City of Papillion, NE Property Maintenance Code

The International Property Maintenance Code, 2018 Edition, is hereby amended in the following respects:

Amend Section 202 to delete the definition of "Bedroom" and to insert in lieu thereof an amended definition of "Bedroom," reading as follows:

BEDROOM. Any room in the dwelling unit that is greater than 70 square feet, has a built-in closet space, and typically could be used as a bedroom. Also known as a sleeping room. The term "Bedroom" shall not include rooms used exclusively for cooking, eating, family living or gathering, and also shall not include bathrooms, toilet rooms, halls, storage, utility, workshop space, and all unconditioned space.

Amend Section 202 to delete the definition of "Deterioration" and to insert in lieu thereof an amended definition of "Deterioration," reading as follows:

DETERIORATION. A condition in which a premises, structure, member, or surface is weakened, disintegrated, corroded, rusted, decayed, or has been neglected, such that more than 25% of the premises, structure, member, or surface must be repaired, replaced, or recoated.

Amend Section 202 to add a definition of "Good Condition or Good Repair," reading as follows:

GOOD CONDITION OR GOOD REPAIR. Shall not mean perfect or original condition, but shall mean the premises, structure, member, or surface is in a reasonably acceptable condition suitable for occupancy.

Amend Section 202 to add a definition of "sanitary," reading as follows:

SANITARY. In a good and functional condition.

Amend Section 202 to add the following definition of "Nuisance":

NUISANCE. The term "nuisance," as used in this code, shall include any one or more of the following:

General nuisances. A nuisance consists of doing any unlawful act, or omitting to perform a duty or suffering or permitting any condition or thing which either:

Injures or endangers the comfort, repose, health or safety of others;

Offends decency;

Is offensive to the senses;

Unlawfully interferes with, obstructs, tends to obstruct or renders dangerous for passage any stream, public park or parkway, square, sidewalk, street, highway or other public right of way;

In any way renders other persons insecure in life or the use of property; or

Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.

Specific acts of nuisance. The following specific acts, omissions, places, conditions and things, in addition to all other prohibitions of this code, are hereby declared to be nuisances:

The maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premise, or in or upon any street, avenue, alley, park or parkway, or at any other public or private place, of any one or more of the following conditions or things, to-wit:

(a)

Privies, vaults, cesspools, dumps, pits or like places which are not securely protected from flies or rats.

(b)

Filthy, littered or trash-covered cellars, house yards, barnyards, stable-yards, factory-yards, vacant areas in rear of stores, vacant lots, houses, buildings or premises.

(c)

Liquid household waste, human excreta, garbage, butcher's trimmings and offal, parts of fish or any waste vegetable or animal matter in any quantity.

(d)

Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, broken crockery, broken glass, broken plaster and all trash or abandoned material, unless the same be kept in receptacles as allowed by law.

(e)

Trash, litter, accumulations of barrels, boxes, crates, packing crates, mattresses, bedding, excelsior, packing hay, straw or other packing material, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, or any other waste material, when thrown, deposited, or accumulated on any lot or real estate. Litter includes, but is not limited to: (i) Trash, rubbish, refuse, garbage, paper, rags, and ashes; (ii) wood, plaster, cement, brick, or stone building rubble; (iii) grass, leaves, and worthless vegetation; (iv) offal and dead animals.

(f)

Any machine or machines, vehicle or vehicles, appliance, or parts of a machine or vehicle which have lost their identity, character, utility, or serviceability as such for a period of 30 days or more, through deterioration, dismantling, or the ravages of time, are inoperative or unable to perform their intended functions, or are cast off, discarded, or thrown away or left as waste, wreckage, or junk. A vehicle's lack of a current license or registration shall be presumptive evidence that such vehicle has lost its utility or serviceability.

(g)

Any building, billboard or other structure which violates any standards of the Code and which is a fire hazard or a danger to public health, safety, or welfare.

(h)

All places used or maintained as junkyards or dumping grounds or for the wrecking and dissembling of automobiles, trucks, tractors or machinery of any kind or for the storing or leaving of worn-out, wrecked or abandoned automobiles, trucks, tractors or machinery of any kind or of any of the parts thereof or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which said places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property by others or which are so unsightly as to tend to depreciate property values in the vicinity thereof unless specifically allowed under the City's zoning code, Chapter 205 of this Code.

(i)

Any excessive growth of weeds, grasses, or worthless vegetation which exceeds 12 inches in height from the ground, on any parcel of real estate, including one half of the streets and alleys abutting thereon. Subsequent to the cutting of said weeds, grasses, or worthless vegetation, any of the cut or loose waste not removed and legally disposed of shall constitute a nuisance.

Notwithstanding this subsection, the term nuisance shall not include:

(a)

The composting of organic materials as allowed by law.

(b)

The retention of solid waste in receptacles as allowed by law temporarily while awaiting regularly scheduled collection.

(c)

Items legally maintained or stored as part of a legally licensed or permitted salvage service, recycling processing, or recycling collection business.

(d)

Vegetation applied or grown on a lot or piece of ground within the corporate limits of the City or the City's extraterritorial jurisdiction expressly for the purpose of weed or erosion control.

Add a new Section 301.4 entitled "Nuisances," to read as follows:

301.4 Nuisances.

It shall be unlawful to cause, permit, maintain, or allow a nuisance, as defined in this code. Nothing in this chapter shall affect the prohibitions against, modify the definition of, or prevent the enforcement of nuisance violations as provided elsewhere in the Papillion Municipal Code, including Chapters 85, 109, 125, 135, 158, 166, 190, 205, and 206.

Delete Section 302.4 entitled "Weeds."

Delete Section 302.8 entitled "Motor vehicles."

Add a new Section 302.8 to read as follows:

302.8 Refrigerators and appliances.

Refrigerators, freezers, appliances, and similar equipment not in operation shall not be discarded, abandoned, or stored on the exterior grounds of the premises. Any refrigerator or freezer not in operation and stored in the interior of the premises shall have its doors removed.

Amend Section 303.2, regarding swimming pool enclosures, to read as follows:

303.2 Enclosures

Swimming pools, hot tubs and spas shall have enclosures complying with section 205-218 of the Papillion Municipal Code.

Amend Section 304.1.1, first sentence to add the words "or the International Residential Code" following "the International Existing Building Code".

Amend Section 304.14 to read as follows:

304.14 Insect screens. During the period from April 1 to September 30, every door, window and other outside opening required for ventilation of bathrooms, 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, and every screen door used for insect control shall have a self-closing device in good working condition.

Amend Section 305.1.1, first sentence to add the words "or the International Residential Code" following "the International Existing Building Code."

Amend Section 306.1.1, first sentence to add the words "or the International Residential Code" following "the International Existing Building Code".

Amend Section 307.1, regarding handrails and guardrails and entitled "General," to read as follows:

307.1 General. Every open portion of a stair, landing, balcony, porch, deck, ramp, or other walking surface that is more than 30 inches (762 mm) above the floor or grade below shall have guards. Guards shall be not less than 30 inches (762 mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. Handrails shall be required as provided by the International Residential Code, International Building Code, International Existing Building Code, or other applicable code, as amended.

Exception: For premises that are owner-occupied, the height and dimension requirements of Section 307 shall not apply to handrails and guards permitted by previous regulation or code under which the structure or premises was constructed, altered, or repaired, if such handrails and guards are maintained in good condition. This exception shall not apply to premises that are leased to tenants or otherwise not occupied by the owner of the premises or the owner's immediate family.

Exception: Guards shall not be required where exempted by the adopted building code.

Delete in its entirety Section 308, entitled "Rubbish and Garbage."

Amend Section 401.3 to read as follows:

401.3 Alternative devices.

In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the International Existing Building Code, the International Building Code, or the International Residential Building Code shall be permitted.

Amend Section 402.1, entitled "Habitable spaces," to read:

402.1 Habitable Spaces. Every habitable space shall have not less than one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8% of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room.

Exception 1: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be not less than 8% of the floor area of the interior room or space, or not less than 25 square feet (2.33m²), whichever is greater. The exterior glazing area shall be based on the total floor area being served.

Exception 2: This Section 402.1 shall not apply to a habitable space permitted by previous regulation or code under which the structure or premises was constructed, altered, or repaired.

In Section 403.1, entitled "Habitable spaces," delete the second sentence and insert in lieu thereof the following: "The required window shall be fully openable as designed."

Delete in its entirety Section 404, entitled "Occupancy limitations."

In Section 602.3, entitled "Heat supply," delete the words "from [DATE] to [DATE]," and insert in lieu thereof the words "from October 1 to "April 1".

In Section 602.4, entitled "Occupiable work spaces," delete the words "from [DATE] to [DATE]," and insert in lieu thereof the words "from October 1 to "April 1".

In Section 603.1, entitled "Mechanical equipment and appliances," delete the phrase "a safe working condition" and insert in lieu thereof the phrase "good condition."

In Section 605.2, entitled "Receptacles," delete the phrase "not less than two separate and remote receptacle outlets," and insert in lieu thereof the phrase "not less than one receptacle outlet."

In Section 701.1, entitled "Scope," at the end add the following sentence: "This chapter 7 shall not require upgrades or enhancements to equipment, systems, devices and safeguards permitted by previous regulation or code under which the structure or premises was constructed, altered, or repaired, so long as said equipment, systems, devices, and safeguards remain in functional condition and good repair, and further provided that the structure or premises is not leased to a tenant or otherwise occupied by anyone other than the owner of the premises or the owner's immediate family."

Amend the first paragraph of Section 704.6 to read as follows:

[F] 704.6 Single- and multiple-station smoke alarms. Single- and multiple-station smoke alarms shall be installed in existing Group I-1 and R occupancies that are leased to a tenant and are not occupied by the owner, in accordance with Sections 704.6.1 through 704.6.3.