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HomeMy WebLinkAboutOrd 2002-23 Adopt Int Prop Maint Code W Amend.pdfPROPERTY MAINTENANCE CODE CITY OF ANNA, TEXAS ORDINANCE NO. 2002-23 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ADOPTING THE 2000 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE; ADOPTING AMENDMENTS TO SAID CODE; AUTHORIZING THE CODE OFFICIAL OR HIS AUTHORIZED REPRESENTATIVE TO ENFORCE THE PROVISIONS OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City's existing property maintenance codes have been determined to be in serious need of updating; and WHEREAS, the state had mandated that the International Codes or comparable regulations are to be used if the City intends to regulate building construction and property maintenance; and WHEREAS, the other cities in the North Central Texas area have adopted or intend to adopt the International Codes and the city council desires that the City of Anna should have building and property maintenance standards comparable to other cities in the area; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. International Property Maintenance Code adopted. The city council hereby adopts the 2000 Edition of the International Property Maintenance Code, as enumerated in Section 2. The mayor, or his authorized representative, is hereby authorized and directed to enforce all provisions of the International Property Maintenance Code, as adopted herein and as amended. Section 2. Specific provisions adopted --Amendments. (a) Section 101. General. (1) Section 101.1. Title. These regulations shall be known as the Property Maintenance Code of the City of Anna, Texas, hereinafter referred to as "this code." (2) Section 101.2. Scope. The provisions of this code shall app structures, all existing hotels, motels, i structures, and all existing premises an standards for premises, structures, equi space, heating, sanitation, protection frc fire and other hazards, and for safe and Page 1 of 12 y to all existing multifamily residential ins, rooming houses and other similar I constitute minimum requirements and ment, and facilities for light, ventilation, m the elements, life safety, safety from sanitary maintenance; the responsibility PROPERTY MAINTENANCE CODE of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. (3) Section 101.3. Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. (b) Section 102. Applicability (1) Section 102.1. General. The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in Section 101. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern. (2) Section 102.2. Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises. (3) Section 102.3. Applications of other codes. Repairs, additions or alternations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Residential Code, International Plumbing Code, International Mechanical Code and the ICC Electrical Code. (4) Section 102.4. Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary. (5) Section 102.8. Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official. (c) Section 103. Department of property maintenance inspection. (1) Section 103.6. Fees. The exterior of each building and property will be inspected annually. The interior of any multi -family dwelling unit will be inspected only upon request of the owner or resident. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be $47.00 for Page 2 of 12 PROPERTY MAINTENANCE CODE any failed inspection. There shall be no fee for a license and no license is required. (d) Section 104. Duties and powers of the code official. (1) Section 104.1. General. The code official shall enforce the provisions of this code. (2) Section 104.4. Right of entry. The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the code official is authorized to pursue recourse as provided by law. (e) Section 202. General definitions. Approved. Approved by the code official. Basement. That portion of a building which is partly or completely below grade. Bathroom. A room containing plumbing fixtures including a bathtub or shower. Bedroom. Any room or space used or intended to be used for sleeping purposes Code official. The official who is charged with the administration and enforcement of this code, or any duly authorized representative. Condemn. To adjudge unfit for occupancy. Dwelling unit. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Exterior property. The open space on the premises and on adjoining property under the control of owners or operators of such premises. Extermination. The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods. Garbage. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. Guard. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. Habitable space. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. Page 3 of 12 PROPERTY MAINTENANCE CODE Hotel/motel. A building or group of buildings designed and occupied as a temporary abiding place of individuals. To be classified as a hotel or motel, an establishment shall contain a minimum of 12 individual guest rooms or units and shall furnish customary hotel services such as linen, maid service, telephone, use and upkeep of furniture. Imminent danger. A condition which could cause serious or life-threatening injury or death at any time. Infestation. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. Labeled. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above -labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards. Let for occupancy or let. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person which is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. Multiple -family dwelling (apartment) (multi -family). Any building or portion thereof, which is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or place of residence by three or more families living in independent dwelling units. Occupancy. The purpose for which a building or portion thereof is utilized or occupied. Occupant. Any individual living or sleeping in a building, or having possession of a space within a building. Openable area. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. Operator. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. 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 person, and the executor or administrator of the estate of such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. Person. An individual, corporation, partnership or any other group acting as a unit Premises. A lot, plot or parcel of land including any structures thereon. Page 4 of 12 PROPERTY MAINTENANCE CODE Rooming house. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling. Rooming unit. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. Rubbish. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. Strict liability offense. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do. 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 supplying conditioned or unconditioned air to, or removing such air from, any space. Workmanlike. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work. Yard. An open space on the same lot with a structure. (f) Section 302. Exterior property areas. (1) Section 302.1. Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The owner or occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. (2) Section 302.2. Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or with any structure located thereon. Exception: Approved retention areas and reservoirs. (3) Section 302.3. Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. Page 5 of 12 PROPERTY MAINTENANCE CODE (4) Section 302.5. Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. (5) Section 302.6. Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. (6) Section 302.7. Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.7.1. Gates. Gates which are required to be self-closing and self -latching in accordance with the International Building Code shall be maintained such that the gate will positively close and latch when released from a still position of 6 inches (152 mm) from the gatepost. 302.7.2. Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. (7) Section 302.8. Motor vehicles. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. (8) Section 302.9. Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. (g) Section 303. Exterior structure. (1) Section 303.1. General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. Page 6 of 12 PROPERTY MAINTENANCE CODE (2) Section 303.2. Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay -resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilized by oxidation are exempt from this requirement. (3) Section 303.3. Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch. (4) Section 303.4. Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. (5) Section 303.5. Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. (6) Section 303.6. Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. (7) Section 303.7. Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. (8) Section 303.8. Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. (9) Section 303.9. Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. Page 7 of 12 PROPERTY MAINTENANCE CODE When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather -coating materials, such as paint or similar surface treatment. (10) Section 303.10. Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. (11) Section 303.11. Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather -coating materials, such as paint or similar surface treatment. (12) Section 303.12. Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. (13) Section 303.13. Window, skylight and doorframes. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 303.13.1. Glazing. All glazing materials shall be maintained free from cracks and holes. 303.13.2. Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. (14) Section 303.14. Insect screens. During the period from January 1 to December 31, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self- closing device in good working condition. (15) Section 303.15. Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. (h) Section 304. Interior Structure. (1) Section 304.2. Structural members. Page 8 of 12 PROPERTY MAINTENANCE CODE All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. (2) Section 304.3. Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking, or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected. (3) Section 304.4. Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. (4) Section 304.5. Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. (5) Section 304.6. Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. Section 305. Rubbish and Garbage. (1) Section 305.1. Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. (2) Section 305.2. Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. 305.2.1. Rubbish storage facilities. The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish. (3) Section 305.3. Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. a. 305.3.1. Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container. b. 305.3.2. Containers. Page 9 of 12 PROPERTY MAINTENANCE CODE The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close -fitting covers for the storage of such materials until removed from the premises for disposal. 0) Section 306. Extermination. (1) Section 306.1. Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re -infestation. (2) Section 306.2. Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure, or any dwelling unit therein. (3) Section 306.4. Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy or a rooming house shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination. (4) Section 306.5. Occupant. The occupant of any structure or dwelling unit shall be responsible for the continued rodent and pest -free condition of the structure or dwelling unit. Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for extermination. (k) Section 402. Light. (1) Section 402.1. Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet. The exterior glazing area shall be based on the total floor area being served. (2) Section 402.2. Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one - and two-family dwellings, shall be lighted at all times with at least a 60 -watt standard incandescent light bulb for each 200 square feet (19 m2) of floor area or Page 10 of 12 PROPERTY MAINTENANCE CODE equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet. (3) Section 402.3. Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment, and fixtures. (1) Section 403. Ventilation. (1) Section 403.1. Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in Section 402.1. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet. The ventilation openings to the outdoors shall be based on a total floor area being ventilated. (2) Section 403.2. Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section 403.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. (3) Section 403.3. Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in a rooming unit or dormitory unit. Exception: Where specifically approved in writing by the code official. (4) Section 403.4. Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. (5) Section 403.5. Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions. Section 3. Repeal Clause All parts of any ordinance in conflict with the provisions of this ordinance are to the extent of such conflict hereby repealed. Page 11 of 12 PROPERTY MAINTENANCE CODE Section 4. Savings Clause If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. Section 5. Effective Date This ordinance shall be effective upon the posting and/or publication of its caption as required by law and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this 13th day of August, 2002. APPROVED: ATTESTED: Page 12 of 12