Platte City, MO Article V Property Maintenance Code

Section 500.210 International Property Maintenance Code (IPMC).

[Ord. No. 1590 §1, 7-9-2008; Ord. No. 1683 §9, 3-9-2011; Ord. No. 1783 §1, 9-23-2014; Ord. No. 1947, 1-25-2022]

A certain document, one (1) copy of which is on file in the office of the City Clerk of the City of Platte City, being marked and designated as the International Property Maintenance Code, 2018 Edition, including Appendix Chapter A, as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code of the City of Platte City, in the State of Missouri; for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing standards for supplied utilities and facilities and other physical items and conditions essential to ensure that structures meet minimum standards and are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection 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 City Clerk of the City of Platte City are hereby referred to, adopted, and made a part hereof, as if fully set out in this Article, with the additions, insertions, deletions and changes, if any, prescribed in Section 500.220 of this Article.

Section 500.220 Additions, Insertions, Deletions and Modifications.

[Ord. No. 1590 §1, 7-9-2008; Ord. No. 1683 §10, 3-9-2011; Ord. No. 1783 §1, 9-23-2014; Ord. No. 1947, 1-25-2022]

A. The following Sections of the International Property Maintenance Code adopted in this Article are hereby revised:

1. 101.1 [A] Title. Insert:

These regulations shall be known as the International Property Maintenance Code of the [City of Platte City] and herein referred to as "this code."

2. [A] 103.5 Fees. Amend:

The fees for inspections and services performed by the Department in carrying out its responsibilities under this code shall be as indicated in the following fee schedule established in Section 500.510 of the Platte City Municipal Code.

3. [A] 111.1 Application for appeal. Amend:

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 appeal to the Board of Zoning and Adjustments (BZA), provided that a written application for appeal is filed within twenty (20) days after the day the decision, notice or order was served and associated fees for appeal are provided by the applicant. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or the requirements of this code is adequately satisfied by other means.

4. [A] 112.4 Failure to comply. Amend:

Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine as prescribed in the Platte City Municipal Code, Section 500.250 Violations and penalty.

5. 302.4 Weeds. Insert:

Premises and exterior property including right-of-way areas shall be maintained free from weeds or plant growth in excess of [12 inches]. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal including any administrative fees shall be paid by the owner or agent responsible for the property. The City will prepare an invoice for abatement of weeds including assessed administrative fees allowing thirty (30) calendar days for payment. If the City receives no payment after thirty (30) calendar days, the City can exercise its right to file a lien on the property for future reimbursement.

Exception: Property adjacent to a storm water detention pond, creek or river course may allow plant growth to grow in excess of [12-inches] in height to within [10-feet] of the edge of the pond, creek or river course.

6. 302.8.1 Parking on paved area. Addition:

In all City Zoning Districts, all motor vehicles shall be parked on an approved driveway, parking area or paved area that has a minimum thickness of 4-inches (101 mm) of either concrete, asphalt or other similar approved materials. These parking or paved areas shall be of adequate width and length to encompass the entire area beneath any and all vehicles, trailers and recreational vehicles that are parked on the required parking area allowed by the zoning district.

Exception: Existing gravel driveways and parking areas classified as existing non-conforming and designated (A1) Agricultural Zoning District.

7. 303.2 Enclosures. Amend:

Private swimming pools, hot tubs and spas, containing water more than [36 inches] (914 mm) in depth shall be completely surrounded by a fence or barrier not less than 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is a minimum of 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. An existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.

Exception: Spas or hot tubs with a safety cover that complies with ASTM F1346 shall be exempt from the provisions of this Section.

8. [F] 304.3 Premises identification. Amend:

Buildings shall have approved address numbers placed on the primary structure and 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 not less than 4 inches (102 mm) in height with a minimum stroke width of 0.5 inch (12.7 mm).

9. 304.14 Insect screens. Amend:

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 minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans are employed.

10. 308.2.1 Rubbish storage facilities. Amend:

The owner, tenant and or occupant of every occupied premises shall supply approved covered containers for rubbish, and the owner, tenant and or occupant of the premises shall be responsible for the removal of rubbish.

11. 308.2.3 Burning of rubbish. Addition:

No person shall burn or allow to be burned any rubbish including leaves within the City limits without first obtaining a burn permit from the appropriate governmental agency with jurisdiction.

Exception: Recreational fire pits at a distance of twenty-five (25) feet from combustible structures are allowed to burn untreated wood, tree branches and logs.

12. 308.2.4 Rubbish placed in streets. Addition:

No person shall cart, place, sweep, throw, deposit, or dispose in such a manner that it may be carried or deposited by the elements any rubbish on streets, sidewalks, alleys, storm sewers or other public place or upon any occupied premises within the City limits.

13. 308.2.5 Rubbish placed in streams. Addition:

No person shall cart, place, sweep, throw, deposit, or dispose in such a manner that it may be carried or deposited by the elements any rubbish upon streams, water courses, ravines or body of waters within the City limits.

14. 308.3.3 Burning of garbage. Addition:

No person shall burn or allow any garbage to be burned within the City limits.

15. 308.3.4 Garbage placed in streets. Addition:

No person shall cart, place, sweep, throw, deposit, or dispose in such a manner that it may be carried or deposited by the elements any garbage upon streets, sidewalks, alleys, storm sewers or other public place or upon any occupied premises within the City limits.

16. 308.3.5 Garbage placed in streams. Addition:

No person shall cart, place, sweep, throw, deposit, or dispose in such a manner that it may be carried or deposited by the elements any garbage upon streams, water courses, ravines or any body of waters within the City limits.

17. 308.4 Disposal of hazardous rubbish or garbage. Addition:

Highly inflammable or explosive materials including, solvents, paints and cans under pressure, including (HHW) household hazardous waste shall not be placed in trash containers for regular collection or disposal.

18. 602.3 Heat supply. Amend:

Every owner and operator of any building who rents, leases or lets one (1) or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 68° F. (20° C.) in all habitable rooms, bathrooms and toilet rooms.

Exceptions:
	1.	When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be 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 Appendix D of the International Plumbing Code.
	2.	In areas where the average monthly temperature is above 30° F. (-1° C.) a minimum temperature of 65° F. (18° C.) shall be maintained.

19. 602.4 Occupiable work spaces. Amend:

Indoor occupiable work spaces shall be supplied with heat to maintain a minimum temperature of 65° F. (18° C.) during the period the spaces are occupied.

	Exceptions:
	1.	Processing, storage and operation areas that require cooling or special temperature conditions.
	2.	Areas in which persons are primarily engaged in vigorous physical activities.

B. Deleted code Sections. The following Sections of the 2018 International Maintenance Code have been omitted and not hereby incorporated:

[A] 111.2 Membership of board.

[A] 111.2.1 Alternate member.

[A] 111.2.2 Chairman.

[A] 111.2.3 Disqualification of members.

[A] 111.2.4 Secretary.

(A] 111.2.5 Compensation of members.

[A] 111.3 Notice of meeting.

[A] 111.4 Open hearing.

[A] 111.4.1 Procedure.

[A] 111.5 Postponed hearing.

[A] 111.6 Board decision.

[A] 111.6.1 Records and copies.

[A] 111.6.2 Administration.

[A] 111.7 Court review.

(A] 111.8 Stays of enforcement.

Section 500.230 Existing Court Cases Not To Be Affected.

[Ord. No. 1590 §1, 7-9-2008; Ord. No. 1783 §1, 9-23-2014; Ord. No. 1947, 1-25-2022]

Nothing in this Article or in the International 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 or action acquired or existing, under any act or ordinance hereby repealed as cited in Section 500.240 of this Article; nor shall any just or legal right or remedy of any character be lost, impaired or effected by this Article.

Section 500.240 Inconsistent Ordinances Repealed.

[Ord. No. 1590 §1, 7-9-2008; Ord. No. 1783 §1, 9-23-2014; Ord. No. 1947, 1-25-2022]

All other ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 500.250 Violation and Penalty.

[Ord. No. 1590 §1, 7-9-2008; Ord. No. 1783 §1, 9-23-2014; Ord. No. 1947, 1-25-2022]

Any person who shall violate a provision of the code adopted in this Article or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan of or directive of the Code Official, or of a permit or certificate issued under the provision of this code, shall be guilty of a misdemeanor, punishable by a fine as follows: for municipal ordinance violations committed within a twelve-month period beginning with the first violation: two hundred dollars ($200.00) for the first municipal ordinance violation, two hundred seventy-five dollars ($275.00) for the second municipal ordinance violation, three hundred fifty dollars ($350.00) for the third municipal ordinance violation, and four hundred fifty dollars ($450.00) for the fourth and any subsequent municipal ordinance violations; Each day that a violation continues after due notice has been served shall be deemed a separate offense.