[Ord. No. 2017-1244 § 1, 8-21-2017]
The Council adopts the 2015 Edition of the International Property
Maintenance Code, including Appendix A (as amended), one (1) copy
of which has been on file with the Town Clerk for a period of ninety
(90) days prior to the adoption of this Article, by reference as if
fully set forth in its entirety. At least one (1) copy of the 2015
Edition of the International Property Maintenance Code shall remain
on file in the office of the Town Clerk and shall be kept available
for public use, inspection, and examination.
[Ord. No. 2017-1244 § 2, 8-21-2017]
A. The code adopted by this Article is hereby amended by substituting
the following sections in lieu of those sections with corresponding
numbers in the code, or, where there is no corresponding section in
the code, the following sections shall be enacted as additions to
the code:
1.
Section 101.1 is amended to read as follows:
101.1 Title. These regulations shall be known as
the "Property Maintenance Code of the Town of Carrollton, Missouri,"
hereinafter referred to as "this code."
2.
101.5 Appendix A is hereby adopted as published.
3.
Section 102.3 is amended to read as follows:
102.3 Other codes. References to the International Zoning Code
are deleted from this code.
4.
Section 102.7 is amended to read as follows:
102.7 Referenced standards. The standards referenced
in this code, listed in Chapter 8 and Appendix A, shall be considered
part of the requirements of this code to the prescribed extent of
each such reference. (Other codes shall not apply except individual
regulations of such other codes that are specifically incorporated
by reference into this code). Where differences occur between provisions
of this code and referenced standards, the provisions of this code
shall apply.
5.
SECTION 103 CODES DEPARTMENT.
a.
Section 103.1 is amended to read as follows:
103.1 Code Officer. The administration and enforcement
of this Article shall be the duty of the code officer, who is designated
the code official for purposes of this code by the Town Council. The
code official is hereby authorized to take such action as may be reasonably
necessary to enforce the provisions of this code. Such persons may
be appointed and authorized as assistants or representatives of the
code officer as may be necessary to carry out the provisions of this
code.
b.
Section 103.3 is amended to read as follows:
103.3 Deputies. The Mayor may appoint such deputies
or assistant code official as deemed necessary.
c.
Section 103.4 is amended to read as follows:
103.4 Restriction of employees. An employee connected
with the enforcement of this code shall not be engaged in, or directly
or indirectly connected with, the furnishing of labor, materials,
or appliances for the construction, alteration or maintenance of a
building, or the preparation of construction documents thereof, unless
that person is the owner of the building; nor shall such employee
engage in any work that conflicts with official duties or with interests
of the department.
103.4.1 Liability. Any officer or employee charged
with the enforcement of this code, while acting on behalf of the Town,
shall not thereby render such individual liable personally, and is
hereby relieved from all personal liability for any damage accruing
to persons or property as a result of any act performed in the discharge
of official duties. Any suit instituted against any officer or employee
because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of this code shall be
defended by the legal representative of the jurisdiction until the
final termination of the proceedings. The officer or employee shall
not be liable for costs in any action, suit or proceeding that is
instituted pursuant to the provisions of this code; and any officer
or employee acting within the scope of employment and in good faith
and without malice, shall be free from liability for acts performed
under any of its provisions or by reason of any act or omission in
the performance of official duties in connection therewith. Nothing
contained herein shall be deemed a waiver of the immunities and protection
afforded to the Town or officers and employees pursuant to State and
Federal law.
d.
Section 103.5 is amended to read as follows:
103.5. The fees schedule for activities and services
performed by the Town in carrying out its responsibilities under this
code will be adopted by separate ordinance.
6.
Section 104.3 is amended to read
as follows:
104.3.1 Search warrant.
(a)
If a complaint in writing is filed by the code official with
the judge of the municipal division of the Carroll County Circuit
Court, stating that there is probable cause to believe that a certain
structure or premises, more particularly described therein, is or
may be in violation of this code and is within the territorial jurisdiction
of the Town, and if such complaint is verified by the oath or affirmation
stating evidential facts from which such judge determines the existence
of probable cause, then such judge shall issue a search warrant directed
to the code official commanding the code official to search the structure
or premises therein described. Such search warrant may be executed
and returned only within ten (10) days after the date of its issuance.
The code official shall make a return promptly after concluding the
search, and such return shall contain an itemization of all violations
of this code discovered pursuant to such search. The refusal to admit
the code official to a structure or premises when the code official
is in lawful possession of a search warrant commanding the code official
to enter therein is hereby declared to be a violation of this code.
7.
Section 106.4 is amended to read as follows:
106.4 Penalty for noncompliance or delay.
Any violation of this code is punishable by a fine, combined
with court costs, for violations committed within a twelve-month period
beginning with the first violation: two hundred dollars ($200.00)
for the first violation, two hundred seventy-five dollars ($275.00)
for the second violation, three hundred fifty dollars ($350.00) for
the third violation and four hundred fifty dollars ($450.00) for the
fourth and any subsequent violations.
Every day that a violation continues after the expiration of
the reasonable period of time for the completion of the work specified
by the code officer shall be deemed a separate offense; and provided
that every day that a violation continues in violation of an order
under Sections 107.7 or 107.10 shall be deemed a separate offense.
The Town is not required to prove criminal intent as a part of its
case. It is enough to prove that the defendant either did the act
which was prohibited or failed to do an act which the defendant was
legally required to do.
8.
SECTION 107 DEMOLITION OR REPAIR OF STRUCTURES CONSTITUTING
A PUBLIC NUISANCE.
a.
Section 107.1 is amended to read as follows:
107.1 Structures constituting a public nuisance. All structures which have any of the following defects are public
nuisances:
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(1)
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Those structures whose interior walls or other vertical structural
members list, lean or buckle to such an extent that a plumb line passing
through the center of gravity falls outside of the middle third of
its base.
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(2)
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Those structures which, exclusive of the foundation, show thirty-three
percent (33%) or more of damage or deterioration of the supporting
member or members, or fifty percent (50%) of damage or deterioration
of the non-supporting enclosing or outside walls or covering.
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(3)
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Those structures which have improperly distributed loads upon
the floors or roofs or in which the same are overloaded, or which
have insufficient strength to be reasonably safe for the purpose used.
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(4)
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Those structures which have been damaged by fire, wind or other
causes so as to be dangerous to life, safety, health or welfare of
the occupants or the residents of the Town.
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(5)
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Those structures which are so dilapidated or decayed that they
are a danger to the life, safety, health or welfare of the occupants
or the residents of the Town.
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(6)
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Those structures having inadequate facilities for egress in
case of fire or panic or those having insufficient stairways, elevators,
fire escapes or other means of communication.
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(7)
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Those structures which have parts which are so attached that
they may fall and injure members of the public or property.
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(8)
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Those structures which exist in violation of any provision of
the Building Code of Carrollton, Missouri, or other ordinances of
this Town and which are a danger to the life, safety, health or welfare
of the occupants or residents of the Town.
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(9)
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Those structures which, if occupied, would constitute a hazard
to the safety, health, or welfare of the occupants because they lack
maintenance, are in disrepair, are unsanitary, vermin infested or
rodent infested, lack sanitary facilities or equipment or otherwise
fail to comply with minimum provisions of this code.
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(10)
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Those structures which have unsafe equipment, including any
boiler, heating equipment, elevator, moving stairway, electrical wiring
or device, flammable liquid containers or other equipment on the premises
or within the structure which is in disrepair or conditions that such
equipment is a hazard to life, health, property or safety of the public
or occupants of the premises or structure.
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b.
Section 107.2 is amended to read as follows:
107.2 Notice of violation.
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(a)
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Whenever the code official determines a structure to be a public
nuisance, a notice shall be given to the owner, occupant, mortgagee,
agent and all other persons having an interest in the structure or
premises as shown by the land records of the county recorder of deeds
and if the property is not owner occupied, to any occupant of the
property, who shall be parties to the action. Such notice shall be
in writing and shall:
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(1)
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Include a description of the property sufficient for identification;
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(2)
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Specify the violations of this code constituting a public nuisance;
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(3)
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Specify if the property or any part of it is to be totally or
partially vacated and, if so, the date;
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(4)
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Specify if the property is to be repaired, reconditioned, remodeled,
demolished, placed in a sanitary condition, or made to conform to
the occupancy requirement of this code;
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(5)
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State a time for the commencement of such work and a reasonable
period of time for the completion of such work.
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(b)
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The notice of violation shall be served either by personal service
or by certified mail, return receipt requested or by first class mail
to both the occupant of the property at the property address and the
owner at the last known address of the owner, if not the same. If
service cannot be obtained by either of these methods of service,
then service may be had by publication in a newspaper of general circulation
in the Town and posting on the property. Notice to the owner shall
be at the last known address of the owner.
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(c)
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The notice shall comply in all respects with applicable State
law. Unless a condition presents an immediate, specifically identified
risk to the public health or safety, the notice shall provide a reasonable
time, not less than ten (10) days, in which to abate or commence removal
of each condition identified in the notice.
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c.
Section 107.3 is amended to read as follows:
107.3 Standards. The following standards should
be followed by the code official in ordering repair, reconditioning,
remodeling, total or partial vacation, demolition, or cleaning of
structures constituting a public nuisance.
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(1) If the structure can be reasonably repaired, reconditioned
or remodeled so that it will no longer exist in violation of this
code, it shall be ordered repaired, reconditioned or remodeled.
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(2) If the structure is in such a condition as to make it dangerous
to the health, safety or general welfare of its occupants or any other
person, it shall be ordered repaired, reconditioned, remodeled or
demolished.
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(3) In any case where the structure is fifty percent (50%) damaged,
decayed or deteriorated from its original value or structure, it shall
be vacated, repaired, reconditioned or remodeled and in all cases
where the structure is not or cannot be repaired, reconditioned or
remodeled so that it will no longer exist in violation of the requirements
of this code, it shall be demolished.
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(4) If the structure is a hazard to the safety, health or welfare
of its occupants or of any person because it lacks sanitary facilities
and equipment or is otherwise unsanitary because of an accumulation
of garbage or trash or because of infestation, it shall either be
placed in a clean and sanitary condition or demolished.
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(5) Any structure determined to be unfit for human occupancy
shall be totally or partially vacated within a reasonable period of
time to be determined by the code official. No structure or its affected
part ordered vacated shall again be used or leased for human occupancy
by any occupant or owner until written approval is secured from the
code official.
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d.
Section 107.4 is amended to read as follows:
107.4 Failure to comply with notice of violation. Upon failure of the parties to the action to commence the work specified
within the time specified by the notice of violation issued by the
code official under Section 107.2 or upon failure to proceed continuously
with the work without unnecessary delay in order to complete the work
within the specified period of time, the Mayor or his designee (herein
collectively called "Mayor") may call and have a full adequate hearing
upon the matter.
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e.
Section 107.5 is amended to read as follows:
107.5 Notice of hearing.
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(a)
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Whenever the Mayor calls a hearing under Section 107.4, the
Mayor shall give or cause to be given at least ten (10) days (or such
longer period required by State law) written notice of the hearing
to the owner, occupant, lessee, mortgagee, agent and all other persons
having an interest in the structure or premises as shown by the land
records of the county recorder of deeds. Such notice shall:
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(1)
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Include a description of the property sufficient for identification;
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(2)
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State the time, date and place of the hearing;
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(3)
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State who shall preside at the hearing;
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(4)
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State the notice is being given pursuant to this Section.
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(b)
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The notice of hearing shall be served either by personal service,
by certified mail, return receipt requested, or by first class mail.
If service cannot be obtained by either of these methods of service,
then service may be had by publication in a newspaper of general circulation
in the Town and posting on the property.
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f.
Section 107.6 is amended to read as follows:
107.6 Hearing procedure. The Mayor or his designee
shall preside over the hearing and shall cause the hearing to be suitably
recorded and preserved. Any party may have a copy of all or any part
of the record upon payment of a reasonable charge for reproduction.
All parties must make oral entry of appearance for the benefit of
the record. Oral evidence shall be taken only on oath or affirmation.
Any party may be represented by counsel. All parties shall be given
a full and adequate opportunity to be heard. Hearings need not be
conducted according to the technical rules relating to evidence and
witnesses.
g.
Section 107.7 is amended to read as follows:
107.7 Order of Mayor. After a hearing under Section
107.6, if the evidence supports a finding that the structure is a
nuisance and detrimental to the health, safety or welfare of the residents
of the Town, the Mayor or his designee shall make written and specific
findings of fact based upon competent and substantial evidence, which
show the structure to be a nuisance and detriment to the health, safety
or welfare of the residents of the Town, and the Mayor or his designee
shall order the structure to be repaired, reconditioned, remodeled,
totally or partially vacated, demolished or placed in a sanitary condition.
If the evidence does not support a finding that the structure is a
nuisance or detrimental to the health, safety or welfare of the residents
of the Town, no order shall be issued. Immediately upon reaching a
decision, the Mayor or his designee shall give written notice of the
decision by delivering or mailing to each party, or the party's
attorney of record, a copy of the findings of fact and order, if any.
If notice of the decision cannot be obtained by either of these two
(2) modes of service, then service may be had by posting a copy of
the findings of fact and order, if any, upon the affected property.
h.
Section 107.8 is amended to read as follows:
107.8 Appeals. An aggrieved party may appeal to
the circuit court pursuant to the procedure established in Chapter
536, RSMo.
i.
Section 107.9 is amended to read as follows:
107.9 Special tax bills. If the work or act ordered
by the Mayor or his designee under Section 107.7 is not done within
the time as stated in the order, and if no appeals of the order are
pending, the code officer shall certify such fact to the Town Council.
The Town Council shall consider such certified facts and may order
the work done either by Town employees or bidding the work through
independent contractors. No person shall enter private property to
perform such work unless the property owner or occupant has consented
to the entry or unless the municipal division judge has issued a warrant
for the entry.
The actual cost of the performance, including administrative
costs, shall be submitted to the owner of the property. If the charge
is not paid within thirty (30) days of receipt, the code officer shall
certify the actual cost of performance, including administrative costs
and cost of proof of notices to the finance officer, who shall cause
a special tax bill or add to the annual real estate tax bill against
the property to be prepared and collected. The tax bill from date
of issuance shall be a personal debt against the property owner and
shall also be a lien on the property until paid. Tax bills issued
pursuant to this Section shall bear interest from the date of issuance
at the same rate for delinquent real estate taxes.
j.
Section 107.10 is amended to read as follows:
107.10 Emergency Power. Notwithstanding any other
section of this code, in any case where, in the opinion of the code
official, it reasonably appears there is an immediate danger to the
health, safety or welfare of any person, the code official may take
or order emergency action to vacate and repair or demolish any structure.
The actual cost of performance shall be collected as provided by Section
107.9.
k.
Section 107.11 is amended to read as follows:
107.11 Judicial actions authorized. In case any
order under Section 107.7 or 107.10 is not immediately complied with,
the code official may request the Town attorney or counselor to institute
an appropriate judicial action to compel compliance with this code.
l.
Section 107.12 is amended to read as follows:
107.12 Placarding. Any structure determined by
the code official to be a public nuisance may be posted with a placard
by the code official. The placard shall include the following information
in the form prescribed by the code official: name of Town; name and
address of the code official; section of this code violated; if required
to be vacated, an order that the structure, or its affected part,
must remain vacated until the violations are corrected and the order
to vacate is withdrawn by the code official; date the placard is posted;
and a statement of the penalty for defacing or removing the placard.
m.
Section 107.13 is amended to read as follows:
107.13 Removal of placard. No person shall deface
or remove any placard posted by the code official pursuant to Section
107.12 except by written authority from the code official.
n.
Section 107.14 is amended to read as follows:
107.14 Prohibited occupancy. No person shall occupy
a placarded premises in violation of an order that it be vacated,
and no owner or person responsible for the premises shall allow anyone
to occupy such a placarded premises.
o.
Section 107.15 is amended to read as follows:
107.15 Transfer of ownership. It shall be unlawful
for the owner of any dwelling unit or structure who has received a
compliance order or upon whom a notice of violation has been served
to sell, transfer, mortgage, lease or otherwise dispose of such dwelling
unit or structure to another until the provisions of the compliance
order or notice of violation have been complied with, or until such
owner shall first furnish the grantee, transferee, mortgagee or lessee
a true copy of any compliance order or notice of violation issued
by the code official and shall furnish to the code official a signed
and notarized statement from the grantee, transferee, mortgagee or
lessee, acknowledging the receipt of such compliance order or notice
of violation and fully accepting the responsibility without condition
for making the corrections or repairs required by such compliance
order or notice of violation.
9.
Section 109.2 is amended to read as follows:
109.2.1 Time limit. If an order is issued to board
up the openings of a structure out of compliance with this code, the
structure shall be brought into compliance, and the structure shall
not remain boarded up longer than ninety (90) days from the date of
the notice.
10.
Section 111 is amended as follows:
a.
111 MEANS OF APPEAL: Delete 111.1 to 111.8 and
replace with:
111.1 Application for appeal. Except for appeals
from orders of the Mayor under Section 107.8, any aggrieved person
shall have the right to appeal a decision of the code official to
the Board of Adjustment. Application for appeal must be filed in accordance
with the procedures set out in Section 113 of the Building Code of
Carrollton, Missouri.
11.
Section 112.4 is amended to read as follows:
112.4 Failure to comply. 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 of not less than one hundred
dollars ($100.00) and or more than five hundred dollars ($500.00).
Each day shall be a separate violation.
12.
In 202.0 GENERAL DEFINITIONS, add the following definitions:
Building regulations supervisor. The Code Officer
or the Code Officer's designee.
Structure. That which is built or constructed or
a portion thereof. This definition shall include manufactured housing.
13.
Section 302.4 is amended as follows:
a.
In 302.4 Weeds, insert "seven (7) inches."
b.
Sections 302.4.1 and 302.4.2 are added as follows:
Section 302.4.1 Landscaping: Lawn areas and landscaping
shall be properly maintained by the owner. Plants and grass that have
deteriorated or died shall be replaced and additional planting shall
be provided if required by the Code Official. Screening or additional
planting around refuse containers may also be required to assure the
desirable residential character of the premises. The premises and
exterior property shall be maintained free from grass and weeds in
excess of seven (7) inches.
Section 302.4.2 Tree maintenance and removal: The
maintenance, upon private property, of dead or dying trees or tree
limbs or branches which, by reason of their location, size or state
of deterioration, constitute a danger to the public health, safety
or welfare, or the maintenance upon private property of trees which
are infected with Dutch Elm or other contagious disease or blight,
dangerous to persons, animals, other trees or plant life, is declared
to be a nuisance and must be removed. Tree stumps shall be removed
to grade level and completely ground to blend into the surrounding
yard.
14.
Section 302.7 is amended to read as follows:
302.7 Accessory structures. All accessory structures,
including detached garages, fences, walls, and retaining walls shall
be maintained structurally sound and in good repair.
15.
Section 302.8 is amended to read as follows:
302.8 Motor and non-motorized vehicles. Except
as provided for in other regulations, no inoperative or unlicensed
motor vehicle shall be parked, kept or stored on any premises.
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No licensed or unlicensed utility trailers, boat trailers with
or without a boat, motorized or pull-type camping trailers or any
similar type vehicles shall be parked, kept or stored on an unapproved
surface on any premises, and no vehicle stated above 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.
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Exception: A vehicle of any type is permitted to
undergo major overhaul, including bodywork, provided that such work
is performed inside a garage, structure or similarly enclosed area
designed and approved for such purposes.
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Exception: Lawn and yard vehicles, motorized or
non-motorized, utility trailers or similar type vehicles four (4)
feet wide and eight (8) feet long or smaller and not licensed for
street operation.
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16.
Section 303.2 is amended to read as follows:
303.2.1 Enclosures. Private swimming pools, hot
tubs and spas, capable of holding eighteen (18) inches of water shall
be completely surrounded by a fence or barrier at least forty-eight
(48) inches (1,219 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. The self-latching
device 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 release from an
open position of six (6) inches (152 mm) from the gatepost. No existing
pool enclosures shall be removed, replaced or changed in a manner
that reduces its effectiveness as a safety barrier.
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Exception: Spars or hot tubs with a safety cover
that complies with ASTM F 1346 shall be exempt from the provisions
of this Section.
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17.
Section 303.3 is amended to read as follows:
303.3 Drain cover. All existing swimming pools
shall have an anti-vortex drain cover.
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Exception: Use groups R-3 and R-4
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18.
Section 304.3 is amended to read as follows:
304.3 Street numbers. Each structure to which a
street number has been assigned shall have such number displayed in
a position easily observed and readable from the public right-of-way.
All numbers shall be in Arabic numerals at least four (4) inches high
with one-half-inch stroke and of contrasting color.
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Exception: Existing two-inch-high with one-half-inch
stroke in Arabic numerals that are being maintained and are in good
condition may remain until replaced.
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19.
Section 304.5 is amended to read as follows:
304.5 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. All
cracks that permit the entry of water, insects, or rodents or jeopardize
the support of the structure shall be repaired. Small cracks that
do not exhibit these problems and are three-eighths (3/8) of an inch
or less shall not be required to be repaired.
20.
Section 304.14 is amended to read as follows:
304.14 Insect screens. During the period from April
1 to October 15, every door, window and other outside opening utilized
or required for ventilation purposes serving any structure containing
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 no less than
sixteen (16) mesh per inch, and every swinging door shall have a self-closing
device in good working condition.
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Exception 1: Screen doors shall not be required
for out-swinging doors or other types of openings which make screening
impractical, provided other approved means, such as air curtains or
insect repellent fans are employed.
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Exception 2: Screening is not required for air-conditioned
spaces.
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Exception 3: Screen doors are not required where
there is at least one (1) screened window in the room where the exterior
door is located.
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21.
Section 304.18 is amended to read as follows:
304.18.1.1 Exception: Doors between dwelling units
and fully enclosed, attached garages are not required to have dead
bolt locks. (All other swinging egress doors from structure are required
to have deadbolts.)
22.
Section 307.1 is amended to read as follows:
307.1.1 Guard standards. Guards may be constructed
of slats in a horizontal, vertical or any other pattern and shall
not allow passage of a six-inch-diameter sphere through any opening.
23.
Section 308.2 is amended to read as follows:
308.2.1 Exception: In one- and two-family residences,
the owner or tenant shall provide a leakproof, covered, outside rubbish
container.
24.
Section 308.3 is amended to read as follows:
308.3.1 Exception: In one- and two-family residences,
the owner or tenant shall provide a leakproof, covered, outside garbage
container if there is no food waste grinder or incinerator.
25.
Section 309.4 is amended to read as follows:
309.4 Multiple occupancies. The owner of a structure
containing two (2) or more dwelling units, a multiple occupancy, a
rooming house or a non-residential structure 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.
26.
Section 403.2 is amended to read as follows:
403.2 Exception: Structures and premises in existence
as of adoption of this code may have a mechanical ventilation system
that exhausts air into the attic space, provided the attic space has
adequate ventilation.
27.
Section 404.3 is amended to read as follows:
404.3.1 Exception: Structures and premises in existence
as of adoption of this code shall have a minimum ceiling height of
six (6) feet, six (6) inches for laundry areas, bathrooms, toilet
room and corridors serving only these areas.
28.
Section 602.3 is amended to read as follows:
602.3 Heat supply. Every owner and operator of
any building who rents, leases or lets one (1) or more dwelling units,
rooming units, dormitory or guest rooms on terms, either express or
implied, to furnish heat to the occupants thereof shall supply sufficient
heat during the period from September 1 to June 1 to maintain the
room temperatures specified in Section 602.2 during the hours between
6:30 A.M. and 10:30 P.M. of each day and not less than sixty degrees
Fahrenheit (60° F.) (sixteen degrees Celsius (16° C.)) during
other hours.
29.
In 602.4 Nonresidential structures, insert dates as follows:
September 1 to June 1.
30.
Section 702.4 is amended to read as follows:
702.4.1 Emergency escape. Every sleeping room located
in a basement in occupancies of Use Group 1-1 or R shall have at least
one (1) openable window or exterior door approved for emergency egress
or rescue; or shall have access to not less than two (2) approved
independent exits. Existing windows in a sleeping room shall not be
eliminated.
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Exceptions:
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1.
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Buildings equipped throughout with an automatic fire suppression
system.
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2.
|
Structures in existence as of the adoption of this code and
comply with the following:
|
|
|
a.
|
Smoke detectors shall be installed in all shafts and corridors,
on the ceiling or wall outside or within the vicinity of each separate
bedroom and on each additional story of the dwelling, including the
basements, but not including crawl spaces and uninhabitable attics.
|
|
|
b.
|
Smoke detectors described in Subsection (2)(a) of this exception
shall receive their primary power from the building wiring and when
primary power is interrupted shall receive power from a battery. Wiring
shall be permanent and without a disconnecting switch other than those
required for over-current protection.
|
|
|
c.
|
All smoke detectors shall be interconnected such that the actuation
of one (1) alarm will actuate all the alarms throughout the structure.
This Exception 2 shall not apply to structures that are renovated,
remodeled or altered in excess of fifty percent (50%) of the current
value of the structure.
|
31.
Section 702.5 is amended to read as follows:
702.5 Number of exits. In nonresidential buildings,
every occupied story more than six (6) stories above grade shall be
provided with not less than two (2) independent exits. In residential
buildings, every story exceeding two (2) stories above grade shall
be provided with not less than two (2) independent exits.
|
|
Exceptions: Where any structure is in existence
as of the adoption of this code and complies with one (1) of the following:
|
|
|
1.
|
Buildings equipped throughout with an automatic fire suppression
system.
|
|
|
2.
|
Structures that have previously received a certificate of compliance
or a certificate of occupancy, have been maintained accordingly and
comply with the following:
|
|
|
|
a.
|
Smoke detectors shall be installed in all shafts and corridors,
on the ceiling or wall outside or within the vicinity of each separate
bedroom and on each additional story of the dwelling, including the
basements, but not including crawl spaces and uninhabitable attics.
|
|
|
|
b.
|
Smoke detectors shall receive their primary power from the building
wiring and when primary power is interrupted shall receive power from
a battery. Wiring shall be permanent and without a disconnecting switch
other than those required for over-current protection.
|
|
|
|
c.
|
All smoke detectors shall be interconnected such that the actuation
of one (1) alarm will actuate all the alarms throughout the structure.
This Exception 2 shall not apply to structures that are renovated,
remodeled or altered in excess of fifty percent (50%) of the current
value of the structure.
|
32.
Section 702.6 is amended to read as follows:
702.6 Number of exits in manufactured housing. Every
dwelling unit shall have not less than two (2) doors, or not less
than one (1) door and one (1) unobstructed emergency exit. One (1)
exit shall be located near the front of the dwelling unit, and one
(1) door shall be located near the rear of the dwelling unit. An emergency
exit may be substituted for the rear door when the length of the dwelling
unit does not permit or is not sufficient for the use of two (2) doors.
Each door or exit shall be supplied with a properly installed lock.
33.
Section 702.7 is amended to read as follows:
702.7 Corridor enclosure. All corridors serving
an occupant load greater than thirty (30) and the openings therein
shall provide an effective barrier to resist the movement of smoke.
All transoms, louvers, doors, and other openings shall be closed or
shall be self closing.
|
Exceptions: Where any structure is in existence
as of the adoption of this code and complies with the following:
|
|
1.
|
Buildings equipped throughout with an automatic fire suppression
system.
|
|
2.
|
Structures that have previously received a certificate of compliance
or a certificate of occupancy, have been maintained accordingly and
comply with the following:
|
|
|
a.
|
Smoke detectors shall be installed in all shafts and corridors;
on the ceiling or wall outside or within the vicinity of each separate
bedroom and on each additional story of the dwelling, including the
basements, but not including crawl spaces and uninhabitable attics.
|
|
|
b.
|
Smoke detectors shall receive their primary power from the building
wiring and when primary power is interrupted shall receive power from
a battery. Wiring shall be permanent and without a disconnecting switch
other than those required for over-current protection.
|
|
|
c.
|
All smoke detectors shall be interconnected such that the actuation
of one (1) alarm will actuate all the alarms throughout the structure.
This Exception 2 shall not apply to structures that are renovated,
remodeled or altered in excess of fifty percent (50%) of the current
value of the structure.
|
[Ord. No. 2017-1244 § 3, 8-21-2017]
The portions of this Article shall be severable. In the event
that any portion of this Article is found by a court of competent
jurisdiction to be invalid, the remaining portions of this Article
are valid, unless the court finds the valid portions of this Article
are so essential and inseparably connected with and dependent upon
the void portion that it cannot be presumed that the Town Council
would have enacted the valid portions without the invalid one, or
unless the court finds that the valid portions standing alone are
incomplete and are incapable of being executed in accordance with
the legislative intent.