[Code 2005 § 22-351]
There is hereby adopted the International Property Maintenance Code, 2015 edition, and subsequent editions as adopted by the State of Oklahoma, thereof, as published by the International Code Council, Inc., as the property maintenance code of the City, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of such Property Maintenance Code, one copy of which is on file with the City Clerk, are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in section § 5-65.
[Code 2005 § 22-352]
The International Property Maintenance Code, is hereby revised
and amended as follows:
(1)
Section 101.1. Insert: "City of Cushing" in place of "[NAME OF JURISDICTION]."
(2)
Section 103.6. Amend to provide:
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Fees. Fees for activities and services performed by the City
in carrying out its responsibilities under this code shall be as established
by resolution.
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(3)
Section 111. Amend to provide:
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Section 111.1 Application for appeal. 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 City Manager, provided
that a written application for appeal is filed within 20 days after
the day the decision, notice or order was served. 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 are adequately satisfied by other means, or that the
strict application of any requirement of this code would cause an
undue hardship.
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Section 111.2 Delete (Including deletion of 111.2.1 through
111.2.5).
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Section 111.3 Notice of meeting. The appeal shall be heard,
upon notice from the City Manager, within 20 days of the filing of
an appeal.
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Section 111.4 Open hearing. All hearings before the City Manager
shall be open to the public. The appellant, the appellant's representative,
the code official and any person whose interests are affected shall
be given an opportunity to be heard.
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Section 111.4.1 Procedure. The procedures shall not require
compliance with strict rules of evidence, but shall mandate that only
relevant information be received.
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Section 111.5 Postponed hearing. Either the appellant or the
appellant's representative shall have the right to request a
postponement of the hearing.
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Section 111.6 City Manager's decision. The City Manager
shall modify or reverse the decision of the code official only by
a concurring vote of a majority of the total number of appointed board
members.
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Section 111.6.1 Written decision. The decision of the City Manager
shall be in writing. Certified copies shall be furnished to the appellant
and to the code official.
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Section 111.6.2 Administration. The code official shall take
immediate action in accordance with the decision of the City Manager.
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Section 111.7 Court review. Any person, whether or not a previous
party of the appeal, shall have the right to apply to the appropriate
court for a writ of certiorari to correct errors of law. Application
for review shall be made in the manner and time required by law following
the filing of the decision in the office of the City Clerk.
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Section 111.8 Stays of enforcement. Appeals of notice and orders
(other than imminent danger notices) shall stay the enforcement of
the notice and order until the appeal is heard by the City Manager.
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(4)
Section 303.14. Revise the first clause to provide: "From and after
the effective date hereof," in place of "During the period from [DATE]
to [Date]."
(5)
Section 602.3. Insert "Oct. 1st to March 31st" in place of "[DATE]
to [DATE]."
(6)
Section 602.4. Insert "Oct. 1st to March 31st" in place of "[DATE]
to [DATE]."
