The following portions of the 2015 International Property Maintenance Code, published by the International Code Council, are adopted by reference as though they were copied fully in this section:
(1)
Chapter 3.
(Ordinance 01-2021 adopted 2/2/21)
This article shall only apply to downtown property maintenance district, generally described in division 1, section 22-731. This article does not apply to single-family structures, duplexes and accessory structures located on their associated lots within the area.
(Ordinance 01-2021 adopted 2/2/21)
(a)
The following changes, deletions and amendments are made to the specified sections in the 2015 International Property Maintenance Code adopted in section 22-741. Where an adopted section of the 2015 International Property Maintenance Code has not been changed, deleted, or amended by this article, it is adopted as worded in the 2015 International Property Maintenance Code.
(b)
The following sections or subsections are deleted in the entirety:
(1)
Section 302.1 sanitation;
(2)
Section 302.3 sidewalks and driveways;
(3)
Section 302.5 rodent harborage;
(4)
Section 302.6 exhaust vents;
(5)
Section 302.8 motor vehicles;
(6)
Section 302.9 defacement of property;
(7)
All of section 303 swimming pools, spas and hot tubs;
(8)
Section 304.3 premises identification;
(9)
Section 304.14 insect screens;
(10)
Section 304.18 building security;
(11)
All of section 305 interior structure;
(12)
All of section 306 component serviceability;
(13)
All of section 307 handrails and guardrails;
(14)
All of section 308 rubbish and garbage;
(15)
All of section 309 pest elimination.
(Ordinance 01-2021 adopted 2/2/21)
(a)
Where existing conditions require a modification from the standards and regulations herein contained because of a distinct and unusual condition that does not prevail on other properties located in the downtown property maintenance district, the director of development services, hereinafter director, may approve a modification from specific standards to permit the equitable treatment of the structure or tract in light of the unusual condition.
(b)
The director may authorize a modification from these regulations when in his/her opinion deprivation of use of the property will result from requiring strict compliance. The applicant shall have the responsibility of proving that the strict application of this article creates a deprivation of use of property. The following conditions must be present for consideration:
(1)
There are special circumstances or conditions affecting the property involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his property;
(2)
The granting of the modification will not be detrimental to the public health, safety or welfare, or injurious to other property in the area;
(3)
The granting of the modification will not have the effect of preventing the orderly subdivision of other properties in the area in accordance with the provisions of city code;
(4)
A more appropriate solution exists which is not currently allowed in this chapter; and,
(5)
The granting of the modification is harmonious with the engineered design of the infrastructure or structure on adjacent property
(c)
The modification may be granted only when in harmony with the general purpose and intent of this chapter so that the public health, safety, and welfare may be secured and substantial justice is done. Economic hardship to the applicant shall not be deemed to constitute a deprivation of use.
(d)
In granting a modification, the director may require such conditions as will, in his/her judgment, secure substantially the objectives of the standards or requirements so varied or modified and maintain the spirit and intent of the standards herein set forth.
(Ordinance 01-2021 adopted 2/2/21)