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HomeMy WebLinkAbout04-3432 ord2 7.5 ORDINANCEAMENDMENT - ORDINANCE NO. 04-3432 AN ORDINANCE AMENDING CHAPTER 13, HOUSING, OF THE CITY OF PLAINVlEW CODE OF ORDINANCES TO ADOPT THE INTERNATIONAL PROPERTY MAINTENANCE CODE; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; SEVERABILITY CLAUSE, AND EFFECTIVE DATE. WHEREAS, Chapter 13 sets forth the minimum standards for buildings: and WHEREAS, from time to time it is advisable to review the ordinances that regulate all buildings within the City of Plainview; and WHEREAS, the Building Trades Fire Code Board of Appeals has reviewed staff recommendations on adoption of the International Property Maintenance Code; and WHEREAS, the International Property Maintenance Code, 2003 Edition, with proposed amendments as herein after made has been duly presented to the City Council; and WHEREAS, the City Council of the City of Plainview finds that it would not be detrimental or injurious to the public health, safety, or general welfare of the citizens of the City of Plainview: NOW, THEREFORE, The City of Plainview Hereby Ordains That: SECTION I- Chapter 13, of the City of Plainview Code of Ordinances is amended/deleted as follows: a. Article II. Section 13-16 is amended to read: Uniform Housing Code International Property Maintenance Code The !997 Edition of the Uniform Housing Code International Property Maintenance Code, as copyrighted in 4(~(~? 2003, by the International r-..,.~ ....... ~ ~,.,.~;..g r~m,.~olo ~^~.;,+~... r-~.~.....;.. Code Council, Inc., as hereinafter amended is specifically adopted as the ~,,;~'~;'-'~ Minimum Housing/Dangerous Building Code for the City of Plainview, Texas, and a copy is attached here to and incorporated herein by reference as though set out completely in detail. A copy of said Uniform Hous!ng International Property Maintenance Code shall be filed with the City Secretary and a copy maintained in the office of the building official of the City of Plainview, Texas, all such copies to be open to public inspection during business hours of the offices where they are maintained, with amendments thereto. b. Section 13-17 to 13-26 Reserved c. Section 13-32 to 113-135 Reserved Ordinance~No. 04-3432 2 7"6 SECTION I1: Amendment to Section 13-27 Public nuisance declared_. Sec. 13-27. Public nuisance declared. All buildings or portions thereof which are determined to be substandard as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in section !3 8! of this code. (Ord. No. 83-2511. 2-22-83) SECTION II1: Section 13-31 Amendments to the' '~'~:''''~''" .... ~-"- International Property Maintenance Code. A .... '° ~"°~'~ ~° hereby deleted ,, r'ho,,m, o ~;^. on~ Hcusin.q Advise."',' and..~. ............ c. Ch=~ Section 40! DBFINITIONS is amended to add: d. Cha'-ter !5 Sectiqn !50!.2 - Costs is amended to read: b. In addition to collection cf the costs and expenses incurred by correct nR the violations of the ~din~ the a-p!icab!9 services. f. Chapter 15, Section .l~no _ D,'-D^ID ^~,ln nl-~Jnl ITIClltl r'l IMn id he.,-..im. ,-i:b:.*:,4 Repair and Demolition ,-,,,,,4 id hereby deleted. 101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Plainview, hereinafter referred to as "this code." 101.3 Intent. Change last Sentence to read as follows: Repairs, alterations, additions to and change of occupancy In existing buildings shall comply with the....~...~..~..~.~-* .... ,;,,,.~ ---.~-...~c";°*;"'"' ~-..~...~";~'~;"'~ r-.,,~.,~ adopted codes and ordinances of the City of Plainview. Ordinance No. 04-3432 Page 2 of ,5 277 103.5 Fees At the end of section add: The fees and services performed by the department in carrying out its responsibilities under this code shall be as...~,w.w~"'~"~*"'~ ..,"'- *~"-..,v ~"",v,,v....,~; .... vv..w~.~.~'"'~' "" set and approved by the City Council of the City of Plainview. Section 107.3 Method of service. Change 1, 2 and 3 to read as follows: 1. Delivered personally; or 2. Sent by certified or first-class mail addressed to the last known address and if the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered; e¢ and 3. '~ *~"- "'-*~"'~ ~° r,,, ..... '~ showing *~'"* *~"~ "-** ......... * '~"" ..... ~ a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Section 108.4. Placarding Delete as follows: Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard 5ear!.-.g th~ word "Ccr. demned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. Section 110.3 Failure to Com ply Add the following sections: Section 110.3.1 The cost of such work shall be paid for and made a special assessment against the property involved, or may be made a personal obligation of the property owner, whichever the legislative body of this jurisdiction shall determine is appropriate. Section 110.3.2 In addition to collection of the costs and expenses incurred by correcting the violations of the City Code, upon abatement by the City, the City shall charge the sum of One Hundred Seventy Five Dollars ($175.00) per occurrence which is hereby found to be the cost to the City of administering the terms of this policy administrative fee will be charged per lot, tract, parcel of land, or across the adjacent sidewalk, parkway or alley, which is hereby found to be the cost to the City of administering the terms of the provision. The fee can be adjusted upon annual review to correspond to the actual cost of providing the applicable services. Section 111 ~."'^~d~ ~" ^"'~m^' Change to: HEARING Delete Section 111.1 through 111.8 and replace with the following: 111.1 Hearing. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to a hearing before the City of Plainview, Minimum Housing Standards Board. All hearings before the board shall be open to the public. 111.2 Appeals to the decision of the board. Any owner, lienholder, or mortgagee of record of property jointly or severally aggrieved By an order of the Board may file in district court a verified petition setting forth that the decision is illegal, in whole or part, and specifying the grounds of the illegality. The petition must be filed by an owner, lienholder or mortgagee within 30 calendar days after the respective dates a copy of the final decision of the Board is personally delivered or mailed to them by first class mail, certified return receipt requested, or such decision shall become final as to each of them upon the expiration of each such 30 calendar day period. 302.4 Weeds. Change first sentence as follows: All premises and exterior property shall be :maintained free from weeds or plant growth in excess of (jurisdiction to insert height in inches) that is unsightly or excessive. 302.8 Motor vehicles Delete section 302.8 and exception. Section 303 SWIMMING POOLS, SPAS AND HOT TUBS Delete all of section 303 Ordinance No. 04-3432 Page 3 of 5 278 (F) 304.3 Premises identification. Change as follows: 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 /~o ? mm) In addition commercial buildings shall be required to have the approved address placed on a rear door. 304,14 Insect screens. Delete section 304.14 and exception 404.4 Bedroom requirements. Delete sections 404.4 through 404.7 and Table 404.5 Minimum Area Requirements 502.4 Employee's facilities. Add exception to the end: Exception: Temporary commercial occupancies with 3 or less employees. 602.2 Residential occupancies. Change as follows: Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68 degrees F (20 degrees C) in all habitable rooms, bathrooms and toilet rooms, h~o,~,4 ,.,. ,~, .... .',., ..... ,,~..... ,4,.o..,.,. temperature ~'-- *~-'- '-'"'-'"*,, i,.,~,...,,.,~ a .... ~;,. r~ ,.~ ,~... ?.ternat!en=/P/'..:mbL".g Cede. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. ~ .... ,~..,.. , ......... h,..,. ,h,. average monthly temperature ~o m. .... '~n ,~ ...... = (-! '~ 602.3 Heat supply. Delete date requirement and exceptions as follows: Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat ~ ...~...~ ~...~ /r~o,~ ,.. ~no,.~ to maintain a temperature of not less than 68 degrees F (20 degrees C) in all habitable rooms, bathrooms, and toilets. 602.40ccupiable work s pace. Delete section 602.4 and exceptions 604.2 Service. Change wording as follows and delete the last sentence: The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the ICC E!cctfica! Cede currently adopted version of the National Electrical Code. rot!rig of not !ess th~n fi0 =mperes. 605.2 Receptacles. Delete sentence as follows: Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded type receptacle or a receptacle with a ground fault circuit interrupter. ~ver/ bathroom shcl! ccr, ta!r, at ~.o,,~. ........ ~,,~ ,~._~,~.m"~- Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. Chapter 8 Referenced Standards Change Table to read as follows: ICC EC 03 !CC Electrica! CodeTM Administra*Jve Provisior, s Replace with currently adopted National Electrical Code IBC -03 International Building Code 702.3, 702.4 IFC - 03 International Fire Code R A4C,---03 Interr,=t!ona! .Mechanica! Cede R Replace with currently adopted Uniform Mechanical Code 201.3, 604.2 201.3, 302.7.1, 401.3, 101.3, 102.3, 201.3 201.3, 702.1,702.2, 704~1,704.2 201.3 Ordinance No. 04-3432 Page 4 of 5 279 !PC 03 Replace with currently adopted Uniform Plumbing Code !ZC 03 !,qt~r,qat!o,qa! Zc,-,!,-,~ Code R Replace with currently adopted City of Plainview Zoning Ordinance 201.3, 505.1,602.2, 602.3 102.3,201.3 SECTION IV All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict herewith, are hereby amended to conform with the provisions hereof. SECTION V Should any section, subsection, or any portion hereof be deemed invalid for any reason, such holding shall not render or invalidate any other section, subsection, sentence, provision, clause, phrase or word severable therefrom and the same shall be deemed severable for this purpose. SECTION VI This ordinance shall be of full force and effect upon its passage and publication as required by law. PASSED AND APPROVED on first reading this 12th day of October, 2004. PASSED AND APPROVED on second reading this 26th day of October, 2004. ~ ' ' ojosa, City Secretary [ J APPROVED AS TO FORM: V~lly [-laitc'h,/city Ordinance No. 04-3432 Page 5 of 5