ORDINANCE NO. 9490
AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 9, ARTICLE 6, SECTIONS 9-608, AND 9-611, OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2018 EDITION AND AMENDMENTS THERETO, PERTAINING TO HEALTH AND SANITATION, AND REPEALING EXISTING SECTIONS 9-608, AND 9-611.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION 1. Chapter 9, Article 6, Section 9-608, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:
9-608 Section 109.3 of the 2015 International Property Maintenance Code is hereby amended to read as follows:
[A] 109.3 Closing Streets. When necessary for public safety, the
code official shall temporarily close structures and shall work with the
Director of Public Works the Municipal Services and Operations
Department 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 made safe.
SECTION 2. Chapter 9, Article 6, Section 9-611, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:
9-611 Section 202 of the 2015 International Property Maintenance Code is hereby amended to read as follows:
ACCESSORY STRUCTURE. A secondary structure detached from the principal structure, but on the same premises, including but not limited to garages, sheds, barns, or outbuildings.
ANCHORED. Secured in a manner that provides positive connection.
[A] APPROVED. Acceptable to the code official.
BASEMENT. That portion of a building which is partly or completely below grade.
BATHROOM. A room containing plumbing fixtures including 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.
BULKY WASTE. Items of solid waste that are too
large or too heavy to be placed in a City issued Roll-out Cart, in a trash
dumpster, or in any other type of container meeting criteria established by the
Director of Public Works the Municipal Services and Operations
Department, which include boxes, household appliances, furniture,
mattresses, plumbing fixtures, playground equipment, yard appliances and
equipment, buckets and similar materials, but does not include vehicle major
component parts, hazardous waste, demolition and construction waste, or Tree
Waste.
[A] 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.
COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS. The costs shall include the actual costs of the demolition or repair of the structure less revenues obtained if salvage was conducted prior to demolition or repair. Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by a code official, the governing body or board of appeals.
DETACHED. When a structural element is physically disconnected from another and that connection is necessary to provide a positive connection.
DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness.
[BG] DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
[Z] 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 permitted to be for use under, on or above a said lot or lots.
EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and operating load between the equipment and the structure.
EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises.
EXTERIOR STRUCTURE. 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.
GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
GOVERNING BODY. The City Commission of the City of Lawrence, Kansas.
[BE] GUARD. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
[BG] HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
HISTORIC BUILDING. Any building or structure that is one or more of the following:
1. Listed or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places.
2. Designated as historic under an applicable state or local law.
3. Certified as a contributing resource within a National Register or state or locally designated historic district.
HOUSEKEEPING UNIT. A room or group of rooms forming 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 serious or life-threatening injury or death at any time.
INFESTATION. The presence, within or contiguous to, a structure or premises of insects, bed bugs, rats, vermin or other pests.
[A] LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose.
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.
NEGLECT. The lack of proper maintenance for a building or structure.
[A] 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.
OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
OUTDOOR FURNITURE. Weather-resistant furniture designed and manufactured for outdoor use.
[A] OWNER. Any person, agent, operator, firm or corporation having 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 person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
PERSON. An individual, corporation, partnership or any other group acting as a unit.
PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimination methods.
PORCH (ENCLOSED). A structure adjoining an entrance to a building that is fully enclosed by permanent walls, windows, screens, or other similar material, and that cannot be accessed from the outside except through a door that is capable of being locked.
PORCH (UNENCLOSED). A structure adjoining an entrance to a building that is not fully enclosed by permanent walls, windows, screens, or other similar material.
[A] PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon.
[A] 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 forming a single habitable unit 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.
SALVAGE MATERIALS. Materials or parts of some value that are obtained from the disassembly of motor vehicles, vehicles, various kinds of machinery, mechanical appliances or equipment, and/or the demolition of buildings or structures.
[BG] 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.
[A] 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.
TRAILER. A vehicle without motorized or self-propelled power designed to be drawn by another vehicle.
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, plastic containers, barrels, wicker baskets or the like.
TREE WASTE. All tree or shrub waste including tree stumps removed from the ground, but not including the following: leaves; tree trimmings or branches tied in bundles not more than eighteen (18) inches in diameter and not more than five (5) feet long placed beside a Trash Receptacle(s) for collection in accordance with City Code Chapter 9, Article 4, or Section 308.4 of this Code; vegetation pruning or wood chips placed in a Trash Receptacle; or firewood stacked in accordance with Section 302.10, Exception 1, of this Code.
ULTIMATE DEFORMATION. The deformation at which failure occurs and which shall be deemed to occur if the sustainable load reduces to 80 percent or less of the maximum strength.
UPHOLSTERED FURNITURE. Furniture that is designed only for indoor use and is manufactured with fabric coverings, cushioning, stuffing, springs or similar like materials.
URBAN AGRICULTURE IMPLEMENTS, EQUIPMENT, OR MATERIALS. (Tools, movable structures, and soil amendments used for small-scale, primarily manual labor, agricultural production. Typical items include, but are not limited to:
1. Non-powered implements such as buckets, baskets, compost bins or barrels, fencing, ladders, landscape stones, low tunnels, rakes, shovels, trellising, and rain barrels;
2. Powered implements such as chain saws, chipper-shredders, mowers, roto-tillers, garden tractors; and
Materials such as mulch, compost, hay or straw bales, top soil, etc. (Ord. 9206)
VEHICLE. Means a conveyance used for transporting passengers or things by land, water or air, including motor vehicles, trailers, tractors, boats and any vehicle drawn, propelled or driven by any kind of power, excluding muscular power.
VEHICLE, INOPERABLE. A condition of a vehicle being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the functions or purposes for which it was originally constructed, or
1. The absence of a current valid registration plate upon a motor vehicle permitting that motor vehicle to be operated on the public streets and highways of the State of Kansas, unless the vehicle was manufactured or modified solely for non-highway use and a non-highway vehicle title has been issued solely because the vehicle was not manufactured for street use;
2. The absence of one or more of the parts of a motor vehicle necessary for the lawful operation of the motor vehicle on the public streets and highways, unless the motor vehicle has a non-highway title issued solely because the vehicle was not manufactured for street use, or
3. The placement of a vehicle or parts thereof upon jacks, blocks, chains or other supports, or on the Exterior Property or a Porch, Unenclosed.
VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
[Z] YARD. An open space on the same lot with a structure.
SECTION 3. Existing Chapter 9, Article 6, Sections 9-608, and 9-611, of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, are hereby repealed in their entirety, it being the intent of the Governing Body that this ordinance supersede the repealed Code sections.
SECTION 4. If any section, sentence, clause, 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 5. After passage, approval, and publication, as provided by law, this ordinance shall be in full force and effect commencing January 1, 2019.
PASSED by the Governing Body of the City of Lawrence, Kansas, this _ day of ___________, 2018.
APPROVED:
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Stuart Boley, Mayor
ATTEST:
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Sherri Riedemann, City Clerk
APPROVED AS TO FORM:
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Toni R. Wheeler, City Attorney