, modified, or amended clearly marked as such, and to which one (1) copy of this ordinance shall be affixed, shall be filed with the City Clerk, shall be open to inspection, and shall be available to the public during reasonable business hours. Additional official copies shall, at the cost of the City, be supplied to those officials and agencies charged with enforcement of the City's Property Maintenance Code.

9-603 AMENDMENTS TO THE 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE.

The 2012 International Property Maintenance Code is amended as set forth in the succeeding sections of this Article. These amendments shall not serve to delete, modify, or amend any discretely numbered section or subsection of the 2012 International Property Maintenance Code, unless the section or subsection is specifically identified as being deleted, modified, or amended.

9-604 Section 101.1 of the 2012 International Property Maintenance Code is hereby amended to read as follows:

101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Lawrence, Kansas.

9-605 Sections 103.1, 103.2, 103.3, 103.4, and 103.5 of the 2012 International Property Maintenance Code are hereby deleted. In their place, the Governing Body enacts the following:

103.1 General. The Director of Planning and Development Services, herein and in the 2012 International Property Maintenance Code referred to as the "code official," or his or her designee, shall be charged with enforcement of the Property Maintenance Code of the City of Lawrence, Kansas.

9-606 Sections 106.4 and 106.5 of the 2012 International Property Maintenance Code are hereby amended to read as follows:

106.4 Violation Penalties. Any person, who shall violate a provision of the Property Maintenance Code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local law. 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 punished by a fine in an amount not less than one hundred dollars ($100), nor more than five hundred dollars ($500), by a jail term of not less than five (5) days, nor more than three (3) months, or both by such fine and jail term.

106.5 Abatement of Violation. In addition to -- or as an alternative to -- prosecution under Section 106.4, the code official may seek abatement of a violation of the code. If a person to whom notice of violation has been sent has neither remediated the conditions causing the alleged violation nor requested a hearing before the Building Code Board of Appeals within the time specified, the code official may present a resolution to the Governing Body for adoption authorizing the code official to abate the conditions causing the alleged violation at the end of twenty (20) days after adoption of the resolution. The resolution shall provide that any costs of abatement incurred by the City shall be charged against the person in violation of the Code. A copy of the resolution shall be served on the person in violation in one of the following ways:

(a) by personal service upon the person in violation;

(b) by certified mail, postage prepaid; or

(c) in the event that the person in violation cannot be located, despite the exercise of reasonable diligence and after an affidavit to that effect has been filed with the City Clerk, by publishing the resolution once each week for two consecutive weeks in the official City newspaper and by posting a copy of the resolution on the property in violation.

9-607 Section 109.3 of the 2012 International Property Maintenance Code is hereby amended to read as follows:

109.3 Closing Streets. When necessary for public safety, the code official shall temporarily close structures and shall work with the Department of Public Works to close sidewalks, streets, alleys, or other public ways and places adjacent to unsafe structures, and prohibit the same from being utilized until the unsafe situation has been remedied.

9-608 Section 110 of the 2012 International Property Maintenance Code, in its entirety, is hereby deleted. In its place, the Governing Body enacts the following:

110.1 General. The code official shall have the authority, in accordance with K.S.A. 17-4759, as amended, to order the owner of any premises upon which is located any structure, which in the code official's 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 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 to 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 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 hundred eighty (180) days, unless approved by the building official.

110.1.1 Boarding Standards. All windows and doors boarded under this Article shall be boarded in such a manner as 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 related to the demolition of property shall be served in accordance with K.S.A. 17-4759, as amended.

110.3 Failure to Comply. If the owner fails to comply with the notice and order of demolition, then the City shall follow the procedures set forth at K.S.A. 17-4759 as amended, to enforce its notice and order.

9-609 Section 111 of the 2012 International Property Maintenance Code, in its entirety, is hereby deleted. In its place, the Governing Body enacts the following:

111.1 Notice of Appeal. Any person aggrieved by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Building Code Board of Appeals, provided that a written notice of appeal is served on the code official within twenty (20) days after the day the decision, notice, or order was personally served or placed in the mail. A notice of appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are satisfied by other means.

111.2 Stays of enforcement. Appeal of a notice and order (other than an Imminent Danger notice and order) shall stay the enforcement of the notice and order until the appeal is heard and decided by the Building Code Board of Appeals.

111.3 Notice of Hearing. After a Notice of Appeal has been served on the code official, the appeal shall be scheduled for a public hearing before the Building Code Board of Appeals as soon as practicable. Notice of the date, time, and place of the hearing shall be served on the appellant.

111.4 Open, Public Hearing. All hearings before the Building Code Board of Appeals 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.

111.5 Quorum. The Building Code Board of Appeals can take no official action unless a quorum is present. For the purposes of this Article, a quorum shall consist of not less than a majority of the then-current membership of the Building Code Board of Appeals.

111.6 Board Decision. The Building Code Board of Appeals shall affirm, modify, or reverse the decision of the code official only by a concurring vote of a majority of the members voting on the issue.

1116.1 Enforcement. After any notice or order of the of the code official or the Building Code Board of Appeals 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 notice of order. It shall be an unlawful act for any such person to fail to comply with such notice or order. Each day of non-compliance shall constitute a separate offense.

111.7 Court Review. Any party aggrieved by a decision of the Building Code Board of Appeals shall have the right, under Kansas law, to bring an appeal in district court in accordance with K.S.A. 60-2101(d). Appeal to the district court shall not operate as an automatic stay of the enforcement of any notice and order.

9-610 The 2012 International Property Maintenance Code is hereby amended by adding Section 202.1, which reads as follows:

202.1 Additional Definitions. For the purposes of this Article, the following terms shall be defined as follows:

(a) ACCESSORY STRUCTURE. A secondary structure detached from the principal structure, but on the same premises, including but not limited to garages, sheds, barns, or outbuilding.

(b) EXTERIOR. The exterior of any structure that is exposed to the weather or subject to and in contact with the elements, including, but not limited to sidings, facings, veneers, masonry, roofs, foundations, porches, decks, balconies, screens, shutters, windows, doors, or signs.

(c) GOVERNING BODY. The City Commission of the City of Lawrence, Kansas.

(d) OUTDOOR FURNITURE. Weather-resistant furniture designed and manufactured for outdoor use.

(e) PORCH. A structure, adjoining an entrance to a building, that is not fully enclosed by permanent walls, windows, screens, or other similar material.

(f) TRASH RECEPTACLE. A City issued Roll-out Cart or other trash receptacle, whether used to hold garbage, rubbish, yard waste, or recyclable materials, but excluding paper bags, shopping bags, cardboard boxes, paper boxes, pasteboard boxes, fiberboard boxes or barrels, or wicker baskets.

9-611 Section 302.4 of the 2012 International Property Maintenance Code is hereby deleted.

9-612 Sections 302.2 and 302.3 of the 2012 International Property Maintenance Code are hereby amended to read as follows:

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. Stormwater must be diverted away from any structure and said diversion of stormwater shall not constitute a hazard or nuisance to any adjacent property. Mounded soil, gravel, or mulch may not be stored on a property unless such property is zoned for such use 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, including those that are located in public rights of way, shall be kept in a proper state of repair, and maintained free from hazardous conditions.

9-613 The 2012 International Property Maintenance Code is hereby amended by adding Sections 302.10, 302.11, and 302.12, which read as follows:

302.10 Exterior Conditions. No person shall allow on any yard, porch, deck, balcony, or other exterior area of a premises, the accumulation of any of the following items: lumber, wire, metal, tires, concrete, masonry products, plastic products, supplies, equipment, machinery, auto parts, stoves, refrigerators, televisions, sinks, garbage, rubbish, refuse, junk, or the like.

302.11 Outdoor Furniture. It shall be unlawful for any person to allow on any yard, or other exterior area of any premises, furniture, other than Outdoor Furniture, as that term is defined in this Chapter.

302.12 Trees. No person shall allow in their yard any dead or substantially dead tree (other than trees with Dutch Elm Disease, which trees are addressed in Chapter 18, Section 18-113 et seq. of this Code, and amendments thereto) or dead or damaged tree limbs that create a hazardous or unsafe condition as determined by the Director of Parks and Recreation or his or her designee.

9-614 Sections 304.7, 304.13.2, and 304.14 of the 2012 International Property Maintenance Code are hereby amended to read as follows:

304.7 Roofs and drainage. 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. Water from intermittent sources, such as discharges from sump pumps, foundation drains, or the like, shall not be discharged at a point closer than five feet to any adjoining property line. Roof drains shall not be discharged in a manner that creates a public nuisance.

Exception: This section shall not apply to lawn sprinklers.

304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable.

304.14 Insect screens. 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).

9-615 The 2012 International Property Maintenance Code is hereby amended by adding Section 304.19.1 and 304.20, which read as follows:

304.19.1 Fences. All fences shall comply with the City's Fence Ordinance, Chapter VI, Article 16 of the City Code, and amendments thereto. In addition, all fences 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 twenty (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.

304.20 House Numbers. All residential structures shall be numbered in accordance with Section 16-113 of the City Code, and amendments thereto, and Section 505 of the 2012 International Fire Code, and amendments thereto. It shall be unlawful for any person to allow a residential structure to have inconspicuous, incorrect, or missing house numbers.

9-616 Sections 308.2.1, 308.3.1, and 308.3.2 of the 2012 International Property Maintenance Code are hereby deleted.

9-617 Sections 308.2 and 308.3 of the 2012 International Property Maintenance Code are hereby amended to read as follows:

308.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner.

308.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner.

9-618 The 2012 International Property Maintenance Code is hereby amended by adding Section 308.4, which reads as follows:

308.4 Disposal of garbage, rubbish, and trash. It shall be unlawful for any person to:

(a) Fail to use the City Roll-out Trash Cart, as required by Section 9-403 of the City Code, and amendments thereto, for the containment of garbage, refuse, or trash.

(b) Fail to clean-up or remove garbage, refuse, or trash scattered or spilled, whether caused by the condition of the City Roll-out Trash Cart or other trash receptacle, animals, wind, or any other cause, before the arrival of the City's collection staff.

(c) Place the City Roll-out Trash Cart or any other trash receptacle in the right of way or at the designated point of collection earlier than 7:00 a.m. on the day immediately preceding the scheduled day of collection.

(d) Fail to remove, within 24 hours after the City collection staff has left, the City Roll-out Trash Cart or other trash receptacle, containing garbage, refuse, or trash, that was not collected because such packaging was not in compliance with Section 9-404 of the City Code, as amended.

(e) Store any City Roll-out Trash Cart or other trash receptacle, except when lawfully placed for collection, in an exterior location that is more than three feet from the exterior wall of the principal building or accessory structure.

(f) Fail to store or secure, in locations where trash collection occurs in an alley, the City Roll-out Trash Cart or other trash receptacle in a manner that reasonably prevents the scattering of the City Roll-out Trash Cart or other trash receptacle and any garbage, refuse, or trash contained therein.

9-619 Sections 309.3 and 309.4 of the 2012 International Property Maintenance Code are hereby amended to read as follows:

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 all exterior areas of the premises. Additionally, the owner of such structure shall be responsible for extermination in the interior of dwelling units if infestation is discovered within the first 30 days of a new tenancy.

9-620 The 2012 International Property Maintenance Code is hereby amended by adding Section 309.6, which reads as follows:

309.6 Bedbug Infestation. The code official is hereby authorized to promulgate regulations governing the procedure for the extermination of bedbugs in the event of a bedbug infestation. Those regulations shall be posted on the City's website and shall otherwise be made available to all landlords within the City.

9-621 Section 502.1 of the 2012 International Property Maintenance Code is 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 and 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.

9-622 Sections 602.2, 602.3, and 602.4 of the 2012 International Property Maintenance Code are hereby amended to read as follows:

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. Cooking appliances shall not be used, nor shall portable electric or unvented fuel-burning space heaters be used, as a means to provide required heating.

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 to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.

602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat 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.

9-623 Section 605.2 of the 2012 International Property Maintenance Code is hereby amended to read as follows:

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. All kitchen countertop receptacles and all bathroom receptacles are required to be a receptacle with a ground fault circuit interrupter. All receptacle outlets shall have the appropriate faceplate cover for the location.

9-624 Section 702.4 of the 2012 International Property Maintenance Code is hereby amended to read as follows:

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. Sleeping rooms located within a basement shall comply with the 2012 International Residential Code as adopted and modified by the City.

SECTION 3. 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 and effect immediately following its adoption and publication as provided by law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this 18th day of June, 2013.

APPROVED:

___________________________________

Michael Dever

Mayor

ATTEST:

__________________________________

Jonathan M. Douglass

City Clerk

APPROVED AS TO FORM AND LEGALITY:

__________________________________

Toni R. Wheeler

City Attorney

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NOTICE TO PUBLISHER

Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.