[Ord. 3676 § 1, 2010]
The title of this article shall be the City of Meadville or
Meadville Property Maintenance Code (and may be referred to as “MPMC”).
[Ord. 3676 § 1, 2010]
This property maintenance code is adopted in accordance with authority existing under Sections 4130 and 4131 of the Third Class City Code and Article
III of the Optional Third Class City Charter Law.
[Ord. 3676 § 1, 2010]
The property maintenance code is being adopted to establish
recognized minimal standards for maintenance of property to protect
the health and safety of occupants and the public.
[Ord. 3676 § 1, 2010]
The International Property Maintenance Code, 2009 Edition, as
published by the International Code Council, Inc. (herein referred
to as the “IPMC”), is hereby adopted as the property maintenance
code for the City of Meadville for the regulation and control of buildings,
structures, premises and facilities as therein provided; and each
and all of the regulations, provisions, conditions and terms of this
International Property Maintenance Code are hereby incorporated, adopted,
and made a part hereof as if fully set forth in this code, with the
additions, insertions, deletions, and changes as set forth in this
article.
[Ord. 3676 § 1, 2010]
Sections 101 and 102 of the 2009 IPMC pertaining to applicability
of the Meadville Property Maintenance Code are hereby adopted in their
entirety except as modified by this code.
[Ord. 3676 § 1, 2010]
This property maintenance code shall be administered and enforced
by a code official appointed by the city manager and such deputies
as may be authorized and appointed by the city manager. The code official
and deputies shall meet such standards relating to the property maintenance
code as the manager may establish, shall receive instruction on code
administration and enforcement, and shall be law enforcement officers.
[Ord. 3676 § 1, 2010; Ord. 3749 § 1, 2016; Ord. 3789 §
1, 2021; 8-15-2023 by Ord. No. 3815-2023]
(A) Notice
to Persons Responsible. When the code official determines that a violation
exists, except as otherwise provided in this code, notice shall be
given in the manner set forth below to the owner of the property,
any person in possession of the property, or any other person responsible
for the property or the violation.
In the event the code official determines that action to correct
a violation or to abate a public nuisance may require the demolition
or removal of any structure or part thereof, or other action likely
to cause injury to real or personal property, the code official shall
make reasonable efforts to identify and locate all persons with an
ownership interest in such property and serve them with notice of
any notices and orders affecting said property.
(B) Form
of Notices. Notices shall:
(2) Include a description of the real estate sufficient for identification.
(3) Include a statement of the violation or violations and why the notice
is being issued.
(4) Include a correction order, allowing a reasonable time to take corrective
action or to make the repairs and improvements required to bring the
premises or structure into compliance with the provisions of this
code.
(5) Inform of the right to appeal.
(6) Include a statement regarding the city’s right to take corrective
action under certain circumstances, recover the costs and to seek
penalties as permitted by the code and the law.
(C) Method
of Service. Such notice shall be deemed to be properly served if a
copy thereof is:
(2) Sent by certified mail addressed to the last known address; or
(3) Sent by first-class mail addressed to the last known address; or
(4) If the notice sent by the method in subsection
(C)(2) or
(3) of this section is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place on or about the structure affected by such notice.
(D) If
two notices of violation are issued in any 12-month period for the
same type of violation at the same property against the same person,
no additional notice of violation is required to be issued prior to
seeking corrective action and penalty as permitted by the code and
the law, even if the violation(s) that were the subject of the said
prior notices of violation were rectified in accordance with the requirements
contained in the prior notices of violation. Persons responsible shall
have the opportunity to be heard in any court proceeding instituted
for imposition of a penalty for violation.
[Ord. 3676 § 1, 2010; Ord. 3727 § 1, 2014; Ord. 3749 §
2, 2016; Ord. 3789 § 2, 2021]
(A) Any
person who shall violate a provision of this code, or who shall fail
to comply with any of the requirements of this code, or who shall
fail to comply with an order issued by the code official, shall, except
as otherwise specifically provided in this code, be subject to a fine
or penalty as follows:
(1) No less than $100.00 and no more than $1,000 for the first two continual
and uncorrected violations of the same provision of the code on the
same property.
(2) No less than $100.00 and no more than $5,000 for the third and any
subsequent, continual and uncorrected violation of the same provision
of the code on the same property.
(B) If
a violation of the MPMC is found to pose a threat to the public’s
health, safety or property, then the following penalties shall be
applicable:
(1) A fine of no less than $500.00 and no more than $1,000 for the first
two continual and uncorrected violations of the same provision of
the code on the same property, and no less than $1,000 and not exceeding
$10,000 for the third and any subsequent continual and uncorrected
violation of the same provision of the code on the same property,
or imprisonment for a term not exceeding 90 days, or both.
(2) Under this subsection, no more than one citation may be issued per
five calendar days for a continual and uncorrected violation of the
same provision of this code on the same property.
(C) Specific
Penalty for Properties Deemed a Blighting Influence. If the owner
does not comply with the violation notice or fails to correct the
conditions specified in the violation notice within the required period
of time from the date of the notice from the city, the owner shall
be subject to a fine of $300.00; provided, that it shall be a separate
offense, for which a separate fine may be imposed, for the owner to
fail to secure or seal, under Section 301.3.2, each separate door,
window, or other entrance or opening enumerated in the violation notice,
and provided that each day that each such separate offense continues
after the required period of time has expired shall be a separate
offense for which a separate fine may be imposed.
(D) Any
violation which remains continuing and unabated after adjudication
of a summary offense shall be given no more than 25 days to abate
in subsequent notices of violation before subsequent citations may
be filed. This shall not apply to properties which are deemed a blighting
influence as defined by this code.
[Ord. 3676 § 1, 2010]
Enforcement proceedings may be instituted by the code official
or duly appointed deputies with the approval of the code official
by citation or complaint in the manner provided by the applicable
Pennsylvania Rules of Criminal Procedure, Rules 402 through 424, or
amendments thereto, and the provisions of this code.
[Ord. 3676 § 1, 2010]
The following sections of the 2009 IPMC are not adopted or included
as part of the MPMC:
103
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105.2 and 105.3
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106
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107
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112.4
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[Ord. 3676 § 1, 2010; Ord. 3727 § 1, 2014; Ord. 3735 §
1, 2015; Ord. 3749 § 3, 2016; Ord.
3789 §§ 3 – 7, 2021; 8-15-2023 by Ord. No. 3815-2023]
The following sections of the IPMC adopted hereunder are modified
as follows:
(A) Revise
Section 102.3 to read as follows:
Repairs, additions and alterations to a structure or changes
in occupancy shall be done in accordance of the requirements of the
Pennsylvania Construction Code, as amended from time to time.
(B) Remove
reference to International Zoning Code in Section 201.3.
(C) The
following definitions are added to the definitions in Section 202:
“Blighting Influence” means a residential or commercial
building, or portion of any such building, which lacks framed glass
or plexiglass within designated window areas and/or lacks opening
doors in designated entryways, provided that:
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1.
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the City of Meadville, through its Code Enforcement personnel,
has provided 180 days’ notice to the owner of the property that
the City has determined that the lack of windows and/or entry doors
has a significant adverse influence on the community, which finding
shall be based upon one or more of the following factors:
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a.
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deterioration and/or safety of the property;
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b.
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safety of the surrounding community;
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c.
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the value of intact, occupied properties in the surrounding
vicinity of the property;
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d.
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the marketability of the property; and
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e.
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community morale.
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2.
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The Property owner, within 180 days of the date of the notice,
fails to cure the condition by installation of windows and/or doors.
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“Jurisdiction” shall mean the City of Meadville.
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“Code Official” shall mean the person appointed
by the City Manager to administer and enforce the Property Maintenance
Code, and duly appointed Deputies.
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“Chief Appointing Authority” shall mean the City
Council.
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“Chief Administrative Officer” shall mean the City
Manager.
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“Code” or “MPMC” shall mean the Property
Maintenance regulations adopted by this Ordinance as same may be amended
and the International Property Maintenance Code published by the International
Code Council, 2009 Edition, as modified by this Ordinance.
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“Junk” shall mean any used and discarded or abandoned
materials or articles including, but not limited to, boats, trailers,
machinery, equipment, appliances, house furnishings, structures, recreational
equipment, building materials and debris, vehicle parts, rimless tires,
the scrap and parts thereon and any other article or material which
has been discarded and is not generally useable for the purpose for
which it was manufactured. It shall also mean materials or articles
including, but not limited to grills, building materials, toys, household
goods, lawn mowers and similar equipment, machinery, appliances, house
furnishings, structures, vehicle parts, and any other article or material
which has not been stored in compliance with the following standards,
and remained unused for a period of more than 180 days, whether or
not it is still generally useable for the purpose for which it was
manufactured: (a) Within an enclosed building or structure in a manner
which does not violate any other law and regulation and which does
not cause a public health or safety hazard or public nuisance; or
(b) on a site at least ten (10) feet from all adjoining properties
and twenty-five (25) feet from adjoining public roadways and water
courses, and positioned or maintained in such a manner as to be screened
from the view of adjoining properties and adjoining public roadways
and so as not to cause a public health or safety hazard or public
nuisance.
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“Person” shall mean any individual, partnership,
corporation, association, institution, cooperative enterprise, governmental
entity or agency, or any other legal entity which is recognized by
law. In any provision of this Ordinance prescribing a fine, imprisonment
or penalty, or any combination of the foregoing, the term person shall
include the officers and directors of any corporation or other legal
entity having officers and directors.
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“Responsible Person” or “Person Responsible”
shall mean an owner, renter, tenant, lessor, lessee, manager, agent
or any fiduciary or person with power of attorney or other person
who is occupying or having charge of, possession or control of the
premises or has the authority and ability to act on behalf of, or
in the interest of, the owner.
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(D) Add
new Section 302.1.1 as follows:
302.2.2 Surfaces. Any area not used for buildings, structures,
vehicle access, parking or screening shall be planted with an all-season
ground cover and/or other landscape materials.
(E) Add
Section 302.4.1 to read:
302.4.1 Vehicular and Pedestrian Traffic Obstructions. Trees,
plants, shrubs and other obstructions which constitute a traffic hazard
as set forth below shall be removed or cut back to remove the obstruction.
Obstructions subject to this requirement include those which restrict
the stopping sight distance for drivers of through vehicles or the
available corner sight distance for drivers entering from side roads
or driveways to less than the appropriate minimum stopping sight distance
or minimum corner sight distance standards as established by recognized
traffic safety organizations, and those which significantly restrict
the sight distance to a traffic-control device. Also subject to this
requirement are trees, plants, shrubs and other obstructions which
overhang the public sidewalk within eight (8) vertical feet of grade
or overhang a curb or cartway of a public street within fourteen (14)
vertical feet of grade.
(F) Amend
Section 302.8, entitled “Motor Vehicles,” to read as follows:
For the purposes of this section, "motor vehicles" shall include
any vehicle or conveyance that is required by the Commonwealth of
Pennsylvania to be inspected, licensed, registered or plated to legally
traverse public roadways. This includes but is not limited to motorcycles,
cars, trucks, campers, trailers and recreational vehicles as required
by law.
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302.8.1 No vehicle without current registration or inspection
shall be parked or stored outside of a building or enclosure for more
than sixty (60) days.
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302.8.2 No vehicle in a state of disassembly, such as but not
limited to, a vehicle with a wheel or tire removed for repair, shall
be parked or stored outside of an enclosed building, such as a garage,
for more than sixty (60) days.
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302.8.3 No vehicle in a state of major disassembly, disrepair
or damage requiring substantial repairs or body work shall be parked,
kept or stored outside a building or enclosed area suitable for such
storage, for more than sixty (60) days.
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302.8.4 The prohibitions in Sections 302.8.1, 302.8.2, and 302.8.3
above shall not apply where such vehicles are parked and stored in
specifically designated and approved outdoor areas in conjunction
with a properly permitted and licensed vehicle repair business on
the condition that the storage area is properly screened and secured,
and that vehicles and parts stored on the premises are not stored
for more than (90) days. Appropriate screening shall include fences,
walls, landscape, or evergreens or combination thereof.
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(G) Add
the following sections:
302.10 Maintenance or Storage of Junk. No junk shall be maintained,
stored or accumulated on any property unless it is maintained, stored
or accumulated:
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(1)
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within an enclosed building or structure in a manner which does
not violate any other law and regulation and which does not cause
a public health or safety hazard or public nuisance; or
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(2)
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on a site at least ten (10) feet from all adjoining properties
and twenty-five (25) feet from adjoining public roadways and water
courses, and positioned or maintained in such a manner as to be screened
from the view of adjoining properties and adjoining public roadways
and so as not to cause a public health or safety hazard or public
nuisance.
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302.11 Outdoor Storage of Furniture. Furniture or household
furnishings which deteriorate if exposed to rain or snow or are susceptible
to infestations by insects, rats or other vermin is prohibited from
being placed or stored on exterior property, including open or roofed
decks and open or roofed porches. Such prohibited furniture shall
include, but is not limited to, upholstered couches and chairs, davenports,
mattresses, sofas and other interior-type fabric-covered articles
not designed or intended for use in an exterior area.
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302.12 Rubbish and Garbage.
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(1)
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No rubbish, refuse or garbage shall be accumulated or stored
outside of an enclosed building or structure, except in appropriate
containers which are set outside for collection in the manner required
by Article 931 of the Meadville Municipal Code. Appropriate containers
are those receptacles or bags as required by the City regulations
with contents secured to keep the contents from being scattered or
leaked.
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(2)
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All rubbish, refuse and garbage accumulated or stored inside
of an enclosed building shall be regularly disposed of by use of a
refuse collection service or other lawful means.
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(3)
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No rubbish, refuse or garbage shall be accumulated or stored
inside an enclosed building so as to create a nuisance.
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302.13 Disposal of Certain Materials. No person shall deposit,
or cause to be deposited, any refuse, garbage, offal, pomace, dead
animals, decaying matter or similar substance of any kind in or upon
any premises, building or structure, so that the same shall may afford
food, harborage or breeding areas for vectors, or cause a nuisance.
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302.14 Leaf Burning. The burning of leaves shall be prohibited
at all times and in all places in the City.
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302.15 All animal waste must be kept and maintained so as not
to create a public nuisance. Unless another manure management plan
consistent with recognized standards is approved and implemented,
animal waste must be properly removed from the premises regularly
or composted so as not to create a public nuisance.
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302.16 Filling of Ditches or Watercourses. No person, whether
as owner or occupant of any part of any ditch or watercourse, shall
fill such ditch in such a way as to cause standing pools of water
or to divert the water flow onto adjacent properties. Stagnant pools
of water shall be properly drained. Anyone filling such ditch shall
provide proper drains or culverts to carry off the water that might
collect in the same, in accordance with the requirements of the City
engineers.
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(H) Add
a sentence to Section 303.2, entitled “Enclosures,” as
follows:
Swimming pools whose sides are at least forty-eight (48) inches
in height above the finished ground level and provide approved access
prevention measures, including but not limited to, removable or lockable
ladders or decks with gates that meet the requirements of this Section
are exempt from the fence or barrier requirement.
(I) Section
304.14, Insect Screens. Insert “May 1st to November 1st.”
(J) Amend
the last sentence of Section 304.3, entitled “Premises Identification,”
to read:
Numbers shall be a minimum of three (3) inches high with a minimum
stroke width of one-half (1/2) inch.
(K) Add
Section 304.7.1 to read:
Rainwater leaders, yard drains, footer drains, downspouts, roof
drains, subsoil drains, French drains, sump pumps or other equipment
discharging stormwater or groundwater shall not empty water in a manner
that allows the discharged water to enter or drain directly into or
onto a public sidewalk, a street or public right-of-way. This restriction
shall not apply to downspouts, roof drains or other conveyances carrying
only stormwater that empty into a street that were in place prior
to the adoption date of this code as evidenced by a curb hole, duly
issued permit or other documentation.
(L) Replace
Section 309, “Pest Elimination,” with the following:
309.1 Responsibility for general measures.
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Every occupant of a dwelling containing a single dwelling unit
shall be responsible for the extermination of any insects, rodents
or other pests in the dwelling or on the premises. Every occupant
of a dwelling unit in a dwelling containing more than one dwelling
unit shall be responsible for extermination whenever his or her dwelling
is the only one infested, except that where infestation is caused
by failure of the owner to maintain the dwelling in a rodent-proof
or reasonably insect-proof condition, extermination shall be the responsibility
of the owner. Whenever infestation exists in two or more of the dwelling
units in any dwelling or in the shared or public parts of any dwelling,
extermination shall be the responsibility of the owner. Whenever infestation
exists in any rooming house, extermination shall be the responsibility
of the operator.
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309.2 Protection against rodents.
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309.2.1 No person shall occupy as owneroccupant, or let to another
for occupancy, any dwelling, dwelling unit or rooming unit, unless
every foundation, floor, wall, ceiling, roof, window, exterior door
and basement hatchway is free from openings large enough to permit
the entry of rodents.
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309.2.2 No person shall occupy as owner occupant, or let to
another for occupancy, any dwelling, dwelling unit or rooming unit,
unless every basement or cellar window used or intended to be used
for ventilation, and every other opening to a basement or cellar which
may permit the entry of rodents shall be supplied with a protective
device which will effectively prevent the entry of rodents.
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309.3 Protection against insects. No person shall maintain or
permit to be maintained any receptacle or pool, whether natural or
artificial, containing water in such condition that insects breeding
therein may become a menace to the public health.
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(M) Sections
602.3, entitled “Heat Supply,” and 602.4, entitled “Occupiable
Working Space.” Insert “September 1st to June 1st.”
(N) Section
701.1 is hereby revised to read as follows:
701.1 Scope. The provisions of this chapter together with the
applicable provisions of the International Fire Code published by
the International Code Council and as adopted from time to time as
part of the PA Uniform Construction Code, shall govern the minimum
conditions and standards for fire safety relating to maintenance of
structures and exterior premises, including fire safety facilities
and equipment to be provided.
(O) Add
subsections to Section 301.3, entitled “Vacant Structures,”
to read as follows:
301.3.1 Vacant structures. All vacant structures and portions
thereof shall be maintained in a clean, safe, secure and sanitary
condition, with required windows and entry doors as provided in this
Code, so as not to cause a Blighting Influence or adversely affect
the public health or safety.
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301.3.2 Windows and doors. The owner of a vacant building that
is a Blighting Influence, as defined in this Code, shall secure all
spaces designed as windows with glass or plexiglass windows that have
frames and glazing, and all entryways with doors which open. Sealing
such a property with boards or masonry or other materials that are
not glass/plexiglass windows with frames and glazing, or entry doors,
shall not constitute good repair or an acceptable property condition
and shall be a violation of this Code.
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(P) Amend
Section 403.5 entitled “Clothes Dryer Exhaust” to read:
Clothes dryer exhaust systems shall be independent of all other
systems and shall be exhausted in accordance with the manufacturer's
instruction, but under no circumstances shall they be exhausted inside
of a structure without approved dust and lint interception.
(Q) Add
to Section 304.1, entitled “General,” as follows:
Unapproved materials may not be used for repair or construction
of any building, structure or appurtenance thereof, except as follows:
Clear plastic sheeting may be used to enclose a roofed porch from
October 1 to April 1 only. Material shall be neatly, tightly and uniformly
affixed to the structure to accomplish the intended purpose. Any tears,
rips, or sections that have come away from the structure in any manner
shall be considered a violation of this section.
(R) Add
Section 704, entitled "Fire Protection Systems."
704.1 General. All systems, devices and equipment to detect
a fire, actuate an alarm, or suppress or control a fire or any combination
thereof shall be maintained in an operable condition at all times
in accordance with the International Fire Code.
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704.1.1 Automatic sprinkler systems. Inspection, testing and
maintenance of automatic sprinkler systems shall be in accordance
with NFPA 25.
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704.2 Smoke alarms. Single- or multiple-station smoke alarms
shall be installed and maintained in Groups R-2, R-3, R-4 and in dwellings
not regulated in Group R occupancies, regardless of occupant load
at all of the following locations:
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1.
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On the ceiling or wall outside of each separate sleeping area
in the immediate vicinity of bedrooms.
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2.
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In each room used for sleeping purposes.
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3.
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In each story within a dwelling unit, including basements and
cellars but not included in crawl spaces and uninhabited attics. In
dwellings or dwelling units with split levels and without intervening
doors between the adjacent levels, a smoke alarm installed on the
upper level shall suffice for the adjacent lower level provided that
the lower level is less than one full story below the upper level.
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Single- or multiple-station smoke alarms shall be installed
in other groups in accordance with the International Fire Code.
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704.3 Power source. In Group R occupancies and in dwellings
not regulated as Group R occupancies, single-station smoke alarms
shall receive their primary power from the building wiring provided
that such wiring is served from a commercial source and shall be equipped
with a battery backup. Smoke alarms shall emit a signal when the batteries
are low. Wiring shall be permanent and without a disconnecting switch
other than as required for overcurrent protection.
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Exception: Smoke alarms are permitted to be solely battery operated
in buildings where no construction is taking place, buildings that
are not served from a commercial power source and in existing areas
of buildings undergoing alterations or repairs that do not result
in the removal of interior wall or ceiling finishes exposing the structure,
unless there is an attic, crawl space or basement available which
could provide access of building wiring without the removal of interior
finishes.
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704.4 Interconnection. Where more than one smoke alarm is required
to be installed within an individual dwelling unit in Group R-2, R-3,
R-4 and in dwellings not regulated as Group R occupancies, the smoke
alarms shall be interconnected in such a manner that the activation
of one alarm will activate all of the alarms in the individual unit.
The alarm shall be clearly audible in all bedrooms over background
noise levels with all intervening doors closed.
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Exceptions:
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1.
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Interconnection is not required in buildings which are not undergoing
alterations, repairs or construction of any kind.
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2.
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Smoke alarms in existing areas are not required to be interconnected
where alterations or repairs do not result in the removal of interior
wall or ceiling finishes exposing the structure, unless there is an
attic, crawl space or basement available which could provide access
for interconnection without the removal of interior finishes.
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704.5 Carbon monoxide alarms installation. Carbon monoxide alarms
shall be installed and maintained in Groups R-2, R-3, R-4 and in dwellings
not regulated in Group R occupancies, regardless of occupant load.
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704.6 Carbon monoxide alarms location. Carbon monoxide alarms
must be placed outside of each separate sleeping area in the immediate
vicinity of the bedrooms.
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704.7 Carbon monoxide alarms type. Carbon monoxide alarms may
be battery, plug-in or direct -wired installation, and may be in combinations
with smoke alarms.
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704.8 Listings. Carbon monoxide alarms shall be listed in accordance
with UL 2034. Combination carbon monoxide and smoke alarms shall be
listed in accordance with UL 2034 and UL 217.
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[Ord. 3676 § 1, 2010; Ord. 3789 § 8, 2021]
(A) Removal
of Weeds and High Grass Required. All premises and exterior property
shall be maintained free from weeds or plant growth in excess of 10
inches high. All 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.
(B) High
Grass Notices. Written notice of the violation of this section shall
be given in the manner set forth in MMC 1721.14(B) and (C) except
that only seven days shall be permitted to correct the violation.
If the persons responsible fail to take corrective action to eliminate
the violation(s), no additional notices shall be required for continuing
uncorrected violations of the same provision on the same premises
during the calendar year.
(C) Remedies
for Grass and Weed Violations. Whenever any person permits grass,
weeds or other objectionable vegetation to remain upon premises in
violation of this section and fails to have same removed within five
days, after notice is given, the city is hereby authorized to cause
the same to be removed by the city or a contractor hired by the city
on a biweekly basis if reasonably required without further notice.
The cost of such remedial action and all expenses incidental thereto
together with a penalty of 10 percent of the costs may be collected
from the owner or other person responsible for the premises in any
manner permitted by law. In addition, a municipal lien or claim in
the amount of the costs, related expenses, and penalties may be filed
against the premises which were in violation. In addition, the city
may pursue any and all other lawful remedies for the violation including
prosecution of the offense.
[Ord. 3676 § 1, 2010; Ord. 3789 § 9, 2021; 8-15-2023 by Ord. No. 3815-2023]
(A) Snow,
Ice and Debris to be Removed from Sidewalks. Owners of and persons
responsible for premises located in the City on which are located
sidewalks adjacent to public streets shall keep the sidewalks free
and clear of snow and ice and from debris that poses a hazard to pedestrians
within 24 hours after cessation of any given snowfall.
(B) Snow/Ice
Removal Notices. Written notice of the violation of this section shall
be given in the manner set forth in MMC 1721.14(B) and (C) except
that only seven days shall be permitted to correct the violation.
If the persons responsible fail to take corrective action to eliminate
the violation(s), no additional notices shall be required for continuing
uncorrected violations of the same provision upon the same premises
during the calendar year.
(C) Remedies
for Snow/Ice Removal Violations. If persons responsible fail to remove
snow and ice or debris from sidewalks in accordance with the requirements
of this section, the city is hereby authorized to and may take action
to remove the snow or ice or debris with city personnel or a contractor
hired by the city as often as reasonably required, without further
notice, in order to keep the sidewalk reasonably safe for pedestrian
use. The cost of such remedial action and all expenses incidental
thereto together with a penalty of 10 percent of the costs and expenses
shall be collectible from the owner or other persons responsible in
any manner permitted by law. In addition, the city may file a municipal
lien or claim against the premises in the amount of the unpaid costs,
related expenses including reasonable legal fees and penalty and may
pursue any and all other remedies permitted by law to correct the
violation including prosecution of the offense.
(D) For
the reason that failure to remove ice and snow poses a public health
and safety hazard if uncorrected in a short period of time, citations
may be filed every five days the violations continue without correction
or abatement. No appeal shall be provided from the notice of violation.
Persons responsible shall have the opportunity to be heard in any
court proceeding instituted for imposition of a penalty for violation.
[Ord. 3676 § 1, 2010; Ord. 3789 § 10, 2021]
(A) Accumulations
of Uncollected Garbage and Refuse. No accumulation of garbage, refuse
or rubbish which causes a nuisance or health and safety hazard shall
be permitted in any front or side yard area except as permitted for
collection in accordance with Article 931 MMC.
(B) Refuse
and Garbage Removal Notices. Written notice of the violation of this
section shall be given in the manner set forth in MMC 1721.14(B) and
(C) except that only seven days shall be permitted to correct the
violation. If the persons responsible fail to take corrective action
to eliminate the violation(s), no additional notices shall be required
for continuing uncorrected violations of the same provision upon the
same premises for the calendar year.
(C) Remedies
for Refuse and Garbage Removal Violations. If persons responsible
fail to have the refuse and garbage properly removed in accordance
with the requirements of this section, the city is hereby authorized
to and may take action to remove the refuse and garbage with city
personnel or a contractor hired by the city as often as reasonably
required, without further notice. The cost of such remedial action
and all expenses incidental thereto together with a penalty of 10
percent of the costs and expenses shall be collectible from the owner
or other persons responsible in any manner permitted by law. In addition,
the city may file a municipal lien or claim against the premises in
the amount of the unpaid costs, related expenses including reasonable
legal fees and penalty and may pursue any and all other remedies permitted
by law to correct the violation including prosecution of the offense.
(D) For
the reason that failure to remove refuse and garbage poses a unique
public health and safety hazard if uncorrected in a short period of
time, citations may be filed every five days the violations continue
without correction or abatement. No appeal shall be provided from
the notice of violation. Persons responsible shall have the opportunity
to be heard in any court proceeding instituted for imposition of a
penalty for violation.
[Ord. 3718 § 1, 2013; repealed by Ord. 3749]