The URL can be used to link to this page

Home My WebLink AboutPL PACKET 02192008 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 104962 Box: 33 Folder: PL PACKETS 2005-2011 Document: PL PACKET 02192008 REVISED CITY OF ST. ANTHONY PLANNING COMMISSION MEETING AGENDA TUESDAY, FEBRUARY 19, 2008 REGULAR PLANNING COMMISSION MEETING 7:00 P.M. COUNCIL CHAMBERS I. CALL TO ORDER. II. ROLL CALL. III. PLEDGE OF ALLEGIANCE. - IV. APPROVAL OF MEETING AGENDA. V. APPROVAL OF MEETING MINUTES OF JANUARY 15, 2007 VI. COMMUNICATION WITH CITY COUNCIL. VII. PUBLIC HEARINGS. VIII. CONCEPT REVIEWS. VIII.I. None IX. OTHER BUSINESS. IX. 1. Review of Draft Sign Ordinance X. REPORTS FROM STAFF. XI. COMMUNITY FORUM. Individuals may address the Planning Commission about any item not indudedon the regular agenda. Speakers are requested to come to the podium,sign their name and address on the form at the podium,state their name and address for the Clerk's record, and limit their remarks to five minutes The Planning Commission may refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. XII. INFORMATION AND ANNOUNCEMENTS. XII.1. Joint Meeting with the City Council N March 18, 2008 at 5:30 pm XII.2. March N 2916 Silver Lake Court Fence Height Variance Public Hearing XII.3. Review of Draft Housing Code Ordinance XIII. ADJOURNMENT. F:\Planning\PC Agendas\2008\021908 REVISED pc agenda.doc 1 CITY OF ST. ANTHONY 2 3 PLANNING COMMISSION MEETING 4 5 January 15, 2008 6 7:00 p.m. 7 8 9 I. CALL TO ORDER. 10 11 Chair Stromgren called the meeting to order at 7:02 p.m. 12 13 II. PLEDGE OF ALLEGIANCE. 14 15 Chair Stromgren invited the Commission and the audience to join in the Pledge of Allegiance. 16 17 III. ROLL CALL. 18 19 Commissioners present: Chair Stromgren; Commissioners Chaput, Crone, Goodwin, 20 Heinis, and Jenson 21 22 Absent: Vice Chair Jensen 23 24 Also present: Assistant City Manager Kim Moore-Sykes 25 26 27 IV. APPROVAL OF MEETING AGENDA. 28 29 Motion by Commissioner Crone, second by Commissioner Jenson, to approve the meeting 30 agenda with the change above. 31 32 Motion carried unanimously. 33 34 V. APPROVAL OF MEETING MINUTES 35 36 Commissioner Jenson requested the addition of"a sidewalk" 37 38 Commissioner Heinis corrected"no"to "not" in Line 22,page 2. 39 40 Commissioner Heinis stated"variance" should be changed to "set-back"on page 3, lines 18 and 41 21, 42 43 Chair Stromgren requested"survey"be changed to "plan"on page 3, line 23. 44 45 Commissioner Jenson requested"Jensen" be changed to "Jenson"on page 4, line 32. 46 Planning Commission Meeting Minutes January 15, 2008 Page 2 1 Motion by Commissioner Crone, second by Commissioner Jenson, to approve the Planning 2 Commission meeting minutes of December 18, 2007 as amended. 3 4 Motion carried unanimously. 5 6 V. COMMUNICATION WITH CITY COUNCIL. 7 8 None 9 10 VI. PUBLIC HEARINGS. 11 12 None 13 14 VII. CONCEPT REVIEWS 15 16 VII.I. Fence Height Variance—2916 Silver Lake Court 17 18 Assistant_City Manager Kim Moore-Sykes presented the application and supplemental 19 information for a fence height variance. 20 21 Mrs. Koine Johnson, 2916 Silver Lake Court, addressed the Planning Commission and explained 22 the height variance request is so they could match up their fence with the neighbors for aesthetic 23 reasons and to reduce the impact of traffic noise and lights. 24 25 Commissioner Jenson requested that Mrs. Johnson point out the location of the fence on the 26 aerial map. He indicated that the quote is for the six foot fence and questioned whether the 27 applicant had a quote for an eight foot fence. 28 29 Mrs. Johnson pointed out the location of the proposed fence. She stated she has received a quote 30 for an eight foot fence and would provide it to staff. 31 32 Assistant City Manager Kim Moore-Sykes reported that Mr. and Mrs. Johnson would not be 33 back before the Planning Commission until March 2008 due to a planned vacation in February 34 2008. 35 36 VIII. OTHER BUSINESS 37 38 None 39 40 IX. INFORMATION AND DISCUSSION. 41 42 VIII.I. Joint Meeting with the City Council—March 18, 2008 at 5:30 pm 43 Planning Commission Meeting Minutes January 15, 2008 Page 3 1 Assistant City Manager Kim Moore-Sykes Sykes announced the Joint Meeting would be held in 2 Council Chambers and refreshments would be provided. 3 4 X. ANNOUNCEMENTS. 5 6 Commissioner Goodwin stated she would like to receive the packets earlier and preferably not 7 brought out by a police officer. 8 9 Assistant City Manager Kim Moore-Sykes explained that the reserve officers& Community 10 Service Officers generally provide this service. She stated she could attempt to email them 11 earlier and provide a paper copy at the meeting. 12 13 Chair Stromgren commented this is one way to provide an opportunity for the Reserve Officers 14 to become familiar with the community and provide a law enforcement visibility. 15 16 X. ADJOURNMENT. 17 Motion by Commissioner Jenson, second by Commissioner Crone, to adjourn the meeting at 18 7:15 p.m. 19 20 Motion carried unanimously. 21 22 Respectfully submitted, 23 Dianna Wise 24 Timesaver Off Site Secretarial, Inc. STAFF REPORT To: Planning Commission Report No.: IX.1. From: Kim Moore-Sykes,Assistant City Manager Date: February 19, 2008 Subject: Draft Sign Ordinance Requested Action: Review of Draft Sign Ordinance Date Application Received: N/A - Property Address: N/A Zoning District: N/A 60-Day Expires: N/A Waiver Letter Required: Yes Date Sent: No X Future Action: Council Action: Three (3) Readings to be scheduled Background: The City Council directed staff to review and revise the City's Sign Ordinance as a result of a session the League of Minnesota Cities held late 2006. The LMC attorneys reported to those in attendance that many municipal sign ordinances were being ruled unconstitutional by the courts because these ordinances were found to be regulating the speech content of the signs. Attached is the draft copy of the proposed revised City Code Chapter 14, Sign Ordinance. The substantial changes are in red and any portion of the Ordinance that appeared to regulate speech or favor commercial speech over non-commercial speech were removed. Staff tried to retain those aspects of the Ordinance that are particular to the City of St.Anthony Village,while at the same time removing any provocative language that might be determined as limiting to freedom of speech. Also attached is a copy of the LMC memo entitled SIGN ORDINANCES AND THE FIRST AMENDMENT which further explains the issue and what cities should be aware of when revising their sign ordinances. The Staff Report to the City Council is also attached for additional information. Action: Review and provide comment to the draft Sign Ordinance. Attachments: • Draft Chapter 14 with proposed revisions • LMCIT Memo • January 29, 2008 Staff Report to the City Council Draft Sign Ordinance 2008 review.doc CHAPTER 14. SIGNS DRAFT Section 1400— SIGNS 1400.01 Title. This Chapter will be known as the"Sign Ordinance". 1400.02 Findings, Purpose and Effect. Subd. 1 Findings. The City Council hereby finds as follows: (a) Exterior signs have a substantial impact on the character and quality of the environment. (b) Signs provide an important medium through which individuals may convey a variety of messages. (c) Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare. (d) The City's Code of Ordinances have, since as early as 1983, established standards which would permit businesses in the City a reasonable and equitable opportunity to identify themselves. The regulation of signs is an effort to provide adequate means of expression and to promote the economic viability of the business community. (e) To preserve and promote civic beauty and protect the City and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. (� To preserve and protect the value of land and buildings, and to preserve and protect landscapes. Subd. 2 Purpose and Intent. It is not the purpose or intent of this sign ordinance to regulate the message displayed on any sign; nor is it the purpose or intent of this Section to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this article is to: (a) Regulate the number, location, size, type, illumination and other physical characteristics of signs within the City in order to promote the public health, safety and welfare. (b) Maintain, enhance and improve the aesthetic environment of the City by preventing visual clutter that is harmful to the appearance of the community. (c) Improve the visual appearance of the City while providing for effective means of communication, consistent with constitutional guarantees and the City's goals of public safety and aesthetics. F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 1 I r (d) Provide for fair and consistent enforcement of the sign regulations set for herein under the zoning authority of the City. Subd. 3. Effect. A sign may be erected, mounted, displayed or maintained in the City if it is in conformance with the provisions of these regulations. The effect of this sign ordinance, as more specifically set forth herein, is to: 1. Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zoning districts, subject to the standards set forth in this sign ordinance. 2. Allow certain small, unobtrusive signs incidental to the principal use of a site in all zoning districts when in compliance with the requirements of this sign ordinance. 3. Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare. 4. Provide for the enforcement of the provisions of this sign ordinance. 1400.03 Severability. If any section, subsection, sentence, clause, or phrase of this Sign Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Sign Ordinance. The City Council hereby declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. 1400.04 Definitions. The following words and terms, when used in this Sign Ordinance, shall have the following meanings, unless the context clearly indicates otherwise: Subd. 1.Abandoned sign. Any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one (1)year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one (1)year or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned. Signs which are present because of being legally established non- conforming signs or signs which have required a conditional use permit or a variance shall also be subject to the definition of abandoned sign. Subd. 2. Animated Sian. A sign which includes action or motion. F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 2 f Subd. 3. Awning. A roof-like cover, often of fabric,plastic, metal or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure primarily over a window, walk, or the like. Any part of an awning which also projects over a door shall be counted as an awning. Subd. 4. Awning Sign. A building sign or graphic printed on or in some fashion attached directly to the awning material. Subd. S. Balloon Sign. A sign consisting of a bag made of lightweight material supported by helium, hot, or pressurized air which is greater than twenty-four (24) inches in diameter. Subd. 6. Billboard. A sign which directs attention to a business, community service or entertainment not exclusively related to the premises where such sign is located (See Subd. 39 of this Section). Subd. 7. Building. Any structure used or intended for supporting or sheltering any use or occupancy. Subd. 8. Building Sign. Any sign attached or supported by any structure used or intended for supporting or sheltering any use or occupancy. Subd. 9. Business Frontage. The linear frontage of that portion of a building facing the right-of-way and occupied by one separate business. Subd. 10. Cabinet sign. Any wall sign that is not of channel or individually mounted letter construction. Subd. H. Canopy. A permanent roof structure attached to and supported by the building. Subd. 12. Canopy Sign. Any sign that is part of or attached to a canopy and is based on business,frontage. Subd. 13. Changeable Copy Sign. A sign, or a portion thereof, with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. Changeable copy signs do not include signs upon which characters, letters or illustrations change or rearrange only once in a 24-hour period. Subd. 14. Commercial Speech. beech advertising a business,profession, commodity, service or entertainment. Subd. 15. Directional Sign. An on-premises sign designed to guide or direct pedestrian or vehicular traffic and a surface area not greater than five (S)square feet. Subd. 16. Electric Sign. Any sign containing electric wiring but not including signs illuminated by an exterior light source. Subd. 17. Electronic Message Sign. Any sign that displays a message electronically through the use of light emitting diodes (LED's). F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 3 r Subd. 18. Elevation. The view of the side,front, or rear of a given structure(s). Subd. 19. Elevation Area. The area of all walls that face any lot line. Subd. 20. Flag. Any fabric or similar lightweight material attached at one end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains distinctive colors,patterns, symbols, emblems, insignia, or other symbolic devices. Subd. 21. Flashing Sign. A directly or indirectly illuminated sign which exhibits changing light or color effect by any means, so as to provide intermittent illumination which includes the illusion of intermittent flashing light by means of animation. Also any mode of lighting which resembles zooming, twinkling, or sparkling. Subd. 22. Freestanding Sign. Any sign which has supporting framework that is placed on, or anchored in, the ground and which is independent from any building or other structure. Subd. 23. Frontage. The line of contact of a property with the public right-of-way. Subd. 24. Grade. Grade shall be construed to be the final ground elevation after construction. Earth mounding criteria for landscaping and screening is not part of the final grade for sign height computation. Subd. 25. Ground Sign. Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign, that has no visibility between the bottom of the sign and the base on which it is attached, and which has a total height not exceeding eight (8)feet, with landscaping to enhance the appearance of the signage. Subd. 26. Height ofSion. The height of the sign shall be computed as the vertical distance measured from the base of the sign at grade to the top of the highest attached component of the sign. Subd. 27. Identification Sign. A sign which is a non-commercial sign but is limited to the name, address, and number of a building, institution or person and to the activity carried on in the building or institution or the occupation of the person. Subd. 28. Illuminated Sign. A sign designed to give forth any artificial or reflected light, either directly from a source connected with the sign or indirectly from an artificial source, so shielded that no direct illumination from it is visible except on the sign and in its immediate proximity . Subd. 29. Interior Sign. A sign which is located within the interior of any building, or within an enclosed lobby or court of any building. Subd. 30. Issuing Authority. The City Manager or designee. Subd. 31. Legally Established Non-Conforming;Sign. Any sign and its support structure lawfully erected prior to the effective date of this ordinance which fails to conform to the F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 4 I I requirements of this ordinance. A sign which was erected in accordance with a variance granted prior to the adoption of this ordinance and which does not comply with this ordinance shall be deemed to be a legal non-conforming sign. A sign which was unlawfully erected shall be deemed to be an illegal sign. Subd. 32. Major Anchor. A single tenant in a shopping center that is at least 20% of the total square footage and in excess of 50,000 square feet. Subd. 33. Marquee. Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of that building, generally designed and constructed to provide protection from the weather. Subd. 34. Marquee Sign. Any building sign painted, mounted, constructed or attached in any manner, on a marquee or made part of a marquee. Subd. 35. Monument Sign. Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a height exceeding eight(8)feet. Subd. 36. Multiple Tenant Site. Any site which has more than one (1) tenant, and each tenant has a separate ground level exterior public entrance. Subd. 37. Non-Commercial Speech. Dissemination of messages not classified as Commercial Speech which include, but are not limited to, messages concerning political, religious, social, ideological,public service and informational topics. Subd. 38. Off-Premise Sign. A commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same premises where such business sign is located. For purposes of this sign ordinance, easements and other appurtenances shall be considered to be outside such platted parcel of land and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off-premise sign. Subd. 39. On-Premise Messages. Identify or advertise an establishment,person, activity, goods,products or services located on the premises where the sign is installed. Subd. 40 Parape(Wall). That portion of building wall that rises above the roof level. Subd. 41. Pedestal. A foundation or base of a ground or monument sign which either directly supports the signage or completely screens the supporting members of the sign. Subd. 42. Person. An individual, firm, association, organization, partnership, trust, or corporation. Subd. 43. Portable Sign. Any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 5 Subd. 44. Principal Building. The building in which the principal primary use of the lot is conducted. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings. Subd. 45. Professional Building. Any multi-story building of 50,000 square feet or more occupied by professional, service-oriented businesses, such as legal clinical or health care-related retail or service establishments with parking provided on the tract of land for use in common by patrons and occupants. Subd. 46. Projecting Sign. Any sign which is affixed to a building or wall in such a manner that its leading edge extends more than fifteen (15) inches beyond the surface or such building or wall face. Subd. 47. Property Owner. Legal owner of property as officially recorded by Hennepin or Ramsey County. Subd. 48. Public Notices. Official notices posted by public officers, employees or their agents in the performance of their duties, or as directed by such officers, employees or agents. Subd. 49. Public Street Right-of-Way. The planned right-of-way for a public street. Subd. 50. Pylon Sign. Any freestanding sign which has its supportive structure(s) anchored in the ground, independent of any structure or object, and which has a sign face elevated above ground level by poles) or beam(s) and with the area below the sign face open. Subd. 51. Residential District. Any district zoned for residential uses. Subd. 52. Roof The exterior surface and it supporting structure on the top of a building or structure. The structural make-up of which conforms to the roof structures, roof construction and roof covering sections of the Uniform Building Code. Subd. 53. Roof line. The upper-most edge of the roof or in the case of an extended facade or parapet, the upper-most height of said facade. Subd. 54. Roof Sian. A Sign erected upon the roof or parapet of a building, the entire face of which is situated above the roof level of the building to which it is attached, and which is wholly or partially supported by the building. Subd. 55. Rotating Sign. A sign or portion of a sign which turns about on an axis. Subd. 56. Setback, Front. The minimum horizontal distance permitted between the public right-of-way and a structure on the premises. In instances in which a property fronts on more than one (1)street,front setbacks are required on all street frontages. Subd. 57. Setback, Rear. The minimum horizontal distance permitted between the property line opposite the principal street frontage and a structure on the premises. F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 6 I I Subd. 58. Setback, Side. The minimum horizontal distance permitted between the side lot line and a structure on the premises. Subd. 59. Shimmering Signs. A sign which reflects an oscillating sometimes distorted visual image. Subd. 60. Shopping_Center. Any shopping center as defined in Section 1635.05, Subd. 8. Subd. 61. Ste. Any letter, word or symbol,poster,picture, statuary, reading matter or representation in the nature of advertisement, announcement, message or visual communication, whether painted,posted,printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes. Subd. 62. Sign Surface Area. The area in square feet of the sign including both sides upon, against, or through which the message of the sign is exhibited. Subd. 63. Sign Structure. Any structure including the supports, uprights, bracing and framework which supports or is capable of supporting any sign. Subd. 64. Site. A plot or parcel of land, or combination of contiguous lots or parcels of land, which are intended, designated, and/or approved to function as an integrated unit. Subd. 65. Street. A public highway, road, alley or thoroughfare. Subd. 66. Strin er. A line of string, rope, cording, or an equivalent to which is attached a number of pennants. Subd. 67. Strip Mall. Any group of four or more occupant retail or service establishments on one or more contiguous tracts of land in single ownership, compromising 7,500 to 75,000 square feet of floor area with parking provided on the tract or tracts of land for use in common by patrons. Subd. 68. Suspended Sign. Any building sign that is suspended from the underside of a horizontal plane surface and is connected to this surface. Subd. 69. Total Site Signage. The maximum permitted combined area of all freestanding and wall identification signs allowed on a specific property. Subd. 70. Temporary Sign. Any sign,banner, pennant, valance or advertising display constructed with light materials with or without frames intended to be displayed for a limited time only. Subd. 71. Visible. Capable of being seen by a person of normal visual acuity (whether legible or not) without visual aid. Subd. 72. Wall. Any structure which defines the exterior boundaries or courts of a building or structure and which has a slope of sixty (60) degrees or greater with the horizontal plane. F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 7 Subd. 73. Wall Sign. A flat sign which does not extend more than eighteen (18) inches from the face or wall of the building upon which it is affixed,painted or attached, running parallel for its whole length to the face or wall of the building, and which does not extend beyond the horizontal width of such building. Subd. 74. Window Sign. Any sign,pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window. 1400.05. Application. Subd. 1. Conformity. No sign may be erected, placed, altered or moved unless in conformity with this Chapter. Subd. 2. Other Code Provisions. Nothing in this Chapter may be taken to relieve any person from complying with the provisions of any other Chapter of the City Code. 1400.06. General Requirements. Subd. 1. Sign Permit Not Required. The changing of the advertising message of a painted or printed sign, theater marquee or a changeable copy sign, and the painting, repainting and cleaning of signs will not require a sign permit, but will otherwise be done in compliance with this Chapter and any other applicable law or Section of this Code. Subd. 2. Hazard and Hazardous Signs. No sign may by reason of its location, color, or intensity, create a hazard to the safe and efficient movement of vehicles or pedestrian traffic. No sign may contain words which might be construed as traffic controls, such as "Stop", "Caution", "Warning", or otherwise resemble any official marker erected by a governmental body or agency, unless such sign is a directional sign. Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signal, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal. Subd. 3. Framework of Signs. When possible, the framework for the lateral support of a sign must be contained within the sign's body or within the structure of the building to which it is attached so as not to be visible. The area within the framework of a sign shall be used to calculate the square footage except that the width of a frame exceeding 12 inches shall constitute sign face, and if such letters or graphics be mounted directly on a wall,fascia or awning or in such way as to be without a frame the dimensions for calculating the square footage shall be the area extending six inches beyond the peripheryformed around such letters or graphics in a plane figure bounded by straight lines connecting the outermost points thereof. Each surface utilized to display a message or to attract attention shall be measured as a separate sign and shall be calculated in the overall square footage. Symbols,flags,pictures, wording,.figures or other forms of graphics painted on or attached to windows, walls, awnings or free-standing structures are considered a sign and are included in calculating the overall square footage. F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 8 Subd. 4. Placement of Signs. No sign, or attachment to it, may be erected, placed or maintained by any person on rocks, fences, or trees, nor in such a manner as to interfere with any electric lights, power, telephone or telegraph wires, or the supports thereof. Subd. 5. Maintenance. All signs, together with all of their supports,braces, guys and anchors, must be kept neatly painted and posted. Every sign must be maintained by the owner or person in charge of the sign in a clean, safe, sanitary, and inoffensive condition and free of litter, rubbish, and weeds. Subd. 6. Inspections. All signs for which a permit is required may be inspected by the City Manager, and a permanent record, including photographs, may be maintained. The City Manager or the City Manager's designated representative may, after notice to the owner, enter upon any property to ascertain whether the provisions of this Chapter are being complied with. The City Manager may order the removal of any sign that is not maintained in accordance with this Chapter. In addition, the following inspections will be made: (1) All signs requiring footings must be inspected to insure that suitable footings as determined by the City Building Inspector in accordance with appropriate building codes have been used. Footing inspections will be required for all ground signs and pylon signs before these signs are installed. (2) Electrical signs must be installed in accordance with the current electrical code and a separate permit from the building official must be obtained prior to installation. Inspections will be required for any electric sign. Subd. 7. Illumination. External illumination for signs shall be so constructed and maintained that the source of light is not visible from the public right-of-way or residential property. Subd. 8. Non-Commercial Speech. Notwithstanding any other provisions of this sign ordinance, all signs of any size containing Non-Commercial Speech may be posted from August 1 in any general election year until ten (10) days following the general election and thirteen (13) weeks prior to any special election until ten (10) days following the special election. 1400.07 Prohibited Signs. In addition to the signs listed below, signs that are not specifically permitted in this Chapter are hereby prohibited. Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically unauthorized and therefore prohibited: Subd. 1. Balcony Signs. Balcony signs and signs mounted or supported on a balcony. Subd. 2. Obstructing Signs. Any sign that obstructs any part of a doorway or fire escape. Subd. 3. Exterior Signs. Signs, including those intended for viewing only from the interior of a building but which can reasonably be viewed from exterior of the building, which by reason F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 9 of position, shape, color,or any other characteristic would interfere with the proper function of a traffic sign or signal, or otherwise constitute a traffic or safety hazard. Subd. 4. Signs within the Public Rip-lit-of-way or Public Easement. Subd. 5. Whirling Devices. Subd. 6. Signs on Glass Doors. Signs on glass doors which have a total sign surface area exceeding 20% of the glass area of the door. . Subd. 7. Signs Near Lots. Signs other than wall signs which have any surface area or structural member closer than ten (10) feet to a side lot line. Subd. 8. Signs Near Property Lines. Signs which project beyond the property line of the property upon which the sign is located. Subd. 9. Signs Near Roofs. Signs projecting more thanfive (5) feet above the roof line of the structure to which it is affixed. Subd. 10. Advertising Signs. Signs intended to be for the purpose of advertising in R-1, R-IA, R-2, R-3 and R4 districts, including those intended for viewing only from the interior of a building but which can reasonably be viewed from the exterior of the building. Subd. 11. Signs on Walls. Wall signs having a sign surface area exceeding fifteen (I5) percent of the area of the wall surface to which it is affixed. Subd. 12. Projecting Signs. Signs constructed so that the message or communication is not flat against the sign structure. Subd. 13. Signs Affixed to Utility Poles and Fences. Signs painted, attached or in any other manner affixed to trees, rocks, or similar natural surfaces, or attached to utility poles, bridges, towers,fences or similar public structures. Subd. 14. Emitting Signs. Signs which emit sound, odor or visible matter. Subd. 15. Animated Signs. Subd. 16. Flashing Signs. Flashing signs except any portion giving time, temperature or weather. Subd. 17. Signs Attached to a Vehicle. Vehicles with incorporated or attached signage parked primarily for use as a sign shall not be parked in any zone for more than seventy- two (72) hours. Subd. 18. Billboards. Subd. 19. Signs on Bus Shelters. All types of signs except for bus schedules and identification information. F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 10 Subd. 20. Electronic Message Signs. Electronic message or changeable copy signs except public service signs in the Recreational Open Space District located on property that is owned by the City or Independent School District No. 282. Subd. 21. Off-premise signs. Subd. 22. Portable signs. 1400.08 Signer uq iring No Permits. The following signs shall not require a permit,if they meet all other requirements of this Chapter. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this ordinance or any other law or ordinance regulating the same. Subd. 1. Cham Display Surface. The changing of the display surface on a painted or printed sign only. This exemption, however, shall apply only to poster replacement and/or on-site changes involving sign painting elsewhere than directly on a building. Subd. 2. Sims six(6)quare feet or less in size. Subd. 3. Window Signs. Temporary or permanent window signs duly authorized by zoning and other laws of this City, provided that all such signs on a frontage shall not have a total sign surface area greater thanfifty (50)percent of the glass area, excluding doors, on such frontage and provided that a minimum of one-half(112) of the open window space must be below a horizontal line which is five (S) feet above the interior floor of the commercial establishment. Merchandise displays in windows shall not be considered a part of the sign area if such display is not intended to be continued for a period of more than eight (8) weeks. Subd. 4. Directional Signs. Subd. S. Signs Affixed on Benches at Public Bus Stops. Subd. 6. Replacement of Existing Commercial Identification Signs. A commercial identification sign designed to replace an existing commercial identification sign which lawfully exists under this Code, so long as the new sign has the same dimensions and is in the same location as the existing sign, and is not prohibited sign under Section 1400.07. Subd. 7. Temporary Commercial Signs. Commercial signs that do not have a sign surface area in excess of thirty-two (32) square feet and which are erected or displayed for a period of time not to exceed thirty (30) days in any year. Permission of the City Manager must be obtained to erect such signs. If prior permission is not obtained from the City Manager, the sign must be removed immediately. Subd. 8. Construction Signs. Signs denoting the architect, engineer or contractor when placed upon work under construction, provided that the total sign surface area of all such signs does not exceed the greater of twelve (12) square feet or a ratio of one (1) square foot of sign surface per one hundred(100) square feet of floor space in the construction F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 11 project, up to a maximum of thirty-two (32) square feet. Staff suggests this be in requiring permit signs Subd. 9. On-Site Temporary Subdivision Signs. One (1)on-site temporary sign advertising a group of lots for sale within a subdivision or group of houses for sale within a housing project,provided that the total area of such sign shall not exceed sixty- four(64)square feet with no single dimension in excess of sixteen (16)feet. The display of such sign shall be limited to a six (6)-month time period. At the expiration of such period, the applicant may request a further extension of time, otherwise the sign must be removed. . Staff suggests this be in requiring permit signs 1400.09 Signs Requiring Permits. Subd. 1 Permits Required. No sign shall be erected, constructed, altered, reconstructed, maintained or moved in the City without first securing a permit from the City, other than those described in Section 1400.08. The content of the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. Subd. 2. Permit Fees. A sign permit fee must be paid in accordance with Section 615. Subd. 3. Application for a Permit. Application for a permit shall be in writing on forms provided by the City and must be accompanied by a sign permit fee. The application shall contain the following information: (1) Names and addresses of the owners of the display structure and property. (2) The address at which any signs are to be erected or modified. (3) The lot, block and addition at which the signs are to be erected and the street on which they are to front. (4) A complete set of plans showing the necessary elevations, distances, dimensions to fully and clearly represent the construction and the placement of the signs, including dimensions of the wall surface of the building to which it is to be attached and linear_footage of the right-of-way frontage of the building. (5) The cost of the sign. (6) Type of sign (i.e. wall sign, monument sign) and if the sign is to be illuminated, the technical means by which this is to be accomplished. (7) Certification by applicant indicating the application complies with all requirements of the sign ordinance. (8) If the proposed sign is along a county road or state trunk highway, the application shall be accompanied by proof that the applicant has obtained a permit from the county or state for the sign (9) Where a shopping center comprehensive sign plan is proposed, the plan must include the location, size, height, color lighting and orientation of all signs. F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 12 (10) When a ground sign plan is submitted, the plan must include the location of the sign in relation to the lot lines and the building height, including any difference from the established grade,grade level, dimensions of the berm, size, color, lighting and hours of illumination. Subd. 4. Permit Issuance. (1) Each application must be reviewed for compliance by the City Manager or designee. (2) If the proposed sign complies with this Chapter, a permit will be issued within thirty (30) days after the application date. (3) A sign permit will become null and void if the work for which the permit was issued has not been completed within one (1) year of issuance, or renewed. Application for renewal will consist of the same procedures as the initial application for permit, including payment of any fee. Subd. 5. Shopping Centers/strip Mall/ Professional Building Comprehensive Sign Plan. A comprehensive sign plan must be provided for the whole of a shopping center, strip mall, or professional building development. This plan includes the location, size, height, color, lighting and orientation of all signs, and must be submitted for preliminary plan approval. When a comprehensive sign plan is submitted, exceptions to the regulations of this Chapter may be permitted if the sign areas and densities for the plan as a whole are in conformity with the intent of this Chapter and if such exception results in an improved relationship between the various parts of the sign plan as determined by the City Council. Comprehensive sign plans will be reviewed by the City Planning Commission which will forward a recommendation to the Council on the appropriateness of the proposed sign plan. 1400.10 Ground Signns. Ground signs are permitted in all districts but only to the extent permitted in this Section and in the District Schedules set forth in Section 1400.12 Subd. 1. Permit Application. A permit shall be applied for in accordance with Section 1400.09. Subd. 2. Height. A sign must not exceed eight(8) feet in height, including pedestal and any berming. Subd. 3. Surface Area: (1) Signs having one (1) copy surface may have up to thirty-four(34) square feet of surface area. (2) Signs having two (2) or more copy surfaces may have up to sixty-eight (68) square feet for all surfaces. F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 13 (3) Buildings with two (2) or more businesses/tenants shall be allowed an additional twelve (12) square feet for two (2) or more copy surfaces, for a total of eighty (80) square feet. Subd. 4. Landscaping. Ground signs must be landscaped. Landscaping may consist of shrubs, plants, rocks, or other decorative materials located around the pedestal. Subd. 5. Design and Location: (1) Signs must maximize the use of natural materials in construction and should conform to the material design of the principal structure. (2) Signs must be located at least fifteen (15) feet from the curb line of any public street and cannot be placed within any street right-of-way or government easement. (3) The pedestal width of a ground sign must be at least equal to the sign width. (4) The principal structure of a parcel of land will be allowed one ground sign, regardless of the number of tenants in the structure. 1400.11 Wall Signs. The sign surface area of a wall sign may not exceed fifteen (15)percent of the area of the wall to which it is applied. 1400.12 District Schedules. Signs shall be permitted as set forth in the following provisions: Subd. 1. Residential. The following signs are permitted in a residential district: (1) R-1, R-1 A, and R-2. a. One (1) identification sign per dwelling unit per right-of-way frontage stating the street address, and/or the name of the resident. One (1) address sign may also be located on the curb in front of each dwelling unit or on a freestanding mailbox. b. Only one (1) non-commercial sign with a maximum sign area of six(6) square feet per surface with a total area of twelve (12) square feet all sign area surfaces will be permitted per lot. Signs may not have any surface area or structural member closer than ten (10)feet to a side lot line or sited in a public right-of-way or public easement. C. The following types of signs are not permitted in residential zoning districts: i. Awning signs ii. Balloon signs iii. Canopy signs F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 14 iv. Flashing signs V. Marquee signs Vi. Pole signs Vii. Pylon signs viii. Shimmering signs (2) R-3 and R-4. Each multiple dwelling complex (nine (9) or more units) allowed one freestanding sign identifying the complex. The sign may not exceed fifty (50) square feet in sign surface area. The sign structure, including the sign surface area, may not exceed one hundred-fifty (150) square feet in area. The highest point of the sign may not be more than ten (10) feet above ground level. (3) Each church, temple, or synagogue located within the corporate limits of this City, subject to approval of size, location and type by the City Manager, may construct and maintain a maximum of three (3) directional signs on municipal rights-of-way. Not more than one (1)such sign may be installed or maintained at any intersection. (4) Each of the following may installed and maintain one (1) ground sign subject to the provisions of Section 1400.01 on the property to which the sign pertains: (a) Schools and publicly owned facilities listed in Section 1615.02(b) and (c); and Section 1616.02(b) and (c). (b) Churches, temples, synagogues, and City buildings listed in Section 1615.03(a) and (c); and Section 1616.03(b). Subd. 2. Commercial and Limited Business. The following signs are allowed in a"B" Service Office Limited Business District and"C" Commercial Districts and may be installed after obtaining a permit and paying a required license fee. (1) One (1) identification sign per right-of-way frontage per commercial establishment. The sign may have no more than two (2) square feet of surface area per lineal foot of business frontage, up to a maximum of one hundred-fifty(150) square feet. The total area of all wall signs affixed to a wall may not exceed fifteen (1 S)percent of the total area of that wall. (2) A gasoline station will be allowed, in addition to all other authorized signs, one (1) pylon sign to identify the gasoline brand. This sign may not exceed thirty (30) feet in height, and must have a minimum clearance of eight(8) from the basic grade level to the lowest element of the sign surface and may not exceed one hundred fifty (150) F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 15 square feet in sign surface area. Such an establishment will be allowed one (1)price sign for each frontage having a curb cut. Such a freestanding sign will be in addition to those signs allowed in paragraph one (1) of this Subdivision. (3) Upon submittal of a comprehensive sign plan, and subject to approval of the City Council, a shopping center over seventy-five thousand(75,000) square feet may have major anchor/tenant ground sign(s) depending upon the number of major anchors. The total sign area shall not exceed three hundred(300) square feet. (4) Upon submittal of a comprehensive sign plan, and subject to approval of the City Council, a shopping center over seventy-five thousand(75,000) square feet may be allowed additional wall signs for commercial establishments that need additional exposure from different vantage points. The number of additional wall signs will not exceed one-half(1/2) the total number of commercial establishments and will be allowed a surface sign area of one-half(1/2) of that which is allowed. (5) A commercial establishment located within a shopping center, having no outside frontage, will be allowed a surface sign area of one-half(1/2) of that which it would be allowed if it had outside frontage. (6) Commercial establishments will be allowed, in addition to all other authorized signs, one (1) historical identification symbol, not exceeding five (5) square feet in sign surface area. (7) Subject to approval of the City Council, and as a conditional use, a movie theater may have a marquee. The total sign area for a marquee sign shall not exceed two hundred(200) square feet. (8) Subject to approval of the City Council, and submittal of a comprehensive sign plan, a strip mall under seventy-five thousand(75,000) square feet and a shopping center over seventy-five thousand(75,000)square feet, may be allowed a ground sign with a surface sign area not to exceed one hundred-fifty (150) square feet. (9) Upon submittal of a comprehensive sign plan, and subject to approval of the City Council, a major anchor/tenant over fifty thousand(50,000) square feet in a shopping center over seventy-five thousand(75,000) square feet may have a wall sign that is up to four (4)times the sign surface area of which is allowed for other commercial establishments. (10) Subject to approval of the City Manager, a searchlight is permitted for a special event. Subd. 3. Light Industrial. The following signs are permitted in a Light Industrial District and may be installed after obtaining a permit and paying required license fee. F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 16 (1) One business or identification canopy or wall sign per right-of-way frontage as regulated in Subsection 1400.12, Subd. 2 (1) and one freestanding sign as regulated and permitted in Subsection 1400.10. (2) In a district zoned for light industrial businesses, signs containing one (1) square foot for every one hundred(100) square feet of ground floor space will be allowed up to a total sign surface area of one hundred-fifty (150) square feet. Subd. 4. Recreational Open Space. The following signs are permitted in a Recreational Open Space District and may be constructed after obtaining a permit and paying the required license fee. (1) Subject to approval of the City Council, only ground and wall signs are allowed in this district. The ground sign may have a sign surface area not to exceed one hundred-fifty (150) square feet. (2) Subject to the approval of the City Council, and as a conditional use, electronic message signs are allowed in this district. The procedures contained in Section 1605.04, shall apply to the issuance of a conditional use permit for an electronic message sign. The conditions with respect to the issuance of any conditional use permit for an electronic message sign shall cover at least the following: a. The sign shall not be permitted to flash or contain any animation. b. The hours of operation of the sign; provided, that in no event shall the sign be permitted to be operated between the hours of 10:00 PM and 6:00 AM. C. The message changeability shall be limited to the minimum amount of changes required to accomplish the purpose of the sign. d. Aesthetics of sign, including,but not limited to, message color, size of message board and sign, construction materials and landscaping. e. Location of sign with regard to surrounding area. f. Sign may only be used to promote items of general interest to community. 1400.13 Adjustments and Appeals. Subd. 1. Composition. The commission of adjustments and appeals will be comprised of all of the members of the Planning Commission. Subd. 2. Powers and Duties. The commission will hear and make recommendations to the Council regarding: F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 17 (1) Appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this Chapter. (2) Petitions for variances from the literal provisions of ordinances in instances where their strict enforcement would cause hardship because of circumstances unique to the individual property under consideration. The commission may recommend the granting of such variances only when it appears upon evidence presented that: a. The granting of the variance will not be detrimental to the other property in the neighborhood or City; and b. A particular hardship to the applicant would result if the strict letter of the regulations are adhered to; or C. The conditions upon which the application for a variance is based are unique to the sign or to the parcel of land for which the variance is sought and are not applicable, generally,to other property within the same land use classification. 1400.14 Variances. Subd. 1. Variances Granted. Variances may be granted by the City Council after a public hearing is held by the Planning Commission and a recommendation is made to the City Council. Notices will be given, and a public hearing will be held, in the manner provided in Subsection 1670.06. The installation of sign(s) must take place within one (1) year after a variance has been granted by the City Council. Subd. 2. Majority Vote. A majority affirmative vote of the City Council members present is required to approve a variance. Subd. 3. Fee. An application for a variance must be accompanied by the fee provided in Section 615. 1400.15 Non-Conforming_Signs. Subd. 1. Legal Conforming. All signs existing as of January 1, 2009 conforming to the requirements of this Chapter and not requiring a permit under the provisions of this Chapter, may be maintained so long as they continue to comply with the provisions of this Chapter, as it may from time to time be amended. Subd. 2. Legal Non-Conforming Signs. All signs existing as of January 1, 2009, which would be prohibited by this Chapter, or which would require a permit under this Chapter but have not received a permit, will be deemed to be legal non-conforming signs. Legal non- conforming signs may continue to exist without a permit and without constituting a violation of this Chapter until one or more of the following occurs: (1) The sign is structurally altered(except for normal maintenance) in a way which makes the sign less in compliance with this Chapter than it was before the alteration. F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 18 (2) The sign is relocated to a position making it less in compliance with this Chapter than it was before the relocation. (3) The sign is replaced. (4) Any new primary sign is constructed or placed in connection with the enterprise using the legal non-conforming sign. 1400.16 Enforcement. If a sign is in violation of this Chapter,or is in danger of falling, or is otherwise a menace to the safety of persons or property, the City manager may give to the owner of the property on which the sign is located, written notice specifying the violation, ordering the cessation to the violation and requiring either the removal of the sign or remedial work in the time and manner specified in the notice. In the event of failure to comply with the notice within thirty (30) days,the City manager may remove the sign or cause such remedial work to be done. The cost of the work performed by the City must be paid to the City by the owner of the property on which the sign is located . If payment is not made within thirty(30) days after a statement for such costs is sent to the owner, the costs may be assessed against the property by certifying the costs to the County Treasurer for collection in the same manner as real estate taxes. If a sign which has been removed is not reclaimed and costs paid within thirty(30) days after its removal, the sign may be sold or otherwise disposed of by the City. If a sign is found to be an immediate danger to the public because of its unsafe condition, it may be removed without notice, and written notice of removal and reasons for the removal will be given to the property owner of the property on which the sign is located as soon as possible. 1400.17 Retroactive Affect. This sign ordinance shall apply to all sign applications applied for and/or pending prior to its enactment. F:\Ordinances\Chapt 14 Signs 2007\2008 Rev SA Sign Ordinance.doc 19 League of Minnesota Cities L InsuranceTrust 145 University Avenue West,St Paul,MN 55103-2044 (651)281-1200 • (800)925-1122 rrg attnRanw Fax:(651)281-1298 TDD:(651)281-1290 www.imnc.org LMCIT RISK MANAGEMENT INFORMATION SIGN ORDINANCES AND THE FIRST AMENDMENT By Paul Merwin, LMCIT Senior Land Use Attorney This memorandum discusses some of the basics of designing a sign ordinance that meets the requirements of the First Amendment. General First Amendment Principles The First Amendment protects signs as speech, and courts will look very closely at any attempts to regulate signs. There are a few rules for regulating signs: 1. Do not regulate based on content. 2. Do not favor commercial speech (advertising) over noncommercial speech. 3. Restrictions on signs must accomplish a substantial government interest and be no broader than necessary. The main substantial governmental interests recognized by courts are traffic safety and aesthetics. With this background in mind, there are several steps cities can take when drafting ordinances. Provisions All Sign Ordinances Should Have Every sign ordinance should probably contain the following provisions: Statement of Purpose Tells why the ordinance was drafted and how it should be applied. Should state clearly that it is not intended to have content-based restrictions and should not be applied that way. Provides a quick clear statement of government purposes and how the ordinance fulfills those purposes rather than needing to review your legislative record if challenged. Substitution Clause Provides that for every sign that is allowed, any non-commercial message could be legally substituted. Ensures that non-commercial speech is never discriminated against based on content because it will always allow a noncommercial message on any sign. Many ordinances inadvertently define signs in terms of advertising and may incidentally seem to allow only commercial messages. A substitution clause may correct these mistakes by providing a catch-all allowance of noncommercial messages notwithstanding other provisions. This material Is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. i Severability Clause Provides that if any provision of the ordinance is found to be invalid, the remainder of the ordinance stands on its own and is still valid. May prevent a flaw in part of the ordinance from invalidating all of it. Acknowledgement of election season pre-emption Minnesota Statute 21113.045 requires municipalities to allow noncommercial signs of any size during election season, from August 1 until ten days after the election. Do not misinterpret this language. It gives extra protection to noncommercial speech during election season. It does not limit political signs to only that time. Content Neutral regulations based on time,place, and manner Regulations should be objectively based on time, place, and manner, not content. Examples include regulations based on size, brightness, zoning district, spacing, and movement. Provisions All Sign Ordinances Should Avoid Unfettered discretion Avoid discretionary approval by the city. Having discretion creates the potential for favoring some messages or messengers over others, whether or not that discretion is actually abused. PermJLL q�xirements-should-be-transparent and-abjecti-ve. Exemptions or favoritism Avoid exempting certain groups or messages, such as church signs or official flags, from permit requirements. This could be content-based discrimination. Exemptions also may"water down"the substantial government interest. For example, if an ordinance prohibits temporary signs but allows a long list of exemptions, it suggests the city is not really concerned about temporary signs. This is different from providing exemptions based on valid time, place, or manner restrictions, such as exempting all signs under a certain size from permitting requirements. Inadvertently treating non-commercial speech differently by defining "sign" as "advertising" Beware of over-defining terms. This occasional problem is the combination of a few steps: 1. Signs are defined as advertising devices. 2. The ordinance allows signs as defined. 3. All other signs are prohibited. This arguably prohibits noncommercial speech, which is unconstitutional. This material Is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. -2- .d 4 Common Questions and Issues Off-premise advertising(Billboards) Off-premise advertising consists of commercial signs that do not advertise for a business on the same premises as the sign. It is legal to forbid off-premise advertising, so long as the prohibition does not extend to noncommercial messages. Flags Be cautious of regulations that might favor some types of flags,particularly the United States Flag, over other flags. This is a good place for the substitution clause; if one type of noncommercial flag would be acceptable, any noncommercial flag should be allowed. Yard Signs Some courts have held that yard signs are constitutionally protected and cannot be prohibited. Be especially cautious about provisions that favor some messages over others, such as exemptions for real estate or construction project signs. Electronic Signs Electronic signs present new challenges, as the technology is capable of new levels of brightness, movement, flashing, and potential distraction. Most sign ordinances do not adequately address these issues. The League has commissioned a study on the traffic safety implications of the technology. Cities may wish to consider moratoriums while the study is conducted and then drafting ordinances that apply the information to each community. A moratorium may prevent electronic signs from becoming grandfathered. Summary Keep in mind these basic rules of thumb: 1. Do not regulate content. 2. Do not favor commercial speech over noncommercial speech. 3. Provide and follow clear procedures. 4. Explain your rationale and purpose. 5. Avoid exceptions. There are exceptions to these rules, but they should be approached cautiously and with legal advice. For assistance or sample ordinances, contact one of the LMCIT land use attorneys: Paul Merwin at 651-281-1278; or Jed Burkett at 651-281-1247. This material Is provided as general Information and Is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. -3 - i• STAFF REPORT To: Mayor and City Council Report No.: Michael Mornson, City Manager From: Kim Moore-Sykes, Assistant City Manager Date: January 29, 2008 Subject: Proposed Revised Sign Ordinance Background: Staff attended an LMC workshop on sign ordinances presented by the League's attorney, Paul Merwin. Mr. Merwin reported that the courts have held that several municipal sign ordinances have provoked freedom of speech objections, with the City of Hopkins being the latest example from Minnesota. By regulating signs in their community, the Courts found that the City of Hopkins inadvertently limited speech without demonstrating a substantial governmental interest in doing so. The Courts have long held that traffic safety and aesthetics are usually the only two governmental interests that cities may assert with sign ordinances. The League attorneys stated that cities may regulate signs and enforce a sign ordinance as long as that enforcement has a neutral effect on speech and is based on other factors rather than the message content of a sign. A sign ordinance that governs activities to protect governmental interests should be objectively based on time,place and manner and unrelated to the speech content of a sign. The attorney stated that if the sign has to be read to determine how it is regulated, then it is being regulated based on speech and that regulation is likely unconstitutional. They also stated commercial and non-commercial speech enjoy different levels of protection under the Constitution. As such, they cautioned that cities should not favor commercial speech over non-commercial speech in the development or enforcement of their sign ordinance. As a result of this workshop and the Hopkins example,Staff was asked to review and revise the City's sign ordinance to make it compliant with State and Federal law. Attached is a revised draft of Chapter 14,based on the City of Hopkins' model sign ordinance. This draft has also been sent to American Legal Publishing for their review per their editor, Mr. Nathan Clark's request. Requested Action: Council review. Attachments: • Draft of revised Chapter 14 • LMC Sign Ordinances and the First Amendment White Paper F:\Staff Reports\2008\012908 Sign Ordinance STAFF REPORT doc STAFF REPORT To: Planning Commission Report No.: XII.3. From: Kim Moore-Sykes,Assistant City Manager Date: February 19, 2008 Subject: Draft Housing Code Ordinance Requested Action: Review of Draft Housing Code Ordinance Date Application Received: N/A - Property Address: N/A Zoning„ District: N/A 60-Day Expires: N/A Waiver Letter Required: Yes Date Sent: No X Future Action: Council Action: Three (3) Readings to be scheduled Background: The City Council directed the Fire Department to review and revise the City's Housing Code Ordinance. The Fire Chief has proposed various revisions to the current City Housing Ordinance found in Chapter 13 of the City Code. The Chief has also researched and drafted a new section, 1336, that proposes to regulate rental residences,regardless if the structure is a multi-family dwelling or a single-family dwelling. Action: Review and provide comment to the draft Housing Code Ordinance for the March 2008 Planning Commission. Attachments: • Draft Section 1335 with proposed revisions • Draft of proposed new Section 1336 • 2006 International Property Maintenance Code Draft Housing Code Ordinance 2008 review.doc DRAFT Ordinance Amendment Section 1335 —HOUSING MAINTENANCE AND OCCUPANCY 1335.01 Puipose. The purpose of this Section 1335 to protect the public health, safety, and general welfare. These general objectives include, among others, the following: (a) Protect the character and stability of residential areas within the City. (b) Correct and prevent housing conditions likely to adversely affect the well-being of persons occupying dwellings within the City. (c) Provide minimum standards for cooling, heating, sanitary equipment, light and ventilation. (d) Prevent the overcrowding, slums and blight, and preserve the value of land and buildings. It is not the intention of the City to intrude upon the contractual relationship between tenant and landlord, to intervene as an advocate of either party, to act as an arbiter, or to deal with complaints covered by this Section 1335. 1335.02 Applicability. Every building and its premises used in whole or in part as a home or residence or as a residential accessory structure. If a provision of this Section is in conflict with state codes, the state codes will govern. . 1335.025 Adoption of Property Maintenance Code The International Property Maintenance Code, 2006 edition, as published by the International Code Council, is adopted by reference in its entirety, except as modified or amended in this Section. Nothing in this section or the International Property Maintenance Code shall be construed to cancel, modify, or set aside any other provision of the City Code. 1335.03 Definitions. The following terms will have the following meanings in this Section 1335. Subd. 1. Accessory Structure. A structure subordinate to a principal dwelling not authorized to be used for living or sleeping by human occupants. Subd. 2. Apartment Building. A structure designed to accommodate three or more dwelling units. Subd. 3. Eeianee Enforcement Official. The City Manager and designated agents authorized to administer and enforce this Section 1335. Subd. 4. Composting. Accumulation of yard waste to be decomposed. 1/4/2008 13-1 Subd. 5. Dwelling. Building, or portion thereof, designed or used predominantly for residential occupancy of a continued nature, including 1-family dwellings, 2-family dwellings, apartment buildings and rooming units, but excluding hotels and motels. Subd. 6. Dwelling Unit. A single residential accommodation intended for use as a domicile for one family. Where a private garage is structurally attached, it will be considered as part of the building in which the dwelling unit is located. Subd. 7. Family or Household. One person or two or more persons each related to the others by blood, marriage, adoption, or foster care, or a group of not more than the owner or a residence plus three persons not so related occupying the residence and maintaining a common household and using common cooking and kitchen facilities. Subd. 8. Toilet. A toilet, with a bowl and trap made in one piece, which is connected to the City water and sewer systems or other approved water supply. Subd. 9. Garbage. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, or consumption of food. Subd. 10. Habitable Building. Any building or part thereof that meets minimum standards for a dwelling. Subd. 11. Habitable Room. Room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms toilet rooms, laundries, furnace rooms, unfinished basements, (those without required ventilation, required electric outlets and required exits), pantries utility rooms of less than 50 square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. Subd. 12. Heated Water. Water heated to a temperature of not less than 120 degrees Fahrenheit, or such lesser temperature required by government authority, measured at faucet outlet. Subd. 13. Kitchen. A space which contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment, and adequate space for the storage of cooking utensils. Subd. 14. Occupant. Any person (including owner or operator) living, sleeping, cooking and eating in a dwelling unit or living and sleeping in a rooming unit. Subd. 15. Operator. The owner or agent who has charge, care, control, or management of a building, or part thereof, in which dwelling units or rooming units are let. Subd. 16. Owner. Any person who owns a dwelling. Any person representing an owner must comply with the provisions of this Section 1335 to the same extent as the owner. 1/4/2008 13-2 Subd. 17. Permissible Occupancy. The maximum number of persons permitted to reside in a dwelling unit or rooming unit. Subd. 18. Person. An individual, firm, partnership, association, corporation or joint venture or organization of any kind. Subd. 19. Premises. A parcel of land which includes a dwelling. Subd. 20. Recyclables. Materials which may be recycled or reused through recycling processes, Including metal beverage containers, glass, newsprint, plastic bottles with necks, corrugated cardboard, magazines, catalogs, phone books and any other materials designated as recyclables by Council resolution. Subd. 21. Refuse. All putrescible and non-putrescible waste solids including garbage and rubbish. Subd. 22. Rental Unit. A dwelling or dwelling unit let for rent or lease. Subd. 23. Repair. To restore to a sound and acceptable state of operation, serviceability or appearance. Subd. 24. Rodent Harborage. Any place where rodents can live, nest or seek shelter. Subd. 25. Rooming Unit. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. Subd. 26. Safety. The condition of being reasonably free from danger and hazards which may cause accidents or disease. Subd. 27. Supplied. Paid, furnished or provided by, or under the control of, an owner or operator. Subd. 28. Interpretation. Whenever the words "dwelling", "dwelling unit", "premises, or `structure" are used in this Section 1335, they will be deemed to be followed by the words "or any part thereof'. Section 1335.04 Responsibilities of Owners and Occupants. No owner or other person may occupy or let to another person any dwelling, unless it and the premises are clean, sanitary, fit for human occupancy, and comply with all applicable requirements of the City Code and state and federal laws and regulations..., and International Property Maintenance Code. sanitary eendifion-. lant must maintain these plai4jefis of th&4wegiffg 1/4/2008 13-3 Section 1335.07 Refuse and Recyclables. Every occupant must store and dispose of or recycle all refuse any recyclables in a clean, sanitary and safe manner as prescribed by City ordinances. Every owner of an apartment building must supply facilities for the sanitary and safe storage and/or disposal or recycling or refuse and recyclables. The storage of refuse and recyclable collection items may not be kept in the front yard setback without approved screening or fencing. Section 1335.08 Storage of Wood. Wood used for fireplaces must be stacked in a location other than the front yard setback. Section 1335.09 Storm and Screen Doors and Windows. The owner of a rental unit is responsible for providing and hanging all screens and storm doors and storm windows required under Section 1335. Seetien 1335.10 Responsibility r Pest - c , --Its on the pr-emises. Othef dwelling oeeupants afe responsible for-sueh emefmination if their-unit is th r-edent pfoof eenditien, exteFminatien is the f:espensibility of the owner. if infestation exists in theospesib lit or the , Seetion 1335.11 ao.t u >•, l.i aant J "__—K�U•_••• ••v.avv, a,.aaall va, JVTqp-Tile,tal —e food fer-r-odents. Seetion 1335.12 Minim of a pefsen other-thAn -.e eeeupant, the supply must-be zoned eentfolled and at a A lesser maintained at a distaftee of t4ee feet above the f and toilet 7feOMS. Section 1335.13 Removal of Snow and Ice. The ewner-of an apaftment building is r-espensibi-e for-the r-emoval of snow and iee fiefli pafldng lets, dr-iveways, steps and walkways eft4he a depth of thfee inehes, fnest be r-emeved ftem Par-king lets and dr-iveways within 244ioefa-aftef lndividual-�wfalls --I'--..e ineh er more, or-sueeessive snowfalls after eessation of the snowfall. eps and wal way. Seetien 1335.14 Drives owner-of as a maintain effeetive illumination in all exter-ier-paflEing lets and walkew-y dfivewa eeeupaneyany dwelling er-dwelling unit whieh does fiet eemply with all of the fellewing. 7 and/of:eeeked afid-'Miieh has adequate eifeulatiefi afea and is equipped with the fellewifig 1/4/2008 13-4 water-supply system, wWeh provides an adequate affieunt ef-heated and unheated (b) Cabinets and/or-sl I and eeel eeunter-er-table fer-feed preparation, ef sound eenstfuetien, with suffaees that are will aaaap ,1 easily eleanable and net: i4 + 1 + rr r , v� eper-atien to be provided by the owner-and eeeupant. system and eenneeted te F system. -In. a rental dwelling u---;it, sueh r-ee must have an entf ee Subd 3. 2 l Cc7 ri 7rr,k—, aaffi rnnn 1 v t imity te the doer-leading di -e teilet 7 water-supply systeni and _A Subd. 4. Bathtub -K$h!25ygf. A non habitable r-oefn equipped with a bathtub er-shewer- adequate heated and unheated water-under-pressure, and eenneeted to an appr-eved seweF systena. In a rental O unit, can+h have —anee deer- U• h rr , Subd. S. St s. Pehes aid-Bakens Stair-ways, inside 6r-r outside, 1 sa p of stairs and every per-eh and baleony fleof must be free ef detefier-atien. Evefy handr- an spin- l and winding stair-ways, .� cu+1, tr-ea s d ; flight r , i" b uni&Tm in width and height-. Subd. 6. Aeqg�g. Aeeess with6ut Passing thfeugh any other dwelling unit. Subd. 7. beelfs -And S.—Hify. E er deerst,al�o,-ey .;---diF'+tel-,R= lin +' eniflg leeking deviees. Ape—Am. buildings must alse inelude r-ental unit deofs widi dead 5 leeking belt that eamot be-F��y efld pr-essufe, open able ffem the inside witheut the use of a yef any opwer- ,1 1. 1 d rr Subd. 8. Sump Pumps. (a) P ose. The discharge of water from roofs, surfaces, groundwater sump pumps, footing tile, swimming pools, or other flow of precipitation into the City system results in flooding and overloading of the sanitary sewer system. When this water 1/4/2008 13-5 is discharged into the sanitary sewer system, it is treated at the sewage treatment plant, resulting in very large and needless expenditures. The City Council, therefore, finds it in the best interest of the City to prohibit such discharges. (b) Discharge Prohibited. No water from any roof, surface, groundwater sump pump, footing tile, swimming pool, or other flow of storm water shall be discharged into the sanitary sewer system. Dwellings and other buildings and structures which require, because of infiltration of water into basements, crawl spaces, and the like, a sump pump discharge system, may have a permanently installed discharge line which shall not at any time discharge water into the sanitary sewer system. A permanent installation shall be one which provides for year round discharge capability to either the outside of the dwelling, building, or structure, or is connected to City storm sewer or discharge through the curb and gutter to the street. Inside piping shall be rigid pipe with fixed joints, pvc or equivalent. (c) Disconnection. Before December 31, 1999, any person, firm, or corporation having a roof surface, groundwater sump pump, footing tile, or swimming pool now connected and/or discharging into the sanitary sewer system shall be disconnected from the sanitary sewer and redirected in an effective, professional manner. Unless inspected prior to then, they may have 45 days to make the disconnection. (d) Inspection. Every person owning improved real estate that discharges into the City's sanitary sewer system shall allow an employee of the City of St. Anthony or a designated representative of the City to inspect the buildings to confirm that there is no sump pump or other prohibited discharge into the sanitary sewer system. In lieu of having the City inspect their property, any person may furnish a certificate from a licensed plumber certifying that their property is in compliance with this ordinance. (e) Correction Period-Reinspection. Properties which fail during the first inspection shall be re-inspected within 45 days to allow corrections to be completed. If property fails the re-inspection, the $100.00 per month surcharge shall be imposed on every sewer bill until compliance is achieved. (fl Future Insvections. Each sump pump or sump pump basket installation identified will be re-inspected periodically. (g) New Construction. All new dwellings with sumps for which a building permit is issued after adoption of this ordinance, shall have a pump and shall be piped to the outside of the dwelling, in accordance with this ordinance, before a certificate of occupancy is issued. (h) Surcharge. A surcharge of$100.00, per month is hereby imposed on every sewer bill mailed, after a 30 day grace period following inspection or confirmed attempt at inspection, to property owners who are not in compliance with this ordinance or who have refused to allow their property to be inspected to determine if there is 1/4/2008 13-6 compliance. All properties found during periodic re-inspection to have violated this ordinance will be subject to the $100.00 per month surcharge for all months between the two most recent inspections. (h) Winter Discharge. The City Manager's office is authorized to issue a permit to allow a property owner to discharge Surface Water into the sanitary sewer system. The permit shall authorize such discharge only from November 15 to March 15 and a property owner is required to meet at lease one of the following criteria in order to obtain a permit: (1) The freezing of the surface water discharge from the sump pump or footing drain is causing a dangerous condition, such as ice buildup or flooding, on either public or private property. (2) The property owner has demonstrated that there is a danger that the sump pump discharge pipes will freeze up and result in either failure or damage to the sump pump unit or cause basement flooding. (3) The water being discharged from the sump pump or footing drain cannot be readily discharged into a storm drain or other acceptable drainage system. Subd. 9. Manual and Automatic Check Valves. Check valves if necessary to prevent sewer back-flow. Prior to the closing of the sale of a dwelling, the seller shall request that a sanitary sewer line to the main street line be inspected for manual and automatic check valves. If the Compliance Officer determines that both manual and automatic check valves are necessary to prevent back-flow, the situation must be corrected before the dwelling is considered in compliance to be sold. Siil,a In Fife Safety>✓ � �• aiv �afet eq Qrr h 4mnl«nli extingua�tT AIA Vl equipment, as feqdir-ed by State Fire Cede. Se..t' 122C 1� T l.a .] Ventilation. +1 � a 1335.ry ttF3- *T let � nrrr� rJ, v�aa Cemplianee Offieial is provided, ev bitable r-eem must have at lea-5, ene windeiv aim standaMs in the Building C > toilet reeffl, laundf-y room0 ,; ef the-ventilatien requirement fef habitable f eeffisT fixtures,outlets and pro 3efly installed, maintained in geed and sate-wer-king eendifieii, 1/4/2008 13-7 the laws of the Stile fAV(' 111.., + d euff State tt E , G , ailed, maintained in safe and good wer-king eendifien, eapable of safely and adequately heating all hBb;l!.Ll- feefly+,--batiffeems, and toil )t r-ee is to a temperature of at least 68 degrees Falifeftheit at _0 «le el and th f r__ r-_ above 11 -- walls - tempefaPdfe of 215 degrees Fahref-U-4 eee Idng er water-heating pu=peses will net be eensider-ed as heating vA tehle heating equipment l,ibited n t ..._ ,_ ' o z r pro - - Section 1335.17 General Requirements. No person may occupy or let to another for occupancy any dwelling or dwelling unit which does not comply with the following: Subd. 1. i' I li:: (tttAnc tr�ri� �I/ 1cn ,rvrra-iT6vz��- r�1irCir., ' inn rives 11 i , 1 Vd�l Yr�J'$jQ Feteet ted against vefmin and fWents and in sound eendifien and repair-. ne fetmdatien must adequately suppei.4. the b-filding at all Points. Every exter-ier-wall must be free of deterier-atieW heles, breaks, 1 Fetting beards er-timbers, and any ether-eendifien whiell might admit r-ain or-dam the interior-peffiEffi Of the walls E)r-te the exitffi-eii:spaees f the dwelling. The f�oef must be tight and have no dBeffe-e-ts Whieh admit r-ain, and f:eef drainage must be adequate4e pr-eveat fain water-fr-efn n the walls. All emer-ier-weed sur-faees, edief extefier-sur-faee is unpainted or-deteffnined by the Cemplianee Offieial to be pain blistered. if 0 stone wall is-leese or-has fallen eut, the sur-faee niust be . and hate dee i must be substantially tight and setind eendifien and repair-. Every windle-m othef than a fixed window er-stofm windew, niust be eapable ef being easily epened-.E-,� window, door-and frame mu t be eenstfuetedd maintainedsue1. 7 tien , adjae-ent wall- eenstfuetien as to eempletely exelude min, wind, vefmin md fedents from enter-i ig the building. E,-.-, epen able windew er-other-deviee must be supplied with mesh-careen Aufing Nh inse t seasen of a mesL size , Building , aT - 1/4/2008 13-8 84d 3. A T..re Ti f�Tir�i tt a_-- eeilingniust aaw kept in sound eend;4..-- I 7 tight, andfflatefials. Evefy interior-wall sanitafy eend1'tien. kgs in the exter-ier 7 , ) ) interior-fleer-s er-basements, eellar-s and other-afeas in eentaet with the sleil must be pave Subd. 5. Fence Maintenance. Fences may consist only of metal, wood, masonry, or other decay resistant material, maintained in good condition both in appearance and in structure, solely on the owner's property, with all wood material other than decay resistant varieties with paint or other preservatives Painting is required if 25% or more of the exterior surface is unpainted or determined by the Compliance Official to be paint blistered, and repair is required if 25% or more of the exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out. Posts and framework must face the owner's property, with the finished material facing the street or adjacent property. Subd. 6. Accessory Structure Maintenance. 7 appeafanee7 ether pre&eFA'ives. Painting is required if 25% or more of the exterior surface is unpainted or determined by the Compliance Official to be paint blistered, the surface must be painted and repair is required. If 25% or more of the exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out. Safeii a4aI. E'Ve Y fla.c at 7 Feet' Ll�a .r "__..��, �...+A, aavva, vA wall, inside ) ) 7 ther-ete7 be plaeed-thefeen, 1:9119:11 use iay-eawse-te A -1 tindef:the City CE)de and e -efy eb-iinney and flue must be installed . Subd. 9. Grading and Drainage. Every yard, court, passageway and other portions of the premises must be graded and drained so as to be free of standing water. Draining cannot impact neighboring properties as specified in section 1650.03 (h). 1/4/2008 13-9 Subd. 10. Unit Below Grade. No space located more than four feet below grade may be used as a habitable room of a dwelling unless approved by the Gempheftee Building Official. Subd. 11. Yard Cover. Every yard of premises on which a dwelling stands must be covered by lawns and/or ground cover of vegetation, gardens,hedges, shrubbery or related decorative materials and must be maintained. No land owner may permit or maintain on the land any growth of weeds, grass,brush or other rank vegetation to an average height greater than six inches, any accumulation of dead weeds, grass or brush, or any noxious weeds or plants as defined by the Minnesota Department of Agriculture. Subd. 12. Composting. Composting is permitted only if. (1) it is conducted in enclosed containers not over five feet in height with an aggregate volume of not more than 100 cubic feet, made of durable material such as wood, block or sturdy metal fencing located at least five feet from lot lines and no closer than 20 feet from any habitable building, other than the resident's own home, and no closer than two feet from any alley; (2) only organic yard materials, such as grass clippings, leaves, flowers, weeds, sawdust, wood ash, plant trimmings, straw and commercial composting material, are put in the compost containers; (3) no meat, bones, fat, oils, dairy products or other kitchen wastes, whole branches, logs, plastics, synthetic fibers, human or pet wastes, or diseased plants are put in the containers; (4) composting is managed to minimize odor and promote effective composition. Subd. 13. Trees and Brush. Trees and brush must be trimmed so as not to interfere with public walkway or right-of-way access or driving sightlines. Trees and brush cannot infringe on neighboring properties. Subd. 14. Discontinuance of Service or Facilities. No owner, operator, or occupant may cause any service, facility, equipment or utility required under this Section 1355 to be removed from, shut off or discontinued, for any occupied dwelling, except for temporary emergencies and temporary interruptions necessary for repairs or alterations. Subd. 14. Temporary Storage Units Temporary storage units including dumpsters are permitted for no more than sixty(60)days and must be maintained in good repair and appearance. One)(e (I) temporary storage unit is allowed at any residential property. Temporary storage units must be place on paved surfaces and are not allowed in the right of way. 1/4/2008 13-10 Section 1335.18 Maximum Occupancy Minimum Space Access. No person may occupy or permit to be occupied any dwelling which does not comply with the following: Subd. 1. Maximum Occupancy. Cede. 1 —2 Occupants 3 —S Occupants 6 or more occupants Living Room No Requirement 120 sq.feet 150 sq.feet Dining Room No Requirement 80 sq.feet 100 sq.feet Bed Room 70 sq.feet 50 sq.ft per person 50 sq.ft per person AT + a 1 n ,1 u 2. One ,ry'ZT crCC7LTIyl 1i�I'TpCZrIG17C the"rcrrro family t` 1+ 1.1 y pt f 1 f guests, . 3. Ceiling CIitCS77foa rrfaoc--rrc: �1' height + 1 +l, -- --. - -- -__m ____inn height of no leas �aisni sleeping,seven feet, e -p half stofies used fef , e— least se—e- Ice-eet. ever-at least half of the floof area, exeluding thes have ^lee;1; -1, ems-arrdBeems. No dwelling built-after-� used as the only aeeess to a habitable feem, basefnent of Section 1335.19. Appeal. When it is alleged by the owner or resident agent that the compliance order is based upon the erroneous interpretation of this Chapter, other applicable City Code provisions or the International Property Maintenance Code, the owner or resident agent may appeal the compliance order to the City Council. Such appeal shall be in writing, must specify the grounds for the appeal, and must be filed with the City within five (5) business days after service of the compliance order. (modifies section 111 of 1PMQ 1/4/2008 13-11 r 1 'U"RAFT 1336.00 Rental Dwelling Subd. 1. Purpose. It is the purpose of this Section 1336 to protect the public health, safety and welfare of the community at large and the residents of rental dwellings in the City of St. Anthony and to ensure that rental housing in the city is decent, safe, and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to come an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. The operation of rental residential properties is a business enterprise that entails certain responsibilities. Owners and operators are responsible to take such reasonable steps as necessary to ensure that the citizens of the city who occupy such units may pursue the quiet enjoyment of the normal activities of life in surroundings that are: safe, secure and sanitary; free from noise, nuisance or annoyances; and free from unreasonable fears about safety of persons and security of property. Subd. 2. Applicability. This Section applies to all rental dwellings in the City, including any accessory structures on the premises upon which the rental dwelling is located, such as garages and storage buildings. This chapter does not apply to Minnesota Department of Health licensed rest homes, convalescent care facilities, licensed group homes, nursing homes, or condominium units as defined and governed by Minnesota Statutes Chapters 515, 515A and 515B. Subd. 3. Adoption of Property Maintenance Code The International Property Maintenance Code, 2006 edition, as published by the International Code Council, is adopted by reference in its entirety, except as modified or amended in this Section. Nothing in this section or the International Property Maintenance Code shall be construed to cancel, modify, or set aside any other provision of the City Code. Subd. 4. Enforcement Official. The City Code Official and Deputy Code Official is authorized and directed to enforce all provisions of this Section, subject to review by the City Council. 1336.01 Definitions. The following terms will have the following meanings in this Section 1336. Subd. 1. Accessory Structure. A structure subordinate to a principal dwelling not authorized to be used for living or sleeping by human occupants. Subd. 2. Apartment Building. A structure designed to accommodate three or more dwelling units. Subd. 3. Enforcement Official. The City Manager and designated agents authorized to administer and enforce this Section 1336. Subd. 4. Composting. Accumulation of yard waste to be decomposed. 1/22/2008 s Subd. 5. Dwelling. Building, or portion thereof, designed or used predominantly for residential occupancy of a continued nature, including 1-family dwellings, 2-family dwellings, apartment buildings and rooming units,but excluding hotels and motels. Subd. 6. Dwelling Unit. A single residential accommodation intended for use as a domicile for one family. Where a private garage is structurally attached, it will be considered as part of the building in which the dwelling unit is located. Subd. 7. Family or Household. One person or two or more persons each related to the others by blood,marriage, adoption, or foster care, or a group of not more than the owner or a residence plus three persons not so related occupying the residence and maintaining a common household and using common cooking and kitchen facilities. Subd. 8. Toilet. A toilet,with a bowl and trap made in one piece, which is connected to the City water and sewer systems or other approved water supply. Subd. 9. Garbaize. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, or consumption of food. Subd. 10. Habitable Building. Any building or part thereof that meets minimum standards for a dwelling. Subd. 11. Habitable Room. Room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms toilet rooms, laundries, furnace rooms, unfinished basements, (those without required ventilation, required electric outlets and required exits), pantries utility rooms of less than 50 square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. Subd. 12. Heated Water. Water heated to a temperature of not less than 120 degrees grees Fahrenheit, or such lesser temperature required by government authority, measured at faucet outlet. Subd. 13. Kitchen. A space which contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment, and adequate space for the storage of cooking utensils. Subd. 14. Occupant. Any person (including owner oroperator) living, sleeping, cooking and eating in a dwelling unit or living and sleeping in a rooming unit. Subd. 15. Operator. The owner or agent who has charge, care, control, or management of a building, or part thereof, in which dwelling units or rooming units are let. Subd. 16. Owner. Any person who owns a dwelling. Any person representing an owner must comply with the provisions of this Section 1336 to the same extent as the owner. 1/22/2008 Subd. 17. Permissible Occupancy. The maximum number of persons permitted to reside in a dwelling unit or rooming unit. Subd. 18. Person. An individual, firm, partnership, association, corporation or joint venture or organization of any kind. Subd. 19. Premises. A parcel of land which includes a dwelling. Subd. 20. Recyclables. Materials which may be recycled or reused through recycling processes, Including metal beverage containers, glass, newsprint,plastic bottles with necks, corrugated cardboard,magazines, catalogs,phone books and any other materials designated as recyclables by Council resolution. Subd. 21. Refuse. All putrescible and non-putrescible waste solids including garbage and rubbish. Subd. 22. Rental Unit. A dwelling or dwelling unit let for rent or lease. Subd. 23. Repair. To restore to a sound and acceptable state of operation, serviceability or appearance. Subd. 24. Rodent Harborage. Any place where rodents can live, nest or seek shelter. Subd. 25. Rooming Unit. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. Subd. 26. Safe . The condition of being reasonably free from danger and hazards which may cause accidents or disease. Subd. 27. Supplied. Paid, furnished or provided by, or under the control of, an owner or operator. Subd. 28. Interpretation. Whenever the words"dwelling", "dwelling unit", "premises, or `structure" are used in this Section 1336, they will be deemed to be followed by the words"or any part thereof'. 1336.02 Responsibilities of Owners (Landlord). Subd. 1. Owner Responsible. Every owner of a rental dwelling is responsible for violations of duties and obligations imposed by this Section even if the duty or obligation is also imposed on the occupant(s) of the rental dwelling, or even if the owner, by agreement, has imposed on the occupant (s)the duty of making sure that the rental dwelling complies with the requirements of this Section, applicable provisions of the City Code and the International Property Maintenance Code. Subd. 2. Cleanliness. Every owner of a rental dwelling is responsible for keeping that part of the premises which he or she occupies or controls in a clean, sanitary and safe 1/22/2008 condition in conformance with this Section, applicable provisions of the City Code and the International Property Maintenance Code, including any shared or common areas in a multiple family dwelling. Subd. 3. Obtain License. The owner or resident agent must obtain a license and pay all license fees as required by this Section before the rental dwelling may be rented. Subd. 4. Drives, Parking, Sidewalks. The owner of an apartment building must provide and maintain effective illumination in all exterior parking lots and walkways, parking areas and driveways. Unless agreed upon, the owner of a property adjacent to walkways must use due diligence to keep the walk safe for pedestrians. No such owner or occupant may allow snow, ice, dirt or rubbish to remain on the walk longer than 12 hours after it has been deposited. Subd. 5. Discontinuance of Service or Facilities. No owner, operator, or occupant may cause any service, facility, equipment or utility required under this Section 1355 to be removed from, shut off or discontinued, for any occupied dwelling, except for temporary emergencies and temporary interruptions necessary for repairs or alterations. 1336.03 Responsibility of Occupant(Renter). Subd. l 1336.05. License Application. Subd. 1. The owner of a rental dwelling must submit an application for a license on forms and in the format provided by the City. The owner must give notice, in writing,to the City within five(5)business days of any changes to the information contained in the license application. The application must include: 1. the owner's name, address, and telephone number, owning partners of a partnership, corporate officers if a corporation; or 2. the name and address of a person residing or having a business office in Hennepin or Ramsey County, and appointed by the owner as an agent for purposes of notices under this section and for services of process upon the owner; or 3. the name and address of any managing operator or agent; or 4. the name and address of the contract for deed vendor if the rental dwelling is owned under a contract for deed; or 5. the legal address of the rental dwelling; and 6. the type and number of units within the rental dwelling; and 7. the height and the multiple dwelling in stories; and 8. the type of structure to be licensed (i.e. single-family, duplex, triplex); and 9. the exterior finish of the building. Subd. 2. Issuance and Term. Upon approval by the City Council, the City Clerk will issue a license to the owner of the rental dwelling. A license is personal to the owner of a specified rental dwelling. No license may be transferred to a purchaser of a multiple dwelling or to any other person or entity. If a rental dwelling is sold, the purchaser may not own or operate the rental dwelling without first obtaining the license provided for in this section. A license will be valid for one year. If a license is issued during the year, the license will be prorated accordingly at the renewal time. 1336.06. License Fees. Subd. 1. The owner must pay an annual license fee, the amount of which will be determined by the City Council. The fee schedule is located in Chapter 6 of this city code. The owner must submit the required fee along with the application for a new or renewal license. Applications for renewal license submitted after the license term 1/22/2008 expiration are subject to a penalty fee, which shall be determined from the time by the City Council. 1336.07. License Issuance. Subd. 1. Preliminary Inspection and Investigation. Prior to issuing a license, the City Code Official will inspect the rental dwelling to determine compliance with this Section, the City Code and the International Property Maintenance Code. The City Clerk will review the application for completeness and determine whether all real estate taxes and municipal utilities are paid and current. Subd. 2. Compliance Order. If the rental dwelling is not in full compliance with paragraph(1), the City will provide the owner or resident agent with a compliance order pursuant to Section 1336.08. If the owner corrects the items in the compliance order within the specified period of time, the City will issue a license to the owner. Subd. 3. Unsafe of Dangerous Conditions. No owner or resident agent may operate a_ rental dwelling,regardless of the type of license issued if the Housing Inspector In g g YP determines that a condition exists in or on the rental dwelling or premises that is unsafe or poses-an-imminent-dangerto-the-health-or-safety-ofthe-tenants-or-the-pubhc—Any determination by the Housing Inspector is subject to suspension or revocation of the license, criminal prosecution and any civil remedies available to the City. Subd. 4. Posting of License. The owner shall post a copy of the license in the rental dwelling in a conspicuous place. In multiple dwelling units requiring a single license, the license shall be posted in a common area of the building such as a corridor, hallway or lobby. The posted license shall be framed with clear glass or plastic. Subd. 5. Renewal of License. An owner may continue to rent a dwelling after the expiration day of the license provided the owner has filed with the City on or before June 30`h, the appropriate renewal license application and license fee. The issuance of a license under this Chapter shall be considered a privilege and not an absolute right of the owner and shall not entitle the owner to an automatic renewal of the license. Allowing the owner to continue to rent while the renewal is being processed does not obligate the City to automatically renew the license. Subd. 6. Transfer of License. Licenses are not transferable. Any change e in the ownership of the rental dwelling requires a new license. Subd. 7. Resident Agent Required. Owners of rental dwellings with five 5 or more � q g ( ) individual units appoint a resident agent who shall reside within the rental dwelling to be responsible for the maintenance and upkeep of the rental dwelling and common areas and to handle licensing issues with the City. Owners of rental dwellings containing fewer than five (5)units who do not reside within the counties of Ramsey, Hennepin, Anoka, Carver, Dakota, Scott, Washington, Wright, Chisago, Isanti or Sherburne shall appoint an agent that resides within one of these counties that shall be the responsible resident agent. 1/22/2008 Subd. 8. Register of Occgpancy. The owner or its resident agent shall keep a current register of occupancy for each rental dwelling. This register of occupancy may be reviewed by the City at the time. Said register of occupancy shall contain, at a minimum, the following information: 1. Address(es) of the rental dwelling; 2. Number of bedrooms of each unit; 3. Number of units in each building; and 4. Number of adult and children (under 18) currently occupying each unit. 1336.08 INSPECTIONS. Subd. 1 Inspections. The City will inspect all rental dwellings periodically to determine compliance with this Chapter, the City Code and the International Property Maintenance Code. The City will inspect rental dwellings with even-numbered addresses in the even year. After each inspection, the City shall provide the owner or resident agent with a compliance order pursuant to Section 1336.08. The owner or resident agent must correct the violations within the time period specified in the compliance order. If the violations are not corrected, the City may suspend or revoke the license under Section 1336.08, unless it is the initial license period, in which case, the license is valid until the end of the owner's existing lease with the current tenant as noted in Section 1336.08. The City may, however, immediately suspend or revoke a license if an unsafe or dangerous condition exists as described in Section 1336.06 subd. 3. Subd. 2 Occupant Initiated Inspections. An occupant who believes that his or her rental dwelling is not in compliance with the provision of this Chapter, City Code or the International Housing Maintenance Code may provide written notice to the owner or resident agent of the rental dwelling specifying the alleged deficiency. Of the owner or resident agent does not take action to correct the alleged problem the occupant may contact the City and request an inspection of the rental dwelling by the Housing Inspector upon showing proof that the owner or resident agent had been properly notified and has been given a reasonable time in which to correct deficiencies. The cost of the inspection shall be paid by the owner if the City's inspection reveals actual deficiencies as described by the occupant. 1336.09 CONDUCT ON LICENSED PREMISES. Subd. 1 Owner Responsible. It shall be the responsibility of the owner or resident agent to see that persons occupying the rental dwelling conduct themselves in such a manner as not to cause the premised to be disorderly. This section applies to all licenses. For purposed of this section, a rental dwelling is disorderly at which any of the following activities occur: 1. Violation of Minnesota Statutes Chapter 609 Gambling, Prostitution and 1/22/2008 Disorderly Conduct; and 2. Violation of Minnesota Statutes Chapter 152 Controlled Substances; and 3. Violation of Minnesota Statutes Chapter 340A Sale& Consumption of Alcohol; and 4. Violation of Minnesota Statutes Chapters 624 Sale&Use of Weapons; and 5. Violation of City Code Chapters 1100 and 1200 Penal Regulations and Nuisances. Subd. 2 City Enforcement. The City Code Official is responsible for enforcement of this section. Subd. 3 First Violation. Upon determination by the City Code Officer that a licensed premises was used in a disorderly manner, as described in Subd. 1 of this section, the City Code Official must give notice to the licensee of the violation and direct the licensee to take steps to prevent further violations. Subd. 4 Second Violation. If another occurrence of disorderly use of the licensed premises occurs within six months of an incident for which a notice in section subd. 3 of this section was given, the City Code Official must notify the licensee of the violation and must also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report must be submitted to the City Code Official within five days of receipt of the notice of disorderly use of the premises and must detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three months. Subd. 5 Third Violation. 1. If another instance of disorderly use of the licensed premises occurs within one year after any two previous instances of disorderly use for which notices were given to the licensee pursuant to this section, the rental dwelling license for the premises may be denied, revoked, suspended or not renewed. Written notification (ticket) will be issued by the City Code Official. Such written notice must specify all violations of this section, and must state the date, time, place and purpose of the hearing. The hearing must be held no less than ten days and no more than 60 days after giving such notice. 2. Following the hearing, the City Council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this section. 1/22/2008 Subd. 6 No Adverse Action Pending Eviction. No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurred during the pending of eviction proceedings (unlawful detainer) or within 30 days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings are not a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. Subd. 7 Finding of Disorderly Conduct. A determination that the licensed premises have been used in a disorderly manner as described in subd. 1 of this section shall be made upon a fair preponderance of the evidence to support such a determination. It is not necessary that criminal charges be brought in order to support a determination of disorderly use nor does the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section. Subd. 8 Service of Notices. All notices given by the City under this section must be personally served on the licensee, sent by certified mail to the licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the licensed premises. Subd. 9 Enforcement Actions. Enforcement actions provided in this section are not exclusive, and the City Council may take any action with respect to a licensee, a tenant, or the licensed premises as is authorized by the city code, state or federal law. 1336.10 CONDITION OF LICENSED PREMISES. Subd. 1. Compliance Order. Whenever the City Code Official determines that the condition of any rental dwelling or the premises surrounding it fails to meet the provisions of this Chapter, other applicable City Code provisions or the International Property Maintenance Code, he or she may issue a compliance order setting forth the specific violations and ordering the owner to correct such violations. Subd. 2. Contents of the Compliance Order. The compliance order shall: 1. Be in writing; and 2. Describe the location and nature of the violations; and 3. Set forth a reasonable time for the correction of the violations by the owner or resident agent; and 4. Be served upon the owner and resident agent either personally or by certified mail. A copy of the compliance order shall also be provided to 1/22/2008 the occupants of the rental dwelling. Subd. 3. License Action. If the violations listed in the compliance order are not remedied by the owner or resident agent within the specified time given in the order, the license for the rental dwelling may be denied, suspended, revoked, or not renewed by the City. An administrative fine in an amount set forth from time to time by the City Council by resolution may also be imposed. If the City decides that it will be denying, suspending, revoking or not renewing a license or imposing an administrative fine pursuant to this Section, the City shall send a notice of the proposed action to the owner and resident agent of the rental dwelling. Subd. 4. Appeal. When it is alleged by the owner or resident agent that the compliance order is based upon the erroneous interpretation of this Chapter, other applicable City Code provisions or the International Property Maintenance Code, the owner or resident agent may appeal the compliance order to the City Council. Such appeal shall be in writing, must specify the grounds for the appeal, and must be filed with the City within five (5) business days after service of the compliance order. (modifies section 111 of IPMQ 1336.11 HEARING PROCEDURE. Subd. 1. Scheduling of Hearing. If the City makes a determination that it will be denying, suspending, revoking or not renewing a license pursuant to Sections 1336.08 of 1336.09 of this Chapter, or if the owner or resident agent is appealing the compliance order pursuant to Section 1336.09 of this Chapter, the City Council shall conduct a hearing on the matter. The hearing shall be scheduled at the next regular City Council meeting following the date of the notice or receipt of the owner's notice of appeal of a compliance order. Subd. 2. Hearin. At the hearing, the City Council shall hear all relevant evidence and arguments and shall review all testimony, documents and other evidence submitted. The owner or resident agent shall have the opportunity to address the City Council at the hearing. Subd. 3. Findings. After the hearing is concluded, the City Council shall make findings on whether to uphold the compliance order or to revoke, suspend, deny or not renew the license or impose an administrative fine. The City Council shall issue a written decision within thirty (30) days following the date of the hearing and shall send a copy of its decision to the owner and resident agent by mail. The decision shall specify the rental dwelling or units to which it applies. Subd. 4. No Occupancy. If a license is revoked, suspended, denied or not renewed by the City Council, it shall be unlawful for the owner or the resident agent to thereafter permit the occupancy of the rental dwelling or the unit. A notice of the action shall be posted by the City Code Official on the rental dwelling or the unit in order to prevent any further occupancy. No person shall reside in, occupy or cause to be occupied that rental dwelling 1/22/2008 I or unit until a license is obtained or reinstated by the owner. Subd. 5. Appeal. An owner may appeal the decision of the City Council as allowed under City Ordinance 13 36.10 Subd. 4. 1336.12 MISDEMEANOR. Subd. 1. Failure by an owner to comply with a compliance order after the right of appeal has expired or violation of any of the provisions of this Chapter shall constitute a misdemeanor. Each day that a violation continues shall be deemed a separate punishable offense. 1/22/2008 A Member of the International Code Family® s;\� INTERNATIONAL CODE COUNCIL® i PREFACE �I Introduction Internationally,code officials recognize the need for a modem,up-to property maintenance code governing the maintenance of existing buildings.The International Property Maintenance Code®,in this 2006 edition,is designed to meet this need through model code regulations that contain clear and specific property maintenance requirements with required property improvement pro- visions. This 2006 edition is fully compatible with all International Codes®(I-Codes®)published by the International Code Council (ICC)®,including the International Building Code®,ICC Electrical Code®—Administrative Provisions,International Energy Con- servation Code®,International Existing Building Code®,International Fire Code®,International Fuel Gas Code®,International Mechanical Code®,ICC Performance Code®,International Plumbing Code®,International Private Sewage Disposal Code®,Inter- national Residential Code®,International V ldland-Urban Interface Code'and International Zoning Code®. The International Property Maintenance Code provisions provide many benefits,among which is the model code development process that offers an international forum for code officials and other interested parties to discuss performance and prescriptive code requirements.This forum provides an excellent arena to debate proposed revisions.This model code also encourages international consistency in the application of provisions. Development The first edition of the International Property Maintenance Code(1998)was the culmination of an effort initiated in 1996 by a code development committee appoinl� y ICC-and-consisting-of-representatives-of-the-three-statutory-members-of-the International Code Council at that time,including:Building Officials and Code Administrators International,Inc.(BOCA),International Con- ference of Building Officials(ICBO)and Southern Building Code Congress International(SBCCI).The committee drafted a com- prehensive set of regulations for existing buildings that was consistent with the existing model property maintenance codes at the time.This 2006 edition presents the code as originally issued,with changes reflected through the previous 2003 editions and further changes developed through the ICC Code Development Process through 2005.A new edition of the code is promulgated every three years. This code is founded on principles intended to establish provisions consistent with the scope of a property maintenance code that adequately protects public health,safety and welfare;provisions that do not unnecessarily increase construction costs;provisions that do not restrict the use of new materials,products or methods of construction;and provisions that do not give preferential treat- ment to particular types or classes of materials,products or methods of construction. Adoption The International Property Maintenance Code is available for adoption and use by jurisdictions internationally.Its use within a governmental jurisdiction is intended to be accomplished through adoption by reference in accordance with proceedings establish- ing the jurisdiction's laws.At the time of adoption,jurisdictions should insert the appropriate information in provisions requiring specific local information,such as the name of the adopting jurisdiction.These locations are shown in bracketed words in small cap- ital letters in the code and in the sample ordinance.The sample adoption ordinance on page v addresses several key elements of a code adoption ordinance,including the information required for insertion into the code text. Maintenance The International Property Maintenance Code is kept up to date through the review of proposed changes submitted by code enforc- ing officials,industry representatives,design professionals and other interested parties.Proposed changes are carefully considered through an open code development process in which all interested and affected parties may participate. The contents of this work are subject to change both through the Code Development Cycles and the governmental body that enacts the code into law.For more information regarding the code development process,contact the Codes and Standards Develop- ment Department of the International Code Council. While the development procedure of the International Property Maintenance Code ensures the highest degree of care,ICC,its membership and those participating in the development of this code do not accept any liability resulting from compliance or non- compliance with the provisions because ICC does not have the power or authority to police or enforce compliance with the contents of this code.Only the governmental body that enacts the code into law has such authority. 2006 INTERNATIONAL PROPERTY MA114TENANCE CODE® ill Letter Designations in Front of Section Numbers In each code development cycle,proposed changes to this code are considered at the Code Development Hearings by the ICC Prop- erty Maintenance/Zoning Code Development Committee,whose action constitutes a recommendation to the voting membership for final action on the proposed changes.Proposed changes to a code section having a number beginning with a letter in brackets are considered by a different code development committee.For example,proposed changes to code sections that have the letter[F]in front of them(e.g., [F]704.1)are considered by the International Fire Code Development Committee at the Code Development Hearings. . The content of sections in this code that begin with a letter designation are maintained by another code development committee in accordance with the following: [F]=International Fire Code Development Committee; [P]=International Plumbing Code Development Committee; [F]=International Fire Code Development Committee;and [B]=International Building Code Development Committee. Marginal Markings Solid vertical lines in the margins within the body of the code indicating a technical change from the requirements of the previous edition.Deletion indicators in the form of an arrow(.1)are provided in the margin where an entire section,paragraph,exception or table has been deleted or an item in a fist of items or a table has been deleted. Iv 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® i ORDINANCE The International Codes are designed and promulgated to be adopted by reference by ordinance.Jurisdictions wishing to adopt the 2006 International Property Maintenance Code as an enforceable regulation governing existing structures and premises should ensure that certain factual information is included in the adopting ordinance at the time adoption is being considered by the appro- priate governmental body.The following sample adoption ordinance addresses several key elements of a code adoption ordinance, including the information required for insertion into the code text. i SAMPLE ORDINANCE FOR ADOPTION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE ORDINANCE NO. An ordinance of the[JURISDICTION]adopting the 2006 edition of the International Property Maintenance Code,regulating and governing the conditions and maintenance of all property,buildings and structures;by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe,sanitary and fit for occupation and use;and the condemnation of buildings and structures unfit for human occupancy and use,and the demolition of such existing struc- tures in the[JURISDICTION];providing for the issuance of permits and collection of fees therefor;repealing Ordinance No. of the[JURISDICTION]and all other ordinances and parts of the ordinances in conflict therewith. The-[GOVERNING BOD of the[JURISDICTION]does ordain as follows: Section 1.That a certain document,three(3)copies of which are on file in the office of the[TITLE OF JURISDICTION'S KEEPER OF RECORDS]of[NAME OF JURISDICTION],being marked and designated as the International Property Maintenance Code,2006 edi- tion,as published by the International Code Council,be and is hereby adopted as the Property Maintenance Code of the[JURISDIC- TION],in the State of[STATE NAME]for regulating and governing the conditions and maintenance of all property,buildings and structures;by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe,sanitary and fit for occupation and use;and the condemnation of buildings and structures unfit for human occupancy and use,and the demolition of such existing structures as herein provided;providing for the issuance of permits and col- lection of fees therefor;and each and all of the regulations,provisions,penalties,conditions and terms of said Property Maintenance Code on file in the office of the[JURISDIC'T'ION]are hereby referred to,adopted,and made a part hereof,as if fully set out in this ordi- nance,with the additions,insertions,deletions and changes,if any,prescribed in Section 2 of this ordinance. Section 2.The following sections are hereby revised: Section 101.1.Insert:[NAME OF JURISDICTION] Section 103.5.Insert:[APPROPRIATE SCHEDULE] Section 302.4.Insert: [HEIGHT IN INCHES] Section 304.14.Insert:[DATES IN TWO LOCATIONS] Section 602.3.Insert: [DATES IN TWO LOCATIONS] Section 602.4.Insert:[DATES IN TWO LOCATIONS] Section 3.That Ordinance No. of[JURISDICTION]entitled[FILL IN HERE THE COMPLETE TITLE OF THE ORDINANCE OR ORDINANCES IN EFFECT AT THE PRESENT TIME SO THAT THEY WILL BE REPEALED BY DEFINITE MENTION]and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4.That if any section,subsection,sentence,clause or phrase of this ordinance is,for any reason,held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.The[GOVERNING BODY]hereby declares that it would have passed this ordinance,and each section,subsection,clause or phrase thereof,irrespective of the fact that any one or more sections,subsections,sentences,clauses and phrases be declared unconstitutional. Section 5.That nothing in this ordinance or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court,or any rights acquired,or liability incurred,or any cause or causes of action acquired or exist- 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE° v ing,under any act or ordinance hereby repealed as cited in Section 3 of this ordinance;nor shall any just or legal right or remedy of any character be lost,impaired or affected by this ordinance. Section 6.That the[JURISDICTION'S KEEPER OF RECORDS]is hereby ordered and directed to cause this ordinance to be published. (An additional provision may be required to direct the number of times the ordinance is to be published and to specify that it is to be in a newspaper in general circulation.Posting may also be required.) Section 7.That this ordinance and the rules,regulations,provisions,requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect[TIME PERIOD]from and after the date of its final passage and adoption. A 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® TABLE OF CONTENTS CHAPTER 1 ADMINISTRATION ............... 1 503 Toilet Rooms .. ... ... . . .. . . .. . . . . . . . .. .. . . 15 Section 504 Plumbing Systems and Fixtures . . . . . . . .. . .... 15 101 General.. ...... .... . . .. . .. . . . .. . ... . .. .. .. 1 505 Water System. . ....... ... ... .. .. .. . . . . . .. . 15. . ... .... 102 Applicability . . . . . .. .. . .. .. ... . . .. .. . .. . . . . 1 506 Sanitary Drainage System.... .. . . .. 16 103 Department of Property Maintenance 507 Storm Drainage . . .... .. ... ... . . . .. . ...••• 16 Inspection.... .. ... . . ... . . . . . . . . .. . .. . . . . 1 104 Duties and Powers of the Code Official... . . . . . .2 CHAPTER 6 MECHANICAL AND ELECTRICAL 105 Approval. ...... .. .. .. .. ...... .. ... . . . . . . .. 2 REQUIREMENTS........... 2 Section 106 Violations. ... . ... . ... . ...... .... . . .. . .. . . . 17 3 601 General... ...... ... ... ... . .. . . . .. . .. . ... 107 Notices and Orders . . .. . ...... . . .. . . .. . . . . . . 17 3 602 Heating Facilities. ... . .. . . . . .. . . .. . . .. . ... 108 Unsafe Structures and Equipment . .... . . . . . . . . 17 109 Emergency Measures. . .. .. . ... . ... . . . . .. . . . . 4 603 Mechanical Equipment . .. . .. . . . .. . . . . .. . .. 4 604 Electrical Facilities . . .. ... . ... . . . .. .. . .. ... 17 110 Demolition....... .. . . .. .... . . . .... . . .. . . . 605 Electrical Equipment.. . ... .. .. . .. .. . . ... ... 18 111 Means of Appeal .. . . . . . . . . . . . . . ... . . . . . . .. . 5 606 Elevators,Escalators and Dumbwaiters.. . .. ... 18 CHAPTER 2 DEFINITIONS ....................7 607 Duct Systems... .... ... ... ... . . .. .. . .. . ... 18 Section 201 General. . ..... . .. . . . . . . .. . . . . . .. . . . . . . . . . . 7 CHAPTER 7 FIRE SAFETY .............. REQUIREMENTS. . 19 202 General Definitions . . . . . .. . . . . . . . . . .. . .. . . . • 7 Section CHAPTER 3 GENERAL REQUIREMENTS ......9 701 General. .. . . . . .. . . . . . .. . . . . . . . . . . . .. . . .. . 19 702 Means of Egress. ... ... .. . . .. . . . . . . .. . . . ... 19 Section 703 Fire-Resistance Ratings. . . . . . . . . . . . . . . . . . . .. 19 301 General.. . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 9 704 Fire Protection Systems. .. . . . . . . . . . . . . . . . ... 19 302 Exterior Property Areas. . . . . . . . . . . .. . . . . . . . . . 9 303 Swimming Pools,Spas and Hot Tubs. . . . . . . . . . .9 CHAPTER 8 REFERENCED STANDARDS......21 304 Exterior Structure . . . . . . . . . . . . . . .. . . . . . . . . . 10 305 Interior Structure. . . . . . . . . . . .. . . . .. . . . . . . . . 11 INDEX........................................ 23 306 Handrails and Guardrails .. . . . . . . . . . . . . . . . . . 11 307 Rubbish and Garbage . . . . . . . . . . . ... . . . . . . . . 11 308 Extermination.. . . . . . . . . . . . .. . . . ... . . . . . . .. 11 CHAPTER 4 LIGHT,VENTILATION AND OCCUPANCY LIMITATIONS......13 Section 401 General. . . .. . . . . . . .. . . . . . . . . . . . .. . . . . . . . . 13 402 Light. . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . 13 403 Ventilation .. . .. . . . . . . .. . . .. . . . . . . . . . . . . .. 13 404 Occupancy Limitations . . . . . . . . . . . . . . . . . . . . . 13 CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS ......15 Section 501 General. . ... . . . . . . . .. . ... .. . .... . . . . . . . . . 15 502 Required Facilities.. . .. . . . . . . . ..... . . . . . . .. 15 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® vil VIII 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® CHAPTERI ADMINISTRATION SECTION 101 102.3 Application of other codes.Repairs,additions or alter- GENERAL ations to a structure,or changes of occupancy,shall be done in 101.1 Title.These regulations shall be]mown as the Property accordance with the procedures and provisions of the Interna- Maintenance Code of [NAME OF IIJRISDICPION], hereinafter tional Building Code, International Fuel Gas Code, Interna- referred to as"this code." tional Mechanical Code and the ICC Electrical Code.Nothing in this code shall be construed to cancel,modify or set aside any 101.2 Scope.The provisions of this code shall apply to all provision of the International Zoning Code. existing residential and nonresidential structures and all exist- 102.4 Existing remedies.The provisions in this code shall not ing premises and constitute minimum requirements and stan- be construed to abolish or impair existing remedies of the juris- dards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from diction or its officers or agencies relating to the removal or the elements,life safety,safety from fire and other hazards,and demolition of any structure which is dangerous, unsafe and insanitary.for safe and sanitary maintenance;the responsibility of owners, operators and occupants;the occupancy of existing structures 1025 Worlm►anship.Repairs,maintenance work,alterations and premises,and for administration,enforcement and penal- or installations which are caused directly or indirectly by the ties. enforcement of this code shall be executed and installed in a 101.3 Intent. This code shall be construed to secure its workmanlike manner and installed in accordance with the expressed intent,which is to ensure public health, safety and manufacturer's installation instructions. -welfare-in-so-far-as-they-are-affected-by the continued occu- 102.6 Historic buildings.The provisions of this code shall not pancy and maintenance of structures and premises. Existing be mandatory for existing built gs or straetures-designated-as structures and premises that do not comply with these provi- historic buildings when such buildings or structures are judged sions shall be altered or repaired to provide a minimum level of by the code official to be safe and in the public interest of health and safety as required herein. health,safety and welfare. ~ 101.4 Severability.If a section,subsection,sentence,clause or 102.7 Referenced codes and standards.The codes and stan- phrase of this code is,for any reason,held to be unconstitu- dards referenced in this code shall be those that are listed in tional,such decision shall not affect the validity of the remain- Chapter 8 and considered part of the requirements of this code ing portions of this code. to the prescribed extent of each such reference.Where differ- ences occur between provisions of this code and the referenced standards,the provisions of this code shall apply. 102.8 Requirements not covered by code.Requirements nec- SECTION 102 essary for the strength,stability or proper operation of an exist- APPLICABILITY ing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this 102.1 General.The provisions of this code shall apply to all code,shall be determined by the code official. matters affecting or relating to structures and premises,as set forth in Section 101. Where,in a specific case,different sec- tions of this code specify different requirements, the most SECTION 103 restrictive shall govern. DEPARTMENT OF PROPERTY 102.2 Maintenance. Equipment, systems, devices and safe- MAINTENANCE'INSPECTION guards required by this code or a previous regulation or code 103.1 General. The department of property maintenance under which the structure or premises was constructed,altered inspection is hereby created and the executive official in charge or repaired shall be maintained in good working order. No thereof shall be known as the code official. owner, operator or occupant shall cause any service, facility, 103.2 Appointment.The code official shall be appointed by equipment or utility which is required under this section to be the chief appointing authority of the jurisdiction;and the code removed from or shut off from or discontinued for any occu- official shall not be removed from office except for cause and pied dwelling,except for such temporary interruption as neces- after full opportunity to be heard on specific and relevant sary while repairs or alterations are in progress. The charges by and before the appointing authority. requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems 103.3 Deputies.In accordance with the prescribed procedures and devices in existing structures.Except as otherwise speci- of this jurisdiction and with the concurrence of the appointing fied herein,the owner or the owner's designated agent shall be authority,the code official shall have the authority to appoint a responsible for the maintenance of buildings, structures and deputy code official,other related technical officers,inspectors premises. and other employees. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® ADMINISTRATION 103.4 Liability.The code official,officer or employee charged 104.7 Department records,The code official shall keep offi- with the enforcement of this code,while acting for the jurisdic- cial records of all business and activities of the department tion, shall not thereby be rendered liable personally, and is specified in the provisions of this code.Such records shall be hereby relieved from all personal liability for any damage retained in the official records as long as the building or struc- accruing to persons or property as a result of an act required or ture to which such records relate remains in existence,unless permitted in the discharge of official duties. otherwise provided for by other regulations. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall SECTION 105 be defended by the legal representative of the jurisdiction until APPROVAL the final termination of the proceedings. The code official or 105.1 Modifications.Whenever there are practical difficulties any subordinate shall not be liable for costs in an action,suit or involved in carrying out the provisions of this code,the code proceeding that is instituted in pursuance of the provisions of official shall have the authority to grant modifications for indi- this code;and any officer of the department of property mainte- vidual cases,provided the code official shall first find that spe- nance inspection,acting in good faith and without malice,shall cial individual reason makes the strict letter of this code be free from liability for acts performed under any of its provi- impractical and the modification is in compliance with the sions or by reason of any act or omission in the performance of intent and purpose of this code and that such modification does official duties in connection therewith. not lessen health,life and fire safety requirements.The details 103.5 Fees.The fees for activities and services performed by of action granting modifications shall be recorded and entered the department in c in the department files. p carrying out its responsibilities under this code shall be as indicated in the following schedule. 105.2 Alternative materials,methods and equipment.The [JURISDICTION TO INSERT APPROPRIATE SCHEDULE.] provisions of this code are not intended to prevent the installa- tion of any material or to prohibit any method of construction not specifically prescribed by this code,provided that any such alternative has been approved. An alternative material or SECTION 104 method of construction shall be approved where the code offi- DUTIES AND POWERS OF THE CODE OFFICIAL cial finds that the proposed design is satisfactory and complies 104.1 General.The code official shall enforce the provisions with the intent of the provisions of this code,and that the mate- of this code. Tial, method or work offered is, for the purpose intended, at 104.2 Rule-making authority. The code official shall have least the equivalent of that prescribed in this code in quality, strength,effectiveness,fire resistance,durability and safety. authority as necessary in the interest of public health, safety and general welfare,to adopt and promulgate rules and proce- 105.3 Required testing. Whenever there is insufficient evi- dencedures;to interpret and implement the provisions of this code;to of compliance with the provisions of this code,or evi- secure the intent thereof;and to designate requirements appli- dence that a material or method does not conform to the cable because of local climatic or other conditions.Such rules requirements of this code,or in order to substantiate claims for shall not have the effect of waiving structural or fire perfor- alternative materials or methods,the code official shall have the mance requirements specifically provided for in this code,or of authority to require tests to be made as evidence of compliance violating accepted engineering methods involving public at no expense to the jurisdiction. safety. 105.3.1 Test methods.Test methods shall be as specified in 104.3 Inspections. The code official shall make all of the this code or by other recognized test standards. In the required inspections, or shall accept reports of inspection by absence of recognized and accepted test methods,the code approved agencies or individuals. All reports of such inspec- official shall be permitted to approve appropriate testing tions shall be in writing and be certified by a responsible officer procedures performed by an approved agency. of such approved agency or by the responsible individual.The 105.3.2 Test reports.Reports of tests shall be retained by code official is authorized to engage such expert opinion as the code official for the period required for retention of pub- deemed necessary to report upon unusual technical issues that lic records. arise,subject to the approval of the appointing authority. 105.4 Material and equipment reuse.Materials,equipment 104.4 Right of entry.The code official is authorized to enter and devices shall not be reused unless such elements are in the structure or premises at reasonable times to inspect subject good repair or have been reconditioned and tested when neces- to constitutional restrictions on unreasonable searches and sei- sary, placed in good and proper working condition and zures. If entry i§-refused or not obtained, the code official is approved. authorized to pursue recourse as provided by law. 104.5 Identification.The code official shall cant'proper iden- SECTION 106 tification when inspecting structures or premises in the perfor- VIOLATIONS mance of duties under this code. 106.1 Unlawful acts.It shall be unlawful for a person,firm or 104.6 Notices and orders.The code official shall issue all nec- corporation to be in conflict with or in violation of any of the essary notices or orders to ensure compliance with this code. provisions of this code. 2 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® ADMINISTRATION 106.2 Notice of violation.The code official shall serve a notice 107.3 Method of service.Such notice shall be deemed to be of violation or order in accordance with Section 107. properly served if a copy thereof is: 106.3 Prosecution of violation.Any person failing to comply 1. Delivered personally; with a notice of violation or order served in accordance with 2. Sent by certified or first-class mail-addressed to the last Section 107 shall be deemed guilty of a misdemeanor or civil known address;or infraction as determined by the local municipality,and the vio- lation shall be deemed a strict liability offense.If the notice of 3. If the notice is returned showing-that the letter was not violation is not complied with,the code official shall institute delivered,a copy thereof shall be posted in a conspicu- ousthe appropriate proceeding at law or in equity to restrain,cor- ot place in or about the structure affected by such n rect or abate such violation,or to require the removal or termi- nation of the unlawful occupancy of the structure in violation 107.4 Penalties.Penalties for noncompliance with orders and of the provisions of this code or of the order or direction made notices shall be as set forth in Section 106.4. pursuant thereto. Any action taken by the authority having 1075 Transfer of ownership. It shall be unlawful for the jurisdiction on such premises shall be charged against the real owner of any dwelling unit or structure who has received a estate upon which the structure is located and shall be a lien compliance order or upon whom a notice of violation has been i upon such real estate. j served to sell,transfer,mortgage,lease or otherwise dispose of 106.4 Violation penalties.Any person who shall violate a pro- such dwelling unit or structure to another until the provisions vision of this code,or fail to comply therewith,or with any of of the compliance order or notice of violation have been com- the requirements thereof,shall be prosecuted within the limits plied with,or until such owner shall first furnish the grantee, provided by state or local laws.Each day that a violation con- transferee,mortgagee or lessee a true copy of any compliance tinues after due notice has been served shall be deemed a sepa- order or notice of violation issued by the code official and shall rate offense. furnish to the code official a signed and notarized statement 106.5 Abatement of violation.The imposition of the penalties from the grantee,transferee,mortgagee or lessee;acknowledg- herein prescribed shall not preclude the legal officer of the mg the receipt of such compliance order or notice of violation jurisdiction from instituting appropriate action to restrain,cor- and-fully-accepting-the-responsibility_without_conditionJor rect or abate a violation, or to prevent illegal occupancy of a making the corrections or repairs required by such compliance building, structure or premises,or to stop an illegal act,con- order or notice of violation. duct,business or utilization of the building, structure or pre- mises. SECTION 108 i UNSAFE STRUCTURES AND EQUIPMENT SECTION 107 108.1 General.When a structure or equipment is found by the NOTICES AND ORDERS code official to be unsafe,or when a structure-is found unfit for 107.1 Notice to person responsible.Whenever the code offi- human occupancy,or is found unlawful,such structure shall be cial determines that there has been a violation of this code or condemned pursuant to the provisions of this code. has grounds to believe that a violation has occurred, notice 108.1.1 Unsafe structures.An unsafe structure is one that' shall be given in the manner prescribed in Sections 107.2 and is found to be dangerous to the life, health, property or 107.3 to the person responsible for the violation as specified in safety of the public or the occupants of the structure by not this code. Notices for condemnation procedures shall also providing minimum safeguards to protect or warn occu- comply with Section 108.3. pants in the event of fire,or because such structure contains 107.2 Form.Such notice prescribed in Section 107.1 shall be unsafe equipment or is so damaged, decayed,dilapidated, structurally unsafe or of such faulty construction or unstable in accordance with all of the following: foundation,that partial or complete collapse is possible. 1. Be in writing. 108.1.2 Unsafe equipment. Unsafe equipment includes 2. Include a description of the real estate sufficient for iden- any boiler, heating equipment, elevator, moving stairway, tification. electrical wiring or device,flammable liquid containers or 3. Include a statement of the violation or violations and why other equipment on the premises or within the structure the notice is being issued. which is in such disrepair or condition that such equipment is a hazard to life,health,property or safety of the public or 4. Include a correction order allowing a reasonable time to occupants of the premises or structure. ' make the repairs and improvements required to bring the dwelling unit or structure into compliance with the pro- 108.1.3 Structure unfit for human occupancy.A struc- , i ture is unfit for human occupancy whenever the code offi- visions of this code. 5. Inform the property owner of the right to appeal. cial finds that such structure is unsafe,unlawful or,because � of the degree to which the structure is in disrepair or lacks 6. Include a statement of the right to file a lien in accordance maintenance,is insanitary,vermin or rat infested,contains with Section 106.3. filth and contamination, or lacks ventilation,illumination, 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 3 ADMINISTRATION sanitary or heating facilities or other essential equipment ger to the building occupants or those in the proximity of any required by this code,or because the location of the struc- structure because of explosives,explosive fumes or vapors or ture constitutes a hazard to the occupants of the structure or the presence of toxic fumes,gases or materials,or operation of to the public. defective or dangerous equipment,the code official is hereby 108.1.4 Unlawful structure.An unlawful structure is one authorized and empowered to order and require the occupants found in whole or in part to be occupied by more persons to vacate the premises forthwith.The code official shall cause than permitted under this code, or was erected, altered or to be posted at each entrance'to such structure a notice reading occupied contrary to law. as follows: `"Phis Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official."It shall be unlawful for 108.2 Closing of vacant structures.If the structure is vacant any person to enter such structure except for the purpose of and unfit for human habitation and occupancy, and is not in securing the structure,making the required repairs,removing danger of structural collapse,the code official is authorized to the hazardous condition or of demolishing the same. post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance.Upon 109.2 Temporary safeguards.Notwithstanding other provi- failure of the owner to close up the premises within the time sions of this code,whenever,in the opinion of the code official, specified in the order,the code official shall cause the premises there is imminent danger due to an unsafe condition,the code to be closed and secured through any available public agency official shall order the necessary work to be done,including the or by contract or arrangement by private persons and the cost boarding up of openings,to render such structure temporarily thereof shall be charged against the real estate upon which the safe whether or not the legal procedure herein described has structure is located and shall be a lien upon such real estate and been instituted;and shall cause such other action to be taken as may be collected by any other legal resource. the code official deems necessary to meet such emergency. 108.3 Notice. Whenever the code official has condemned a 1093 Closing streets.When necessary for public safety,the structure or equipment under the provisions of this section, code official shall temporarily close structures and close, or notice shall be posted in a conspicuous place in or about the order the authority having jurisdiction to close, sidewalks, structure affected by such notice and served on the owner or the streets, public ways and places adjacent to unsafe structures, person or persons responsible for the structure or equipment in and prohibit the same from being utilized. accordance with Section 107.3.If the notice pertains to equip- 109.4 Emergency repairs.For the purposes of this section,the ment,it shall also be placed on the condemned equipment.The code official shall employ the necessary labor and materials to notice shall be in the form prescribed in Section 107.2. perform the required work as expeditiously as possible. 108.4 Placarding.Upon failure of the owner or person respon- 109.5 Costs of emergency repairs.Costs incurred in the per- sible to comply with the notice provisions within the time formance of emergency work shall be paid by the jurisdiction. given,the code official shall post on the premises or on defec- The legal counsel of the jurisdiction shall institute appropriate tive equipment a placard bearing the word"Condemned"and a action against the owner of the premises where the unsafe statement of the penalties provided for occupying the premises, structure is or was located for the recovery of such costs. operating the equipment or removing the placard. 109.6 Hearing. Any person ordered to take emergency mea- 108.4.1 Placard removal.The code official shall remove sures shall comply with such order forthwith.Any affected per- the condemnation placard whenever the defect or defects son shall thereafter,upon petition directed to the appeals board, upon which the condemnation and placarding action were be afforded a hearing as described in this code. 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 SECTION 110 this code. DEMOLITION 108.5 Prohibited occupancy. Any occupied structure con- 110.1 General.The code official shall order the owner of any demned and placarded by the code official shall be vacated as premises upon which is located any structure,which in the code ordered by the code official. Any person who shall occupy a official's judgment is so old,dilapidated or has become so out placarded premises or shall operate placarded equipment,and of repair as to be dangerous, unsafe, insanitary or otherwise any owner or any person responsible for the premises who shall unfit for human habitation or occupancy, and such that it is let anyone occupy a placarded premises or operate placarded unreasonable to repair the structure, to demolish and remove equipment shall be liable for the penalties provided by this such structure; or if such structure is capable of being made code. safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option;or where there has SECTION 109 been a cessation of normal construction of any structure for a EMERGENCY MEASURES period of more than two years, to demolish and remove such structure. 109.1 Imminent danger.When,in the opinion of the code offi- cial,there is imminent danger of failure or collapse of a build- with Notices and orders.All notices and orders shall comply w ing or structure which endangers life,or when any structure or with Section 107. part of a structure has fallen and life is endangered by the occu- 110.3 Failure to comply.If the owner of a premises fails to pation of the structure,or when there is actual or potential dan- comply with a demolition order within the time prescribed,the 4 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® ADMINISTRATION code official shall cause the structure to be demolished and 111.3 Notice of meeting.The board shall meet upon notice removed,either through an available public agency or by con- from the chairman,within 20 days of the filing of an appeal,or tract or arrangement with private persons,and the cost of such at stated periodic meetings. demolition and removal shall be charged against the real estate 111.4 Open hearing. All hearings before the board shall be upon which the structure is located and shall be a lien upon such open to the public.The appellant,the appellant's representa- real estate• tive, the code official and any person whose interests are 110.4 Salvage materials. When any structure has been affected shall be given an opportunity to be heard.A quorum ordered demolished and removed,the governing body or other shall consist of not less than two-thirds of the board member- designated officer under said contract or arrangement aforesaid ship. shall have the right to sell the salvage and valuable materials at 111.4.1 Procedure.The board shall adopt and make avail- the highest price obtainable. The net proceeds of such sale, able to the public through the secretary procedures under after deducting the expenses of such demolition and removal, which a hearing will be conducted.The procedures shall not shall be promptly remitted with a report of such sale or transac- require compliance with strict rules of evidence,but shall tion,including the items of expense and the amounts deducted, mandate that only relevant information be received. 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 1115 Postponed hearing.When the full board is not present report shall h state. to hear an appeal,either the appellant or the appellant's repre- sentative shall have the right to request a postponement of the hearing. SECTION 111 111.6 Board decision.The board shall modify or reverse the MEANS OF APPEAL decision of the code official only by a concurring vote of a majority of the total number of appointed board members. 111.1 Application for appeal.Any person directly affected by a decision of the code official or a notice or order issued under 111.6.1 Records and copies. The decision of the board this code shall have the right to appeal to the board of appeals, shall be recorded.Copies shall be furnished to the appellant provrdee that a wri en application-for-appeals-Med-within 20 and to the code official. days after the day the decision,notice or order was served.An 111.6.2 Administration.The code official shall take imme- application for appeal shall be based on a claim that the true diate action in accordance with the decision of the board. intent of this code or the rules legally adopted thereunder have 111.7 Court review. Any person, whether or not a previous been incorrectly interpreted,the provisions of this code do not per,of the appeal,shall have the right to apply to the appropri- fully apply,or the requirements of this code are adequately sat- ate court for a writ of certiorari to correct errors of law.Appli- isfied by other means. cation for review shall be made in the manner and time required 111.2 Membership of board.The board of appeals shall con- by law following the filing of the decision in the office of the sist of a minimum of three members who are qualified by expe- chief administrative officer. rience and training to pass on matters pertaining to property 111.8 Stays of enforcement. Appeals of notice and orders maintenance and who are not employees of the jurisdiction. (other than Imminent Danger notices) shall stay the enforce- The code official shall be an ex-officio member but shall have ment of the notice and order until the appeal is heard by the no vote on any matter before the board. The board shall be appeals board. appointed by the chief appointing authority, and shall serve staggered and overlapping terms. 111.2.1 Alternate members.The chief appointing author- ity shall appoint two or more alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member.Alternate members shall possess the qualifications required for board member- ship. 111.2.2 Chairman.The board shall annually select one of its members to serve as chairman. 111.2.3 Disqualification of member.A member shall not hear an appeal in which that member has a personal,profes- sional or financial interest. 111.2.4 Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the board.The secretary shall file a detailed record of all pro- ceedings in the office of the chief administrative officer. 111.2.5 Compensation of members. Compensation of members shall be determined by law. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 5 6 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® CHAPTER 2 DEFINITIONS SECTION 201 EXTERMINATION.The control and elimination of insects, GENERAL rats or other pests by eliminating their harborage places;by 201.1 Scope.Unless otherwise expressly stated,the following removing or making inaccessible materials that serve as their terms shall,for the purposes of this code,have the meanings food;by poison spraying,fumigating,trapping or by any other shown in this chapter. approved pest elimination methods. 201.2 Interchangeability.Words stated in the present tense GARBAGE.The animal or vegetable waste resulting from the include the future; words stated in the masculine gender handling,preparation,cooking and consumption of food. include the feminine and neuter;the singular number includes GUARD.A building component or a system of building com- the plural and the plural,the singular. ponents located at or near the open sides of elevated walking 2013 Terms defined In other codes.Where terms are not de- surfaces that minimizes the possibility of a fall from the walk- fined in this code and are defined in the International Building mg surface to a lower level. Code,International Fire Code,International Zoning Code,In- HABITABLE SPACE.Space in a structure for living,sleep- ternational Plumbing Code,International Mechanical Code or ing,eating or cooking.Bathrooms,toilet rooms,closets,halls, the ICC Electrical Code,such terms shall have the meanings storage or utility spaces,and similar areas are not considered ascribed to them as stated in those codes. habitable spaces. 201.4 Terms not defined.Where terms are not defined through HOUSEKEEPING UNIT.A room or group of rooms form- the methods authorized by this section,such terms shall have ing a single habitable space equipped and intended to be used ordinarily accepted-meanings such as the context implies. for living,sleeping,cooking and eating which does not contain, 201.5 Parts.Whenever the words"dwelling unit,""dwelling," within such a unit,a toilet,lavatory and bathtubor .shower. "premises," "building," "rooming house," "rooming unit" IMMINENT DANGER.A condition which could cause seri- "housekeeping unit" or "story" are stated in this code, they ous or life-threatening injury or death at any time. shall be construed as though they were followed by the words "or any part thereof." INFESTATION. The presence, within or contiguous to, a structure or premises of insects,rats,vermin or other pests. INOPERABLE MOTOR VEHICLE.A vehicle which can- SECTION 202 not be driven upon the public streets for reason including but GENERAL DEFINITIONS not limited to being unlicensed,wrecked,abandoned,in a state APPROVED.Approved by the code official. of disrepair,or incapable of being moved under its own power. BASEMENT. That portion of a building which is partly or LABELED.Devices, equipment, appliances, or materials to completely below grade. which has been affixed a label,seal,symbol or other identify- BATHROOM.A room containing plumbing fixtures includ- mg mark of a nationally recognized testing laboratory,inspec- ing a bathtub or shower. tion agency or other organization concerned with product evaluation that maintains periodic inspection of the production BEDROOM.Any room or space used or intended to be used of the above-labeled items and by whose label the manufac- for sleeping purposes in either a dwelling or sleeping unit. turer attests to compliance with applicable nationally recog- �, CODE OFFICIAL. The official who is charged with the nized standards. administration and enforcement of this code, or any duly LET FOR OCCUPANCY OR LET.To permit, provide or authorized representative. offer possession or occupancy of a dwelling, dwelling unit, CONDEMN.To adjudge unfit for occupancy. rooming unit,building,premise or structure by a person who is or is not the legal owner of record thereof,pursuant to a written [B] DWELLING UNIT. A single unit providing complete, or unwritten lease, agreement or license, or pursuant to a independent living facilities for one or more persons,including recorded or unrecorded agreement of contract for the sale of permanent provisions for living,sleeping,eating,cooking and land. sanitation. OCCUPANCY.The purpose for which a building or portion EASEMENT. That portion of land or property reserved for thereof is utilized or occupied. present or future use by a person or agency other than the legal fee owner(s)of the property.The easement shall be permitted OCCUPANT.Any individual living or sleeping in a building, to be for use under,on or above a said lot or lots. or having possession of a space within a building. EXTERIOR PROPERTY.The open space on the premises OPENABLE AREA.That part of a window,skylight or door i and on adjoining property under the control of owners or opera- which is available for unobstructed ventilation and which tors of such premises. opens directly to the outdoors. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 7 DEFINITIONS OPERATOR.Any person who has charge,care or control of a structure or premises which is let or offered for occupancy. OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property;or recorded in the official records of the state, county or municipality as holding title to the property;or otherwise having control of the property,including the guardian of the estate of any such per- son,and the executor or administrator of the estate of such per- son if ordered to take possession of real property by a court. PERSON. An individual, corporation, partnership or any other group acting as a unit. PREMISES.A lot,plot or parcel of land,easement or public way,including any structures thereon. PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky,which is deeded, dedicated or otherwise permanently appropriated to the public for public use. ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one-or two-family dwelling. ROOMING UNIT.Any room or group of rooms 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 materi- als,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. [B] 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 crimi- nal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited,or failed to do an act which the defendant was legally required to do. STRUCTURE.That which is built or constructed or a portion thereof. TENANT. A person, corporation, partnership or group, whether or not the legal owner of record,occupying a building or portion thereof as a unit. TOILET ROOM.A room containing a water closet or urinal but not a bathtub or shower. VENTILATION.The natural or mechanical process of sup- plying conditioned or unconditioned air to,or removing such air from,any space. WORKMANLIKE.Executed in a skilled manner;e.g.,gen- erally plumb, level, square, in line, undamaged and without marring adjacent work. YARD.An open space on the same lot with a structure. 8 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® CHAPTER GENERAL REQUIREMENTS SECTION 301 property in violation and cut and destroy the weeds growing GENERAL thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. 301.1 Scope.The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for 302.5 Rodent harborage.All structures and exterior property maintenance of structures,equipment and exterior property. shall be kept free from rodent harborage and infestation.Where rodents are found, they shall be promptly exterminated by 301.2 Responsibility.The owner of the premises shall main- approved processes which will not be injurious to human tain the structures and exterior property in compliance with health.After extermination,proper precautions shall be taken these requirements, except as otherwise provided for in this to eliminate rodent harborage and prevent reinfestation. code.A person shall not occupy as owner-occupant or permit sanitary 302.6 Exhaust vents.Pipes,ducts,conductors,fans or blowers another person to occupy premises which are not in a and safe condition and which do not comply with the require- shall not discharge gases,steam,vapor,hot air,grease,smoke, ments of this chapter. Occupants of a dwelling unit,rooming odors or other gaseous or particulate wastes directly upon abut- unit or housekeeping unit are responsible for keeping in a ting or adjacent public or private property or that of another clean,sanitary and safe condition that part of the dwelling unit, _ tenant. rooming unit, housekeeping unit or premises which they 302.7 Accessory structures.All accessory structures,includ- occupy and control. ing detached garages, fences and walls, shall be maintained 301.3 Vacant structures and land.All vacant structures and structurally sound and in good repair. premises thereof or vacant land shall be maintained in a clean, 302.8 Motor vehicles.Except as provided for in other regula- safe,secure and sanitary condition as provided herein so as not tions, no inoperative or unlicensed motor vehicle shall be to cause a blighting problem or adversely affect the public parked,kept or stored on any premises,and no vehicle shall at health or safety. any time be in a state of major disassembly,disrepair,or i.itxhe process of being stripped or dismantled.Painting of vehiGfes 1$., prohibited unless conducted inside an approved spray booth:;; SECTION 302 EXTERIOR PROPERTY AREAS Exception: A vehicle of any type is permitted to undergf major overhaul, including body work, provided that such 302.1 Sanitation.All exterior property and premises shall be work is performed inside a structure or similarly enclosed maintained in a clean,safe and sanitary condition.The occu- area designed and approved for such purposes. jpant shall keep that part of the,exterior property which such occupant occupies or controls in a clean and sanitary condition. 302.9 Defacement of property.No person shall willfully or wantonly damage, mutilate or deface any exterior surface of 302.2 Grading and drainage. All premises shall be graded any structure or building on any private or public property by and maintained to prevent the erosion of soil and to prevent the placing thereon any marking,carving or graffiti. accumulation of stagnant water thereon,or within any structure located thereon. It shall be the responsibility of the owner to restore said sur- f face to an approved state of maintenance and repair. Exception:Approved retention areas and reservoirs. I 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs,driveways,parking spaces and similar areas shall be kept SECTION 303 i in a proper state of repair,and maintained free from hazardous SWIMMING POOLS,SPAS AND HOT TUBS conditions. 303.1 Swimming pools.Swimming pools shall be maintained 302.4 Weeds.All premises and exterior property shall be main- in a clean and sanitary condition,and in good repair. tained free from weeds or plant growth in excess of(jurisdic- 303.2 Enclosures.Private swimming pools,hot tubs and spas, tion to insert height in inches). All noxious weeds shall be containing water more than 24 inches(610 mm)in depth shall prohibited.Weeds shall be defined as all grasses,annual plants be completely surrounded by a fence or barrier at least 48 and vegetation,other than trees or shrubs provided;however, inches (1219 mm) in height above the finished ground level this term shall not include cultivated flowers and gardens. measured on the side of the barrier away from the pool.Gates Upon failure of the owner or agent having charge of a prop- and doors in such barriers shall be self-closing and self-latch- erty to cut and destroy weeds after service of a notice of viola- ing.Where the self-latching device is less than 54 inches(1372 tion, they shall be subject to prosecution in accordance with mm)above the bottom of the gate,the release mechanism shall Section 106.3 and as prescribed by the authority having juris- be located on the pool side of the gate. Self-closing and self- diction. Upon failure to comply with the notice of violation, latching gates shall be maintained such that the gate will posi- any duly authorized employee of the jurisdiction or contractor lively close and latch when released from an open position of 6 hired by the jurisdiction shall be authorized to enter upon the inches(152 mm)from the gatepost.No existing pool enclosure i 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 9 GENERAL REQUIREMENTS shall be removed,replaced or changed in a manner that reduces 304.9 Overhang extensions.All overhang extensions includ- its effectiveness as a safety barrier. ing,but not limited to canopies,marquees, signs,metal awn- Exception: Spas or hot tubs with a safety cover that com- rags, fire escapes, standpipes and exhaust ducts shall be plies with ASTM F 1346 shall be exempt from the provi- maintained in good repair and be properly anchored so as to be sions of this section. 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-coat- SECTION 304 ing materials,such as paint or similar surface treatment. EXTERIOR STRUCTURE 304.10 Stairways,decks,porches and balconies.Every exte- 304.1 General.The exterior of a structure shall be maintained rior stairway,deck,porch and balcony,and all appurtenances in good repair,structurally sound and sanitary so as not to pose attached thereto, shall be maintained structurally sound, in a threat to the public health,safety or welfare. good repair,with proper anchorage and capable of supporting 304.2 Protective treatment. All exterior surfaces, including the imposed loads. but not limited to,doors,door and window frames, cornices, 304.11 Chimneys and towers.All chimneys,cooling towers, porches,trim,balconies,decks and fences shall be maintained smoke stacks, and similar appurtenances shall be maintained in good condition.Exterior wood surfaces,other than decay- structurally safe and sound, and in good repair. All exposed resistant woods, shall be protected from the elements and surfaces of metal or wood shall be protected from the elements decay by painting or other protective covering or treatment. and against decay or rust by periodic application of weather- Peeling,flaking and chipped paint shall be eliminated and sur- coating materials,such as paint or similar surface treatment. faces repainted.All siding and masonry joints as well as those between the building envelope and the perimeter of windows, 304.12 Handrails and guards.Every handrail and guard shall doors,and skylights shall be maintained weather resistant and be firmly fastened and capable of supporting normally imposed water tight.All metal surfaces subject to rust or corrosion shall loads and shall be maintained in good condition. be coated to inhibit such rust and corrosion and all surfaces 304.13 Window,skylight and door frames.Every window, with rust or corrosion shall be stabilized and coated to inhibit skylight,door and frame shall be kept in sound condition,good future rust and corrosion. Oxidation stains shall be removed repair and weather tight. from exterior surfaces.Surfaces designed for stabilization by oxidation are exempt from this requirement. 304.13.1 Glazing.All glazing materials shall be maintained [F] 304.3 Premises identification. Buildings shall have free from cracks and holes. approved address numbers placed in a position to be plainly 304.13.2 Openable windows.Every window,other than a legible and visible from the street or road fronting the property. fixed window,shall be easily openable and capable of being These numbers shall contrast with their background. Address held in position by window hardware. numbers shall be Arabic numerals or alphabet letters.Numbers shall be a minimum of 4 inches(102 mm)high with a minimum 304.14 Insect screens. During the period from [DATE] to stroke width of 0.5 inch(12.7 mm). [DATE],every door,window and other outside opening required for ventilation of habitable rooms,food preparation areas,food 304A Structural members.All structural members shall be service areas or any areas where products to be included or uti- maintained free from deterioration, and shall be capable of lized in food for human consumption are processed,manufac- safely supporting the imposed dead and live loads. tured, packaged or stored shall be supplied with approved 3045 Foundation walls.All foundation walls shall be main- tightly fitting screens of not less than 16 mesh per inch (16 tained plumb and free from open cracks and breaks and shall be mesh per 25 mm),and every screen door used for insect control I kept in such condition so as to prevent the entry of rodents and shall have a self-closing device in good working condition. other pests. Exception: Screens shall not be required where other 304.6 Exterior walls. All exterior walls shall be free from approved means,such as air curtains or insect repellent fans, holes,breaks, and loose or rotting materials; and maintained are employed. weatherproof and properly surface coated where required to prevent deterioration. 304.15 Doors. All exterior doors, door assemblies and hard- ware shall be maintained in good condition. Locks at all en- 304.7 Roofs and drainage. The roof and flashing shall be trances to dwelling units and sleeping units shall tightly secure sound,tight and not have defects that admit rain.Roof drainage the door.Locks on means of egress doors shall be in accordance shall be adequate to prevent dampness or deterioration in the with Section 702.3. walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free 304.16 Basement hatchways.Every basement hatchway shall from obstructions.Roof water shall not be discharged in a man- be maintained to prevent the entrance of rodents,rain and Bur- ner that creates a public nuisance. face drainage water. 304.8 Decorative features.All cornices,belt courses,corbels, 304.17 Guards for basement windows.Every basement win- terra cotta trim, wall facings and similar decorative features dow that is openable shall be supplied with rodent shields, shall be maintained in good repair with proper anchorage and storm windows or other approved protection against the entry in a safe condition. of rodents. 10 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® GENERAL REOUIREMENTS if 304.18 Building security.Doors,windows or hatchways for SECTION 306 dwelling units,room units or housekeeping units shall be pro- HANDRAILS AND GUARDRAILS vided with devices designed to provide security for the occu- 306.1 General.Every exterior and interior flight of stairs hav- pants and property within. ing more than four risers shall have a handrail on one side of the 304.18.1 Doors.Doors providing access to a dwelling unit, stair and every open portion of a stair,landing,balcony,porch, rooming unit or housekeeping unit that is rented,leased or deck, ramp or other walking surface which is more than 30 let shall be equipped with a deadbolt lock designed to be inches (762 mm) above the floor or grade below shall have readily openable from the side from which egress is to be guards.Handrails shall not be less than 30 inches (762 mm) made without the need for keys,special knowledge or effort high or more than 42 inches(1067 mm)high measured verti- and shall have a lock throw of not less than 1 inch(25 mm). cally above the nosing of the tread or above the finished floor of Such deadbolt locks shall be installed according to the man- the landing or walking surfaces.Guards shall not be less than ufacturer's specifications and maintained in good working 30 inches(762 mm)high above the floor of the landing,bal- order.For the purpose of this section,a sliding bolt shall not cony,porch,deck,or ramp or other walking surface. be considered an acceptable deadbolt lock. Exception: Guards shall not be required where exempted 304.18.2 Windows.Operable windows located in whole or by the adopted building code. in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling 07 unit, rooming unit or housekeeping unit that is rented, SECTION _ leased or let shall be equipped with a window sash locking RUBBISH AND GARBAGE device. _ -- 307:1 Accumulation of rubbish-or-garbage. All exterior -- 304.18.3 Basement hatchways.Basement hatchways that property and premises,and the interior of every structure,shall provide access to a dwelling unit,rooming unit or house- be free from any accumulation of rubbish or garbage. keeping unit that is rented,leased or let shall be equipped 307,2 Disposal of rubbish.Every occupant of a structure shall with devices that secure the units from unauthorized entry. dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. SECTION 305 307.2.1 Rubbish storage facilities. The owner of every INTERIOR STRUCTURE occupied premises shall supply approved covered contain- ers for rubbish, and the owner of the premises shall be 305.1 General. The interior of a structure and equipment responsible for the removal of rubbish. therein shall be maintained in good repair,structurally sound 307.2.2 Refrigerators. Refrigerators and similar equip- and in a sanitary condition. Occupants shall keep that part of ment not in operation shall not be discarded,abandoned or the structure which they occupy or control in a clean and sani- stored on premises without fust removing the doors. tary condition.Every owner of a structure containing a room- ing house, housekeeping units, a hotel, a dormitory, two or 307.3 Disposal of garbage.Every occupant of a structure shall more dwelling units or two or more nonresidential occupan- dispose of garbage in a clean and sanitary manner by placing cies, shall maintain, in a clean and sanitary condition, the such garbage in an approved garbage disposal facility or shared or public areas of the structure and exterior property. approved garbage containers. 305.2 Structural members. All structural members shall be 307.3.1 Garbage facilities.The owner of every dwelling maintained structurally sound, and be capable of supporting shall supply one of the following: an approved mechanical the imposed loads. food waste grinder in each dwelling unit;an approved incin- 1I 305.3 Interior surfaces.All interior surfaces,including win- erator unit in the structure available to the occupants in each doves and doors,shall be maintained in good,clean and sanitary dwelling unit; or an approved leakproof, covered, outside condition.Peeling,chipping,flaking or abraded paint shall be garbage container. repaired, removed or covered. Cracked or loose plaster, 307.3.2 Containers.The operator of every establishment decayed wood and other defective surface conditions shall be producing garbage shall provide,and at all times cause to be corrected. utilized, approved leakproof containers provided with 305.4 Stairs and walling surfaces.Every stair,ramp,landing, close-fitting covers for the storage of such materials until balcony,porch, deck or other walking surface shall be main- removed from the premises for disposal. tained in sound condition and good repair. i 305.5 Handrails and guards.Every handrail and guard shall SECTION 308 be firmly fastened and capable of supporting normally imposed EXTERMINATION loads and shall be maintained in good condition. 308.1 Infestation.All structures shall be kept free from insect 305.6 Interior doors.Every interior door shall fit reasonably and rodent infestation. All structures in which insects or well within its frame and shall be capable of being opened and rodents are found shall be promptly exterminated by approved closed by being properly and securely attached to jambs,head- processes that will not be injurious to human health. After ers or tracks as intended by the manufacturer of the attachment extermination, proper precautions shall be taken to prevent hardware. reinfestation. i 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 11 GENERAL REQUIREMENTS 308.2 Owner.The owner of any structure shall be responsible for extermination within the structure prior to renting or leas- ing the structure. 308.3 Single occupant.The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsi- ble for extermination on the premises. 308.4 Multiple occupancy.The owner of a structure contain- ing two or more dwelling units,a multiple occupancy,a room- ing 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 occu- pant to prevent such infestation in the area occupied,the occu- pant shall be responsible for extermination. 308.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure. Exception:Where the infestations are caused by defects in the structure,the owner shall be responsible for extermina- tion. i i I I i I i 12 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS SECTION 401 SECTION 403 GENERAL VENTILATION 401.1 Scope.The provisions of this chapter shall govern the 403.1 Habitable spaces.Every habitable space shall have at minimum conditions and standards for light, ventilation and least one openable window.The total openable area of the win- space for occupying a structure. dow in every room shall be equal to at least 45 percent of the 401.2 Responsibility.The owner of the structure shall provide minimum glazed area required in Section 402.1. and maintain light,ventilation and space conditions in compli- Exception:Where rooms and spaces without openings to ance with these requirements. A person shall not occupy as the outdoors are ventilated through an adjoining room,the owner-occupant,or permit another person to occupy,any pre- unobstructed opening to the adjoining room shall be at least mises that do not comply with the requirements of this chapter. 8 percent of the floor area of the interior room or space,but 4013 Alternative devices. In lieu of the means for natural not less than 25 square feet(2.33 m2).The ventilation open- light and ventilation-herein-prescribed, artificial light or jags the outdoors shall be based on a total floor area being g-- ventill ated:�T mechanical ventilation complying with the International Building Code shall be permitted. 403.2 Bathrooms and toilet rooms.Every bathroom and toi- let room shall comply with the ventilation requirements for habitable spaces as required by Section 403.1, except that a SECTION 402 window shall not be required in such spaces equipped with a LIGHT mechanical ventilation system.Air exhausted by a mechanical 402.1 Habitable spaces.Every habitable space shall have at ventilation system from a bathroom or toilet room shall dis- least one window of approved size facing directly to the out- charge to the outdoors and shall not be recirculated. doors or to a court.The minimum total glazed area for every 4033 Cooking facilities.Unless approved through the certifi- habitable space shall be 8 percent of the floor area of such cate of occupancy,cooking shall not be permitted in any room- room. Wherever walls or other portions of a structure face a ing unit or dormitory unit,and a cooking facility or appliance window of any room and such obstructions are located less shall not be permitted to be present in the rooming unit or dor- than 3 feet(914 mm)from the window and extend to a level mitory unit. 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 Exceptions: not be included as contributing to the required minimum total 1. Where specifically approved in writing by the code window area for the room. official. Exception:Where natural light for rooms or spaces without 2. Devices such as coffee pots and microwave ovens I exterior glazing areas is provided through an adjoining shall not be considered cooking appliances. room,the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or 403.4 Process ventilation.Where injurious,toxic,irritating or space,but not less than 25 square feet(2.33 m2).The exte- noxious fumes, gases, dusts or mists are generated, a local rior glazing area shall be based on the total floor area being exhaust ventilation system shall be provided to remove the con- served. taminating agent at the source. Air shall be exhausted to the 402.2 Common halls and stairways.Every common hall and exterior and not be recirculated to any space. stairway in residential occupancies,other than in one-and two- 403.5 Clothes dryer exhaust.Clothes dryer exhaust systems family dwellings,shall be lighted at all times with at least a 60- shall be independent of all other systems and shall be exhausted watt standard incandescent light bulb for each 200 square feet in accordance with the manufacturer's instructions. (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 SECTION 404 egress,including exterior means of egress, stairways shall be OCCUPANCY LIMITATIONS illuminated at all times the building space served by the means of egress is occupied with a minimum of 1 footcandle(1 l lux) 404.1 Privacy.Dwelling units,hotel units,housekeeping units, at floors,landings and treads. rooming units and dormitory units shall be arranged to provide 4023 Other spaces. All other spaces shall be provided with privacy and be separate from other adjoining spaces. natural or artificial light sufficient to permit the maintenance of 404.2 Minimum room widths.A habitable room,other than a sanitary conditions, and the safe occupancy of the space and kitchen, shall not be less than 7 feet(2134 mm) in any plan utilization of the appliances,equipment and fixtures. dimension.Kitchens shall have a clear passageway of not less 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 13 CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS SECTION 501 503.3 Location of employee toilet facilities.Toilet facilities GENERAL shall have access from within the employees' working area. The required toilet facilities shall be located not more than one 501.1 Scope.The provisions of this chapter shall govern the story above or below the employees'working area and the path minimum plumbing systems,facilities and plumbing fixtures of travel to such facilities shall not exceed a distance of 500 feet to be provided. (152 m).Employee facilities shall either be separate facilities 501.2 Responsibility.The owner of the structure shall provide or combined employee and public facilities. and maintain such plumbing facilities and plumbing fixtures in Exception: Facilities that are required for employees in compliance with these requirements.A person shall not occupy storage structures or kiosks,which are located in adjacent as owner-occupant or permit another person to occupy any structures under the same ownership,lease or control,shall structure or premises which does not comply with the require- not exceed a travel distance of 500 feet(152 m) from the ments of this chapter. employees'regular working area to the facilities. 503.4 Floor surface.In other than dwelling units,every toilet [P]SECTION 502 room floor shall be maintained to be a smooth, hard, REQUIRED FACILITIES nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. 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 condi- [P]SECTION 504 tion.The lavatory shall be placed in the same room as the water PLUMBING SYSTEMS AND FIXTURES closet or located in close proximity to the door leading directly 504.1 General. All plumbing fixtures shall be properly into the room in which such water closet is located.A kitchen installed and maintained in working order, and shall be kept sink shall not be used as a substitute for the required lavatory. free from obstructions,leaks and defects and be capable of per- 502.2 Rooming houses.At least one water closet,lavatory and forming the function for which such plumbing fixtures are bathtub or shower shall be supplied for each four rooming designed.All plumbing fixtures shall be maintained in a safe, its. sanitary and functional condition. 502.3 Hotels.Where private water closets,lavatories and baths 504.2 Fixture clearances.Plumbing fixtures shall have ade- are not provided,one water closet,one lavatory and one bath- quate clearances for usage and cleaning. tub or shower having access from a public hallway shall be pro- 504.3 Plumbing system hazards. Where it is found that a vided for each ten occupants. plumbing system in a structure constitutes a hazard to the occu- 502.4 Employees'facilities.A minimum of one water closet, Pants or the structure by reason of inadequate service,inade- one lavatory and one drinking facility shall be available to quate venting, cross connection, backsiphonage, improper employees. installation,deterioration or damage or for similar reasons,the code official shall require the defects to be corrected to elimi- 502.4.1 Drinking facilities. Drinking facilities shall be a nate the hazard. drinking fountain,water cooler,bottled water cooler or dis- posable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms. SECTION 505 WATER SYSTEM [P]SECTION 503 505.1 General.Every sink,lavatory,bathtub or shower,drink- TOILET ROOMS ing fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an 503.1 Privacy.Toilet rooms and bathrooms shall provide pri- approved private water system. All kitchen sinks, lavatories, vacy and shall not constitute the only passageway to a hall or laundry facilities,bathtubs and showers shall be supplied with other space, or to the exterior. A door and interior locking hot or tempered and cold running water in accordance with the device shall be provided for all common or shared bathrooms International Plumbing Code. and toilet rooms in a multiple dwelling. [P] 505.2 Contamination. The water supply shall be main- 503.2 Location. Toilet rooms and bathrooms serving hotel tained free from contamination,and all water inlets for plumb- units,rooming units or dormitory units or housekeeping units, ing fixtures shall be located above the flood-level rim of the shall have access by traversing not more than one flight of stairs fixture.Shampoo basin faucets,janitor sink faucets and other and shall have access from a common hall or passageway. hose bibs or faucets to which hoses are attached and left in 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® is CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION 601 Exceptions: GENERAL 1. Processing, storage and operation areas that require 601.1 Scope.The provisions of this chapter shall govern the cooling or special temperature conditions. minimum mechanical and electrical facilities and equipment to 2. Areas in which persons are primarily engaged in vig- be provided. orous physical activities. 601.2 Responsibility.The owner of the structure shall provide 6025 Room temperature measurement.The required room and maintain mechanical and electrical facilities and equip- temperatures shall be measured 3 feet (914 mm) above the ment in compliance with these requirements. A person shall floor near the center of the room and 2 feet(610 mm)inward not occupy as owner-occupant or permit another person to from the center of each exterior wall. occupy any premises which does not comply with the require- ments of this chapter. SECTION 603 SECTION 602 - — MECHANICAL EQUIPMENT HEATING FACILITIES 603.1 Mechanical appliances. All mechanical appliances, 602.1 Facilities required.Heating facilities shall be provided fireplaces, solid fuel-burning appliances,cooking appliances in structures as required by this section. and water heating appliances shall be properly installed and maintained in a safe working condition,and shall be capable of 602.2 Residential occupancies.Dwellings shall be provided performing the intended function. with heating facilities capable of maintaining a room tempera- 603.2 Removal of combustion products. All fuel-burning ture of 68°F(20°C)in all habitable rooms,bathrooms and toilet equipment and appliances shall be connected to an approved rooms based on the winter outdoor design temperature for the chimney or vent. locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used to provide space Exception:Fuel-burning equipment and appliances which heating to meet the requirements of this section. are labeled for unvented operation. Exception: In areas where the average monthly tempera- 603.3 Clearances. All required clearances to combustible ture is above 30°F(-1°C),a minimum temperature of 65°F materials shall be maintained. (18°C)shall be maintained. 603.4 Safety controls. All safety controls for fuel-burning 6023 Heat supply.Every owner and operator of any building equipment shall be maintained in effective operation. who rents,leases or lets one or more dwelling units or sleeping 603.5 Combustion air.A supply of air for complete combus- units on terms,either expressed or implied,to furnish heat to tion of the fuel and for ventilation of the space containing the the occupants thereof shall supply heat during the period from fuel-burning equipment shall be provided for the fuel-burning [DATE]to[DATE]to maintain a temperature of not less than 68°F equipment. (20°C)in all habitable rooms,bathrooms,and toilet rooms. Exceptions: 603.6 Energy conservation devices. Devices intended to p reduce fuel consumption by attachment to a fuel-burning appli- 1. When the outdoor temperature is below the winter ance,to the fuel supply line thereto,or to the vent outlet or vent outdoor design temperature for the locality,mainte- piping therefrom,shall not be installed unless labeled for such nance of the minimum room temperature shall not be purpose and the installation is specifically approved. 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 SECTION 604 Appendix D of the International Plumbing Code. ELECTRICAL FACILITIES 2. In areas where the average monthly temperature is 604.1 Facilities required. Every occupied building shall be above 30°F(-1°C) a minimum temperature of 65°F provided with an electrical system in compliance with the (18°C)shall be maintained. requirements of this section and Section 605. 602.4 Occupiable work spaces. Indoor occupiable work 604.2 Service.The size and usage of appliances and equipment spaces shall be supplied with heat during the period from shall serve as a basis for determining the need for additional [DATE]to[DATE]to maintain a temperature of not less than 65°F facilities in accordance with the ICC Electrical Code.Dwelling (18°C)during the period the spaces are occupied. units shall be served by a three-wire, 120/240 volt, single- 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 17 CHAPTER 7 FIRE SAFETY REQUIREMENTS SECTION 701 Fire doors and smoke barrier doors shall not be blocked or GENERAL obstructed or otherwise made inoperable. 701.1 Scope.The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to [F]SECTION 704 structures and exterior premises,including fire safety facilities FIRE PROTECTION SYSTEMS and equipment to be provided. 704.1 General.All systems,devices and equipment to detect a 701.2 Responsibility.The owner of the premises shall provide fire,actuate an alarm,or suppress or control a fire or any com- and maintain such fire safety facilities and equipment in com- bination thereof shall be maintained in an operable condition at pliance with these requirements.A person shall not occupy as all times in accordance with the International Fire Code. owner-occupant or permit another person to occupy any pre- mises that do not comply with the requirements of this chapter. 704.2 Smoke alarms.Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2,R-3,R-4 and in dwellings not regulated in Group R occupancies,regardless [F]SECTION 702 of occupant load at all of the following locations: MEANS OF EGRESS 1. On the ceiling or wall outside of each separate sleeping 702.1 General.A safe, continuous and unobstructed path of area in the immediate vicinity of bedrooms. travel shall be provided from any point in a building or structure 2. In each room used for sleeping purposes. to the public way.Means of egress shall comply with the Inter- 3. In each story within a dwelling unit,including basements national Fire Code. and cellars but not including crawl spaces and uninhabit- 702.2 Aisles.The required width of aisles in accordance with able attics.In dwellings or dwelling units with split lev- the International Fire Code shall be unobstructed. els and without an intervening door between the adjacent 702.3 Locked doors.All means of egress doors shall be readily levels, a smoke alarm installed on the upper level shall openable from the side from which egress is to be made without suffice for the adjacent lower level provided that the the need for keys,special knowledge or effort,except where the lower level is less than one full story below the upper door hardware conforms to that permitted by the International level. Building Code. Single or multiple-station smoke alarms shall be installed in 702.4 Emergency escape openings. Required emergency other groups in accordance with the International Fire Code. escape openings shall be maintained in accordance with the 704.3 Power source.In Group R occupancies and in dwellings code in effect at the time of construction, and the following. not regulated as Group R occupancies, single-station smoke Required emergency escape and rescue openings shall be oper- alarms shall receive their primary power from the building wir- ational from the inside of the room without the use of keys or ing provided that such wiring is served from a commercial tools.Bars,grilles,grates or similar devices are permitted to be source and shall be equipped with a battery backup. Smoke placed over emergency escape and rescue openings provided alarms shall emit a signal when the batteries are low.Wiring the minimum net clear opening size complies with the code that shall be permanent and without a disconnecting switch other was in effect at the time of construction and such devices shall than as required for overcurrent protection. be releasable or removable from the inside without the use of a Exception:Smoke alarms are permitted to be solely battery key,tool or force greater than that which is required for normal operated in buildings where no construction is taking place, operation of the escape and rescue opening. buildings that are not served from a commercial power source and in existing areas of buildings undergoing alter- [F]SECTION 703 ations or repairs that do not result in the removal of interior FIRE-RESISTANCE RATINGS wall or ceiling finishes exposing the structure,unless there is an attic,crawl space or basement available which could 703.1 Fire-resistance-rated assemblies. The required fire- provide access for building wiring without the removal of resistance rating of fire-resistance-rated walls,fire stops,shaft interior finishes. enclosures,partitions and floors shall be maintained. 704.4 Interconnection.Where more than one smoke alarm is 703.2 Opening protectives. Required opening protectives required to be installed within an individual dwelling unit in shall be maintained in an operative condition. All fire and Group R-2,R-3,R-4 and in dwellings not regulated as Group R smokestop doors shall be maintained in operable condition. occupancies,the smoke alarms shall be interconnected in such 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 19 CHAPTER 8 REFERENCED STANDARDS This chapter lists the standards that are referenced in various sections of this document.The standards are listed herein by the pro- mulgating agency of the standard,the standard identification,the effective date and title and the section or sections of this document that reference the standard.The application of the referenced standards shall be as specified in Section 102.7. American Society of Mechanical Engineers A SME Three Park Avenue New York,NY 10016-5990 Standard Referenced reference in code number Title section number A17.1-2004 Safety Code for Elevators and Escalators with A17.la—2005 Addenda and A17.15 Supplement 2005..............606.1 ASTM International A lel m�/( 100 Barr Harbor Drive i West Conshohocken,PA 19428-2959 Standard Referenced reference in code number Title section number F1346-91(2003) Performance Specifications for Safety Covers and Labeling Requirements for All Covers for Swimming Pools,Spas and Hot Tubs..............................................................303.2 International Code Council 500 New Jersey Avenue,NW ICC 6th Floor Washington,D.C.20001 Standard Referenced reference in code number Title section number ICC EC-06 ICC Electrical Code®—Administrative Provisions .................................................201.3,604.2 IBC-06 International Building Code®........................................................102.3,201.3,401.3,702.3 IFC-06 International Fire Code® ......................................................201.3,702.1,702.2,704.1,704.2 IFGC-06 International Fuel Gas Code®.........................................................................102.3 IMC-06 International Mechanical Code®.................................................................102.3,201.3 IPC-06 International Plumbing Code® .......................................................201.3,505.1,602.2,602.3 IZC-06 International Zoning Code® ....................................................................102.3,201.3 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 21 INDEX A Alternative materials, methods and ACCEPTED ENGINEERING METHODS. . . . . . . 104.2 equipment . . . . . . . . . . . . . . . . . . . . . . . . .105.2 ACCESS Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . .202 Egress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .702 Energy conservation devices . . . . . . . . . . . .603.6 Fireplaces. . . . . . . . . . . . . . . . . . . . . . . . . . .603.1 From bedrooms . . . . . . . . . . . . . . . . . . . . .404.4.2 Garbage storage facilities . . . . . . . . . . . . .307.3.1 Plumbing fixtures, access for cleaning. . . . .504.2 Modifications. . .105.1 To public way . . . . . . . . . . . . . . . . . . . . . . . .702.1 Used materials and equipment. . . . . . . . . . . 105.4 Toilet room as passageway . . . . . . . . . . . . .503.1 Water closet. . . . . . . . . . . . . . . . . . . . . . . .404.4.3 ARCHITECTURAL ADJACENT Structural members . . . . . . . . . . . . . . . . . . .304.4 Privacy(hotel units, rooming units) . . . . . . .404.1 Trim. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .304.8ARTIFICIAL ADMINISTRATION Lighting of habitable rooms . . . . . . . . . . . . .401.3 Scope . 101.2 Lighting of other spaces . . . . . . . . . . . . . . . .402.3 AGENT(See also OPERATOR) . . . . . . . . . . . . . . .202 (See OWNER) AUTOMOBILE AIR Motor vehicles. . . . . . . . . . . . . . . . . . . . . . . .302.8 Combustion air . . . . . . . . . . . . . . . . . . . . . . .603.5 AWNING AISLES Signs, marquees and awnings . . . . . . . . . . .304.9 Minimum width . . . . . . . . . . . . . . . . . . . . . . .702.2 ALTERATION B Applicability of other codes. . . . . . . . . . . . . .102.3 BALCONY Condemnation. . . . . . . . . . . . . . . . . .108.1, 108.2 Handrails and guardrails . . . . . . . . . . . . . . . 306.1 Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . .104.3 BASEMENT Prosecution. . . . . . . . . . . . . . . . . . . . . . . . . .106.3 Definition .202 Unlawful acts . . . . . . . . . . . . . . . . . . . . . . . .106.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . ANCHOR Hatchways . . . . . . . . . . . . . . . . . . . . . . . . .304.16 Windows. . . . . . . . . . . . . . . . . . . . . . . . . . .304.17 Architectural trim. . . . . . . . . . . . . . . . . . . . . '304.8 BATHROOM Signs, marquees and awnings . . . . . . . . . . .304.9 Common bathrooms . . . . . . . . . . . . .502.3, 503.1 APPEAL Hotels . .502.3 Application . . . . . . . . . . . . . . . . . . . . . . . . . .111.1 Lighting. . . . . . . . . . . . . . . . . . . . . . . . . . . 605.3 Board decision . . . . . . . . . . . . . . . . . . . . . . .111.6 Locks. . 503.1 Board of appeals. . . . . . . . . . . . . . . . . . . . . .111.2 Outlets required605.2 Court review . . . . . . . . . . . . . . . . . . . . . . .111.7 Privacy . . . . . . . . . . . . . . . . . . . . . .503.1 Disqualification. . . . . . . . . . . . . . . . . . . . . .111.2.3 Ventilation . .403.2 Financial interest . . . . . . . . . . . . . . . . .111.2.3 BATHTUB Hearing, emergency orders . . . . . . . . . . . . . 109.6 Membership . . . . . . . . . . . . . . . . . . . . . . . . .111.2 Required facilities . . . . . . . . . . . . . . . . . . . . .502.1 Notice of appeal . . . . . . . . . . . . . . . . . . . . . .111.1 Rooming houses. . . . . . . . . . . . . . . . . . . . . .502.2 Postponed hearing . . . . . . . . . . . . . . . . . . . .111.5 Sewage system . . . . . . . . . . . . . . . . . . . . . .506.1 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . .104.7 Water heating facilities . . . . . . . . . . . . . . . . .505.4 Right to appeal . . . . . . . . . . . . . . . . . . . . . . .111.1 Water system . . . . . . . . . . . . . . . . . . . . . . . .505.1 Vote. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111.6 BEDROOM APPLIANCE Room area. . . . . . . . . . . . . . . . . . . . . . . . .404.4.1 Cooking . . . . . . . . . . . . . . . . . . . . . . .403.3, 602.2 BOILER Heating . . . . . . . . . . . . . . . . . . . . . . .602.2; 603.1 Unsafe equipment . . . . . . . . . . . . . . . . . . . 108.1.2 Mechanical . . . . . . . . . . . . . . . . . . . . . . . . . .603.1 APPLICATION C Other codes . . . . . . . . . . . . . . . . . . . . . . . . .102.3 APPROVAL CAPACITY Alternatives. . . . . . . . . . . . . . . . . . . . . . . . . .105.2 Heating facilities . . . . . . . . . . .602.2, 602.3, 602.4 Authority. . . . . . . . . . . . . . . . . . . . . . .104.1, 105.2 CAR (See AUTOMOBILE) Modifications. . . . . . . . . . . . . . . . . . . . . . . . .105.1 CEILING APPROVED Basement rooms. . . . . . . . . . . . . . . . . . . . . .404.3 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 23 INDEX Failure to comply. . . . . . . . . . . . . . . . . . . . . .110.3 Facilities required . . . . . . . . . . . . . . . . . . . . .604.1 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .110 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . .601.1 Order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .110.2 Hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . .604.3 Salvage materials. . . . . . . . . . . . . . . . . . . . .110.4 Installation. . . . . . . . . . . . . . . . . . . . . . . . . . .605.1 Violations . . . . . . . . . . . . . . . . . . . . . . . . . . .110.3 Luminaires . . . . . . . . . . . . . . . . . . . . . . . . . .605.3 DETECTORS Receptacles. . . . . . . . . . . . . . . . . . . .604.3, 605.2 Smoke . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .704 Responsibility . . . . . . . . . . . . . . . . . . . . . . . .601.2 DETERIORATION Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . .604.2 Exterior walls . . . . . . . . . . . . . . . . . . . . . . . .304.6 ELEVATOR DIRECT Condemnation . . . . . . . . . . . . . . . . . . . . . . .108.1 Egress. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .702.1 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . .606.1 DISPOSAL Maintenance . . . . . . . . . . . . . . . . . . .606.1,606.2 Disposal of garbage . . . . . . . . . . . . . . . . . . .307.3 EMERGENCY Disposal of rubbish. . . . . . . . . . . . . . . . . . . .307.2 Emergency measures . . . . . . . . . . . . . . . . . . .109 DOOR Emergency orders . . . . . . . . . . . . . . . . . . . .109.1 Exit doors . . . . . . . . . . . . . . . . . . . . . . . . . . .702.3 Escape . . . . . . . . . . . . . . . . . . . . . . . . . . . . .702.4 Fire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .703.2 ENFORCEMENT Hardware . . . . . . . . . . . . . . . . . . . . . . . . . .304.15 Duties and powers. . . . . . . . . . . . . . . . . . . . . .104 _- Insect-screens. . . . . . . . ... . . . . . . . . . . . . .304.14 . Scope . . . . . . . . . . . . . . . . . . _ 101.2 Interior surfaces . . . . . . . . . . . . . . . . . . . . . .305.3 EQUIPMENT Locks . . . . . . . . . . . . . . . . . . . . . . . .304.15,702.3 Alternative. . . . . . . . . . . . . . . . . . . . . . . . . . .105.2 Maintenance . . . . . . . . . . . . . . . . .304.13,304.15 Combustion air . . . . . . . . . . . . . . . . . . . . . . .603.5 Weather tight. . . . . . . . . . . . . . . . . . . . . . . .304.13 Condemnation . . . . . . . . . . . . . . . .108.1.2, 108.3 Window and door frames . . . . . . . . . . . . . .304.13 Electrical installation. . . . . . . . . . . . . . . . . . .605.1 DORMITORY(ROOMING HOUSE,HOTEL,MOTEL) Emergency order . . . . . . . . . . . . . . . . . . . . .109.1 Locked doors . . . . . . . . . . . . . . . . . . . . . . . .702.3 Energy conservation devices . . . . . . . . . . . .603.6 Privacy. . . . . . . . . . . . . . . . . . . . . . . .503.1, 503.2 Fire safety requirements, responsibility . . . .701.2 DRAIN, DRAINAGE Flue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .603.2 Basement hatchways . . . . . . . . . . . . . . . . .304.16 Installation. . . . . . . . . . . . . . . . . . . . . . . . . . .603.1 Plumbing connections . . . . . . . . . . . . . . . . . . .506 Interior structure . . . . . . . . . . . . . . . . . . . . . .305.1 Storm drainage . . . . . . . . . . . . . . . . . . . . . . . .507 Placarding . . . . . . . . . . . . . . . . . . . . .108.3, 108.4 Prohibited occupancy. . . . . . . . . . . . . . . . . .108.5 DUCT EResponsibility . . . . . . . . . . . . . . . . . . . . . . . .601.2 Exhaust duct. . . . . . . . . . . . . . . . . . . . . . . . .304.9 Safety controls . . . . . . . . . . . . . . . . . . . . . . .603.4 DUST Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.2 Process ventilation . . . . . . . . . . . . . . . . . . . .403.4 Scope, mechanical and electrical. . . . . . . . .601.1 DWELLING Unsafe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108 Cleanliness . . . . . . . . . . . . . . . . . . . .305.1, 307.1 Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105.4 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . .202 EXHAUST Electrical. . . . . . . . . . . . . . . . . . . . . . . . . . . .604.1 Clothes dryer . . . . . . . . . . . . . . . . . . . . . . . .403.5 Heating facilities. . . . . . . . . . . . . . . . . . . . . . . .602 Exhaust ducts. . . . . . . . . . . . . . . . . . . . . . . .304.9 Required facilities . . . . . . . . . . . . . . . . . . . . . .502 Process ventilation . . . . . . . . . . . . . . . . . . . .403.4 EXISTING E Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . .102.4 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.2 EASEMENT Structural members . . . . . . . . . . . . . . . . . . .304.4 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . .202 Structures . . . . . . . . . . . . . . . . . . . . . . . . . . .101.3 EGRESS EXTERIOR Aisles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .702.2 Decorative features. . . . . . . . . . . . . . . . . . . .304.8 Emergency escape. . . . . . . . . . . . . . . . . . . .702.4 Egress. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .702.1 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . .702.1 Exterior structure. . . . . . . . . . . . . . . . . . . . . . .304 Lighting. . . . . . . . . . . . . . . . . . . . . . . . . . . . .402.2 Exterior walls . . . . . . . . . . . . . . . . . . . . . . . .304.6 Locked doors . . . . . . . . . . . . . . . . . . . . . . . .702.3 Painting . . . . . . . . . . . . . . . . . . . . . . .304.2,304.6 Obstructions prohibited. . . . . . . . . . . . . . . . .702.1 Rodent harborage . . . . . . . . . . . . . . .302.5, 304.5 Stairs, porches and Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . .304.1 railings . . . . . . . . . .304.10, 305.4, 305.5, 306.1 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .301.1 ELECTRIC,ELECTRICAL Stair. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .304.10 Condemnation . . . . . . . . . . . . . . . . . . . . . . .108.1 Street numbers. . . . . . . . . . . . . . . . . . . . . . .304.3 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 25 INDEX INSPECTOR Responsibility . . . . . . . . . . . . . . . . . . . ... .. .401.2 Identification . . . . . . . . . . . . . . . . . . . . . . . . .104.5 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.2 Inspections . . . . . . . . . . . . . . . . . . . . . . . . . .104.3 Toilet rooms . . . . . . . . . . . . . . . . . . . . . . . . .605.3 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . .104.7 LIVING ROOM INTENT Room area. . . . . . . . . . . . . . . . . . . . .404.4.1 Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.3 LOAD,LOADING Rule-making authority. . . . . . . . . . . . . . . . . .104.2 Elevators, escalators and dumbwaiters . . . .606.1 INTERIOR g Handrails and wards . . . . . . . . . ..304.12,305.5 Interior structure . . . . . . . . . . . . . . . . . . . . . . .305 lave load . . . . . . . . . . . . . . . . . . . . . .304.4,305.2 Interior surfaces . . . . . . . . . . . . . . . . . . . . . .305.3 Stairs and porches. . . . . . . . . . . . . .304.10,305.2 Means of egress . . . . . . . . . . . . . . . . . . . . . . .702 Structural members. . . . . . . . . . . . . .304.4, 305.2 Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . .305.1 J M MAINTENANCE JURISDICTION Required. . . . . . . . . . . . . . . . . . . . . . . . . . . .102.2 Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.1 MATERIAL Alternative. . . . . . . . . . . . . . . . . . . . . . . . .105.2 K Salvage. . . . . . . . . . . . . . . . . . . . . . . . . .'. . .110.4 KITCHEN Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105.4 Electrical outlets required. . . . . . . . . . . . . . .605.2 MEANS OF EGRESS(See EGRESS) Minimum width . . . . . . . . . . . . . . . . . . . . . . .404.2 MECHANICAL Prohibited use . . . . . . . . . . . . . . . . . . . . . .404.4.4 Installation. . . . . . . . . . . . . . . . . . . . . . . . . . .603.1 Room lighting . . . . . . . . . . . . . . . . . . . . . . . .605.3 Responsibility . . . . . . . . . . . . . . . . . . . . . . . .601.2 Water heating facilities . . . . . . . . . . . . . . . . .505.4 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .601.1 Ventilation, general . . . . . . . . . . . . . . . . . . . . .403 Ventilation,toilet rooms. . . . . . . . . . . . . . . . .403.2 L MINIMUM LANDING Ceiling height . . . . . . . . . . . . . . . . . . . . . . . .404.3 Handrails and guards. . . . . 304.12, 305.4, 305.5, Room width. . . . . . . . . . . . . . . . . . . . . . . . . .404.2 306.1 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .301.1 Maintenance . . . . . . . . . . . . . . . . . .304.10, 305.4 MODIFICATION LAUNDRY Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . .105.1 Room lighting . . . . . . . . . . . . . . . . . . . . . . . .605.3 MOTEL(See HOTELS) Water heating facilities . . . . . . . . . . . . . . . . .505.4 MOTOR VEHICLES LAVATORY Inoperative . . . . . . . . . . . . . . . . . . . . . . . . . .302.8 Hotels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .502.3 Painting. . . . . . . . . . . . . . . . . . . . . . . . . . . . .302.8 Required facilities . . . . . . . . . . . . . . . . . . . . . .502 Rooming houses. . . . . . . . . . . . . . . . . . . . . .502.2 N Sanitary drainage system . . . . . . . . . . . . . . . .506 Water heating facilities . . . . . . . . . . . . . . . . .505.4 NATURAL Water system. . . . . . . . . . . . . . . . . . . . . . . . . .505 Lighting. . . . . . . . . . . . . . . . . . . . . . . . .401.3, 402 LEASE(SELL,RENT) Ventilation. . . . . . . . . . . . . . . . . . . . . . .401.3, 403 Heat supplied . . . . . . . . . . . . . . . . . . . . . . . .602.3 NOTICE Salvage materials. . . . . . . . . . . . . . . . . . . .110.4 Appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111.1 Transfer of ownership . . . . . . . . . . . . . . . . . . 107.5 Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107.2 LIEN Method of service. .. . . . . . . . . . . . . . . . . . .107.3 Closing of vacant structures. . . . . . . . . . . . . 108.2 Orders . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .107 Demolition. . . . . . . . . . . . . . . . . . . . . . . . . . .110.3 Owner, responsible person. . . . . . . . . . . . . .107.1 Failure to comply. . . . . . . . . . . . . . . . . . . . . .110.3 Penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . .107.4 LIGHT,LIGHTING Placarding of structure . . . . . . . . . . . . . . . . .108.4 Common halls and stairways. . . . . . .402.2, 605.3 Transfer of ownership . . . . . . . . . . . . . . . . . .107.5 Luminaires . . . . . . . . . . . . . . . . . . . . . . . . . .605.3 Vacating structure. . . . . . . . . . . . . . . . . . . . .108.2 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .402 NOXIOUS Habitable rooms . . . . .. . . . . . . . . . . . . . . . .402.1 Process ventilation . . . . . . . . . . . . . . . . . . . .403.4 Other spaces . . . . . . . . . . . . . . . . . . . . . . . .402.3 Weeds. . . . . . . . . . . . . . . . . . . , . . . . . . .302.4 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 77 INDEX Hallway. . . . . . . . . . . . . . . . . . . . . . . . . . . . .502.3 RODENTS Sewage system . . . . . . . . . . . . . . . . . . . . . .506.1 Basement hatchways . . . . . . . . . . . . . . . . .304.16 Toilet rooms . . . . . . . . . . . . . . . . . . . . . . . . . .503 Condemnation . . . . . . . . . . . . . . . . . . . . . . . . .108 Vacant structures and land. . . . . . . . . . . . . .301.3 Exterior surfaces. . . . . . . . . . . . . . . . . . . . . .304.6 Water system. . . . . . . . . . . . . . . . . . . . . . . . . .505 Extermination . . . . . . . . . . . . . . . . . . . .302.5,308 PUBLIC WAY Guards for basement windows. . . . . . . . . .304.17 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . .202 Harborage. . . . . . . . . . . . . . . . . . . 302.5 Insect and rodent control . . . . . . . . . . . . . . .30. 8.1 ROOF R Exterior structure . . . . . . . . . . . . . . . . . . . . .304.1 RAIN Roofs. . . . . . . . . . . . . . . . . . . . . . . . . . . . .304.7 Basement hatchways . . . . . . . . . . . . . . . . .304.16 Storm drainage . . . . . . . . . . . . . . . . . . . . . . . .507 Exterior walls . . . . . . . . . . . . . . . . . . . . . . . .304.6 ROOM Grading and drainage. . . . . . . . . . . . . . . . . .303.2 Bedroom and living room . . . . . . . . . . . . . . .404.4 Roofs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .304.7 Cooking facilities. . . . . . . . . . . . . . . . . . . . . .403.3 Window and door frames . . . . . . . . . . . . . .304.13 Direct access . . . . . . . . . . . . . . . . . . . . . . . .503.2 RECORD Habitable. . . . . . . . . . . . . . . . . . . . . . . . . . . .402.1 Official records . . . . . . . . . . . . . . . . . . . . . . .104.7 Heating facilities. . . . . . . . . . . . . . . . . . . . . . . .602 REHABILITATION Light. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .402 Minimum ceiling heights. . . . . . . . . . . . . . . .404.3 Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.3 g g REPAIR Minimum width . . . . . . . . . . . . . . . . . . . . . . .404.2 Overcrowding . . . . . . . . . . . . . . . . . . . . . . . .404.5 Application of other codes . . . . . . . . . . . . . . 102.3 404.4.4 Prohibited use . . . . . . . . . Chimneys . . . . . . . . . . . . . . . . . . . . . . . . . .304.11 602.5 Temperature . . . . . . . . . . . . . . . . . . . . . . Demolition. . . . . . . . . . . . . . . . . . . . . . . . . . .110.1 Toilet. . 503 Exterior surfaces. . . . . . . . . . . . . . . . . . . . . .304.1 Ventilation 403 Maintenance . . . . . . . . . . . . . . . . . . . . . . . .102.2 Public areas . . . . .302.3 ROOMING HOUSES See DORMITORY) . . . . . . . . . . . . . . . . . . . . Signs, marquees and awnings . . . . . . . . . . .304.9 RUBBISH Stairs and porches . . . . . . . . . . . . . . . . . . .304.10 Accumulation . . . . . . . . . . . . . . . . . . . . . . . .307.1 Weather tight. . . . . . . . . . . . . . . . . . . . . . . .304.13 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . .202 Workmanship . . . . . . . . . . . . . . . . . . . . . . . .102.5 Disposal . . . . . . . . . . . . . . . . . . . . . . . . . .307.2 REPORTS Garbage facilities. . . . . . . . . . . . . . . . . . . .307.3.1 Test reports . . . . . . . . . . . . . . . . . . . . . . . .105:3.2 Rubbish storage. . .307.2.1Storage . . . . . . . . . . . . . . . . . . . . . . . . . . .307.2.1 RESIDENTIAL Extermination. . . . . . . . . . . . . . . . . . . . . . . . . .308 Residential heating. . . . . . . . . . . . . . . . . . . .602.2 S Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.2 SAFETY,SAFE RESPONSIBILITY Chimney . . . . . . . . . . . . . . . . . . . . . . . . . . .304.11 Extermination. . . . . . . . . . . . . . . . . . . . . . . . . .308 Condemnation . . . . . . . . . . . . . . . . . . . . . . .108.1 Fire safety. . . . . . . . . . . . . . . . . . . . . . . . . . .701.2 Electrical installation. . . . . . . . . . . . . . . . . . .605.1 Garbage disposal . . . . . . . . . . . . . . . . . . . . .307.3 Emergency measures . . . . . . . . . . . . . . . . . . .109 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . .301.2 Fire safety requirements . . . . . . . . . . . . . . . . .701 Mechanical and electrical. . . . . . . . . . . . . . .601.2 Fireplaces. . . . . . . . . . . . . . . . . . . . . . . . . . .603.1 Persons. . . . . . . . . . . . . . . . . . . . . . . . . . .301.1 Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.3 Placarding of structure . . . . . . . . . . . . . . .. .108.4 Safety controls . . . . . . . . . . . . . . . . . . . . . . .603.4 Plumbing facilities. . . . . . . . . . . . . . . . . . . . .501.2 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.2 Rubbish storage. . . . . . . . . . . . . . . . . . . . .307.2.1 Unsafe structures and equipment . . . . . . . . . . 10.8 Scope. . . . . . . . . . . . . . . . . . . . . . . . .101.2, 301.1 SANITARY REVOKE,REMOVE Bathroom and kitchen floors. . . . . . . . . . .. .305.3 Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . .110 Cleanliness . . . . . . . . . . . . . . . . . . . .304.1,305.1 Existing remedies. . . . . . . . . . . . . . . . . . . . .102.4 Disposal of garbage . . . . . . . . . . . . . . . . . . .307.3 Process ventilation . . . . . . . . . . . . . . . . . . . .403.4 Disposal of rubbish. . . . . . . . . . . . . . . . . . . .307.2 Removal of placard . . . . . . . . . . . . . . . . . .108.4.1 Exterior property areas. . . . . . . . . . . . . . .302.1 Rubbish removal . . . . . . . . . . . . . . . . . . . .307.2.1 Exterior structure . . . . . . . . . . . . . . . . . . . . .304.1 RIGHT OF ENTRY Food preparation . . . . . . . . . . . . . . . . . . . . .404.7 Duties and powers of code offl`clai : iO4.4 - - -- F rl�5r i�hed-b�oc�c❑P= . . . . . . . . . . . . . . .302.1 Inspections . . . . . . . . . . . . . . . . . . . . . . . . . .104.3 Interior surfaces . . . . . . . . . . . . . . . . . . . . . .305.3 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 29 INDEX U W UNOBSTRUCTED WALK Access to public way. . . . . . . . . . . . . . . . . . .702.1 Sidewalks . . . . . . . . . . . . . . . . . . . . . . . . . . .302.3 General, egress . . . . . . . . . . . . . . . . . . . . . .702.1 WALL UNSAFE Accessory structures . . . . . . . . . . . . . . . . . .302.7 Equipment . . . . . . . . . . . . . . . . . . . . . . . . .108.1.2 Exterior surfaces . . . . . . . . . . . . . . . .304.2, 304.6 Existing remedies. . . . . . . . . . . . . . . . . . . . .102.4 Exterior walls . . . . . . . . . . . . . . . . . . . . . . . .304.6 Foundation walls. . . . . . . . . . . . . . . . . . . . . .304.5 General, condemnation. . . . . . . . . . . . . . 108, 110 i General, demolition . . . . . . . . . . . . . . . . . . . . .110 General,fire-resistance rating . . . . . . . . . . .703.1 Interior surfaces .305.3 Notices and orders. . . . . . . . . . . . . . . .107, 108.3 Outlets required .605.2 Structure . . . . . . . . . . . . . . . . . . . . . . . . . .108.1.1 Temperature measurement . . . . . . . . . . . . .602.5 USE WASTE Application of other codes . . . . . . . . . . . . . .102.3 Disposal of garbage . 307.3 General, demolition . . . . . . . . . . . . . . . . . . . . .110 Disposal of rubbish. . . . . . . . . . . . . . . . . . . .307.2 Dwelling units . . . . . . . . . . . . . . . . . . . . . . . .502.1 Garbage storage facilities . . . . . . . . . . . . .307.3.1 V WATER VACANT Basement hatchways . . . . . . . . . . . . . . . . .304.16 Closing of vacant structures. . . . . . . . . . . . . 108.2 Connections . . . . . . . . . . . . . . . . . . . . . . . . .506.1 Emergency measure . . . . . . . . . . . . . . . . . . . .10g Contamination. . . . . . . . . . . . . . . . . . . . . . . .505.2 Method of service . . . . . . . . . . . . . . .107.3, 108.3 General, sewage . . . . . . . . . . . . . . . . . . . . . . .506 Notice to owner or to person General, storm drainage . . . . . . . . . . . . . . . . .507 responsible . . . . . . . . . . . . . . . . . . . .107, 108.3 General, water system. . . . . . . . . . . . . . . . . . .505 Placarding of structure . . . . . . . . . . . . . . . . .108.4 Heating . . . . . . . . . . . . . . . . . . . . . . . . . . . . .505.4 Vacant structures and land. . . . . . . . . . . . . .301.3 Hotels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .502.3 Kitchen sink .502.1 VAPOR Required facilities . . . . . . . . . . . . . . . . . . . . . .502 Exhaust vents. . . . . . . . . . . . . . . . . . . . . . . .302.6 Rooming houses. . .502.2 Process ventilation . . . . . . . . . . . . . . . . . . . .403.4 Supply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .505.3 VEHICLES System. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .505 Inoperative . . . . . . . . . . . . . . . . . . . . . . . . . .302.8 Toilet rooms . . . . . . . . . . . . . . . . . . . . . . . . . . .503 Painting. . . . . . . . . . . . . . . . . . . . . . . . . . . . .302.8 Water heating facilities . . . . . . . . . . . . . . . . .505.4 VENT WEATHER,CLIMATE Connections . . . . . . . . . . . . . . . . . . . . . . . . .504.3 Heating facilities. . . . . . . . . . . . . . . . . . . . . . . .602 Exhaust vents. . . . . . . . . . . . . . . . . . . . . . . .302.6 Rule-making authority. . . . . . . . . . . . . . . . . .104.2 Flue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .603.2 WEATHERSTRIP VENTILATION Window and door frames . . . . . . . . . . . . . .304.13 Clothes dryer exhaust. . . . . . . . . . . . . . . . . .403.5 WEEDS Combustion air . . . . . . . . . . . . . . . . . . . . . . .603.5 Noxious weeds . . . . . . . . . . . . . . . . . . . . . . .302.4 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . .202 WIDTH General,ventilation . . . . . . . . . . . . . . . . . . . . .403 Minimum room width. . . .404.2 Habitable rooms . . . . . . . . . . . . . . . . . . . . . .403.1 WIND Process ventilation . . . . . . . . . . . . . . . . . . . .403.4 Weather tight. . .304.13 Recirculation . . . . . . . . . . . . . . . . . . .403.2,403.4 Window and door frames . . . . . . . . . . . . . .304.13 Toilet rooms . . . . . . . . . . . . . . . . . . . . . . . . .403.2 WINDOW VERMIN Emergency escape. . . . . . . . . . . . . . . . . . . .702.4 Condemnation . .108 Glazing. . 304.13.1 Insect and rat control . . . . . . . . . . . . . .302.5, 308 Guards for basement windows*. 304.17 VIOLATION Habitable rooms . . . . . . . . . . . . . . . . . . . . . .402.1 Condemnation . . . . . . . . . . . . . . . . . . . . . . . . .108 Insect screens. . . . . . . . . . . . . . . . . . . . . . .304.14 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .106 Interior surface . . . . . . . . . . . . . . . . . . . . . . .305.3 Notice . . . . . . . . . . . . . . . . . . . . . . . . . .107, 108.3 Light. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .402 Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . .106.4 Openable windows . . . . . . . . . . . . . . . . .304.13.2 Placarding of structure . . . . . . . . . . . . . . . . .108.4 Toilet rooms . . . . . . . . . . . . . . . . . . . . . . . . .403.2 Prosecution. . . . . . . . . . . . . . . . . . . . . . . . . .106.3 Ventilation . . . . . . . . . . . . . . . . . . . . . . . . . . . .403 Strict liability offense. . . . . . . . . . . . . . .106.3,202 Weather tight. . . . . . . . . . . . . . . . . . . . . . . .304.13 Transfer of ownership . . . . . . . . . . . . . . . . . .107.5 Window and door frames . . . . . . . . . . . . . .304.13 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 31 w r AnthonySt • i i Mem® To: Mayor, Council,and City Manager From: John Fire Chief Date: Jan. 11,2008 Re: Code Enforcement Report Please find attached a summary of City Ordinance enforcement activity as conducted by the members of the Fire Department for the fourth quarter of 2007. In addition to these, many questions and problems are efficiently handled by the administrative staff by phone or in person (walk-ins to City Hall and Fire Station) and do not generate a record of the activity. Should you have any questions or require more detailed information please contact me at any time. Have a great day, John Fire Chief I i 0 Page 1 ST. ANTHONY CITY CODE ENFORCEMENT ACTIVITY FOURTH QUARTER 2007 CASE # DATE VIOLATION ADDRESS COMPLAINT OFFICER STATUS 147 10/1/2007 ` LONG GRASS RICK L. CLOSED 148 10/1/2007 3111 WILSON ST TRAILER ON GRASS RICK L. CLOSED 149 10/1/2007 3637-3639 STINSON BLVD LONG GRASS RICK L. CLOSED 150 10/1/2007 3613 SILVER LAKE ROAD TRUCK ON GRASS RICK L. CLOSED 151 10/1/2007 3202-39TH AVE GRASS-WASHERIDRYER IN DRIVEWAY RICK L. CLOSED 152 10/1/2007 3700 CHANDLER DRIVE LONG GRASS RICK L. CLOSED 153 10/9/2007 2518 37TH AVE RENTAL OCCUPANCY PROBLEM RICK L. CLOSED 154 10/9/2007 3500 COOLIDGE ST BASKETBALL HOOP/GARBAGE CANS RICK L. CLOSED WATER RUNNING INTO 155 10/9/2007 3308 TOWNVIEW 3108 RANKIN PROPERTY RICK L. CLOSED 156 10/9/2007 3504 BELDEN DR CAR IN DRIVEWAY INOPERABLE RICK L. CLOSED 157 10/9/2007 3900 CHANDLER-HAPPY'S LOUD NOISS AT 6:15 AM RICK L. CLOSED 158 10/9/2007 3640 COOLIDGE ST TREES IN RIGHT AWAY RICK L. CLOSED 159 10/9/2007 3644 EDWARDS ST TREES IN RIGHT AWAY RICK L' CLOSED 160 10/24/2007 3822 SILVER LAKE ROAD NO ADDRESS RICK L. CLOSED 161 10/24/2007 3121 RANKIN RD JUNK IN YARD RICK L. CLOSED 162 10/24/2007 2604 27TH AVE CARS PARKED RICK L. CLOSED 163 10/24/2007 3317 EDGEMERE GREEN CARPET ON GRASS RICK L. CLOSED 165 10/24/2007 3436 HARDING ST LONG GRASS RICK L. CLOSED 166 10/24/2007 2600 37TH AVE GRASS BLOWN IN STREET RICK L. CLOSED 167 10/29/2007 3511 SKYCROFT DR DUMPSTER RICK L. CLOSED 166 11/1/2007 MYERS GROUP EARLY MORNING NOISE RICK L. CLOSED 169 11/1/2007 3408 EDWARDS LONG GRASS RICK L. CLOSED 170 11/1/2007 3105 SILVER LAKE ROAD CARS ON GRASS RICK L. CLOSED 171 11/1/2007 2501 KENZIE TERR BUILD UP OF LEAVES RICK L. CLOSED 172 11/5/2007 3106 33RD AVE TRAILERS ON GRASS RICK L. CLOSED 173 11/5/2007 2601 36TH AVE LONG GRASS STUFF ALL AROUND RICK L. CLOSED 174 11/5/2007 3425 BELDEN DR GARBAGE/MOTOR IN F. YARD RICK L. CLOSED 175 11/5/2007 4001 PENROD LN LONG GRASS/SIGN TO CLOSE RICK L. CLOSED 176 11/5/2007 3904 PENROD LN JUNK ON N SIDE OF HOUSE RICK L. CLOSED 177 11/5/2007 3313 CROFT DRIVE SAIL BOAT ON GRASS RICK L. CLOSED • L ir ell • -1 r - I �� r ' 7 -. 7 . r - til '- '� -. IL ' 1 ■•� ��I ' I - ■�I — ti - y � 1 1 1 ' t � ' 1 1 �� , ti� ■ �- '� � •.'k .111 it _ r 1 i�T . '111 *_rAF ti 's r _ 1 r 1 1 in 4y ■ ■ y, 1'�, � 1 ' ' 1 L� 1 . -No NNI L ■ IN Ik hL ■ " 1 ' ■1 � � J 1 � r 1 I• — ■1 IL■ ■ ■1 �� 0 -e1 1-ml f ■ 1 _ 1 ■ , L I 7 r l � 14 n _ 1 1 , I1 ti - ■ r�z _ � 1 I I �•i %� ■ kr � ' ' III � ' � 1 I 4k, IIN 96M%l IL I 1 1 �■ 1 1 1 1 •-J L ,� ,-y �■ - r t '•1-16 � ' 7 1 � 1 _ IL 'I 111 IL r' L1 IT f 1 1 r, 1 1 � l 1 � 1 ■ ;•�, in x P �5 •_ t 1 l 1 � Y ■ ■ � 1 ' Z rl ■ r ST. ANTHONY CITY CODE ENFORCEMENT ACTIVITY FOURTH QUARTER 2007 178 11/26/2007 3507 SILVER LAKE ROAD BRANCHES &TREES RICK L. CLOSED 179 11/26/2007 3306 BELDEN DR BOAT ON GRASS RICK L. CLOSED 180 11/28/2007 3209 MACALASTER DR BRUSH BEHIND COMPLEX RICK L. 181 11/29/2007 2601 36TH AVE STUFF ALL OVER RICK L. CLOSED 182 11/29/2007 3032 CROFT DR CARS PARKED ALL OVER RICK L. CLOSED VAN EXPIRED PLATES 183 12/14/2007 2801 36TH AVE VAN BROKEN WINDOW RICK L. 184 12/18/2007 2829 STINSON BLVD CAR EXPIRED PLATES RICK L. TRAILER ON GRASS 185 12/18/2007 2817 STINSON BLVD PICK UP EXPIRED PLATES RICK L. The 100. Market Updates fw ioo Twin Cities Communities A free research tool from the Minneapolis Area Association of REALTORS@ MINNEAPOLIS AREA Association Brought to you by the unique data-sharing traditions of the REALTOR®community of REALTORS' St. Anthony December Year. to Date Hennepin County,MN 2006 2007 Change 2006 2007 Change New Listings 4 13 +225.0% I 267 199 -25.5% Closed Sales 4 7 +75.0% ' 161 112 -30.4% Average Sales Price $238,000 $263,371 +10.7% $247,963 $257,612 +3.9% Percent of Original List Price Received at Sale- 97.1% 91.7% -5.6% 97.4% 95.9% -1.5% Average Days on Market Until Sale- 103 215 +108.7% NA 112 NA Single-Family Detached Inventory 16 17 +6.3% — _ _ Townhouse-Condo Inventory 31 32 +3.2% 'Does not account for list prices from any previous listing contracts "City market time figures were first available in August 2006,accounts for previous listing contracts Activity—Most Recent Month Activity—Year to Date ❑New Listings 13 267 ❑New Listings E3 Closed Sales E3 Closed Sales 199 7 161 4 4 112 - 7 2006 _T 2007 2006 2007 - Average Sales Price Percent of Original List Price Received $263,371 $247,963 $257,612 $238,000 ❑2006 97.1% 91.7% 132006 97.4% 95.9% t7 2007 .1117 C 2007 December Year to Date December Year to Date Average Days on Market Until Sale Inventory of Homes for Sale 215 ❑2006 132006 31 32 02007 ❑2007 103 112 16 17 0 December T— Year to Date Single-Family Detached Townhouse-Condo Some of the figures referenced in this report are for only one month worth of activity. As such, they can sometimes look extreme due to the small sample size involved. For broader historical market information, please feel free to contact us. ©2007 Minneapolis Area Association of REALTORS®based upon data reported to the Regional Multiple Listing Service,Inc The 100. Market updates rw too,wl„tstsa:t or„rrar,itias A free research tool from the Minneapolis Area Association of REALTORS@ MINNEAPOLIS AREA Association Brought to you by the unique data-sharing traditions of the REALTOR®community of REALTORS* Twin Cities Region December Year to Date 13-County Metropolitan Area 2006 2007 Change 2006 2007 Change New Listings 4,361 4,348 -0.3% 108,022 105,044 -2.8% Closed Sales 2,950 2,376 -19.5% 47,901 40,055 -16.4% Average Sales Price $285,930 $266,121 -6.9% $278,432 $274,767 -1.3% Percent of Original List Price Received at Sale- 94.8% 91.2% -3.8% I 96.8% 94.7% -2.2% Average Days on Market Until Sale- 132 154 +16.7% NA 148 NA Single-Family Detached Inventory 15,493 18,793 +21.3% - - _ Townhouse-Condo Inventory 7,408 7,882 +6.4% .Does not account for list prices from any previous listing contracts "City market time figures were first available in August 2006,accounts for previous listing contracts Activity—Most Recent Month Activity—Year to Date 4,361 13New Listings 4,348 108,022 17 New Listings 105,044 19Closed Sales DClosed Sales 2,950 2,376 47.901 - 40,055 2006 2007 2006 2007 Average Sales Price Percent of Original List Price Received $285,930 $278,432 $266,121 02006 $274,767 94.8% 91.2!4 02006 96.8°A 94,7% 02007 172007 December Year to Date December Year to Date Average Days on Market Until Sale Inventory of Homes for Sale 154 0 18,793 132 2006 148 15,493 02006 132007 D2007 ,.<. 7,408 7.882 0 - December Year to Date Single-Family Detached Townhouse-Condo Some of the figures referenced in this report are for only one month worth of activity.As such, they can sometimes look extreme due to the small sample size involved. For broader historical market information,please feel free to contact us. 0 2007 Minneapolis Area Association of REALTORS®based upon data reported to the Regional Multiple Listing Service,Inc.