[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.
[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.
[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.
[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.
[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.