HomeMy WebLinkAboutDocumentation_Regular_Tab 06_6/11/2020Agenda Item #6.
Regular Council
STAFF MEMO �97
Meeting: Regular Council -Jun 11 2020
Staff Contact: Jose Rodriguez, Building Official Department: Building
ORDINANCE 2-20, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. ARTICLE V. PROPERTY
MAINTENANCE. SECTION 14-121. INTERNATIONAL PROPERTY MAINTENANCE CODE
ADOPTED. TO PROVIDE APPLICABLE CONFLICTS AND ENFORCEMENT CLAUSES AND TO
READOPT THE INTERNATIONAL PROPERTY MAINTENANCE CODE IN PART; PROVIDING
THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 14 SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
DATE, AND FOR OTHER PURPOSES.
The proposed ordinance re -adopts the relevant portions of the International Property Maintenance
Code for code enforcement purposes. Procedural provisions, and provisions that overlap with Village
code or the Florida Building Code are specifically omitted from this adoption. Appendix B will likewise
be edited to illustrate sections that are adopted and used by the Village and sections that are not
adopted.
Approve Ordinance 02-20 on first reading. The Local Planning Agency will then review and make a
recommendation (tentatively May 21) prior to second reading (tentatively June 11).
IPMC Summary Memo
Ord. 20-02 IPMC Revisions First Reading
IPMC Appendix B
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Agenda Item #6.
Q� DAVIS
ASH I'ON, PA.
Keith W. Davis, Esq.
Florida Bar Board Certified Attorney
City, County and Local Government Law
Email: keith@davisashtonlaw.com
MEMORANDUM
TO: Village Council, Village Manager
FROM: Keith Davis, Esq.
DATE: May 5, 2020
RE: Ordinance to revise Village's use of IPMC
The International Property Maintenance Code (IPMC) is a set of property maintenance
and construction standards that serves as a `model' code for buildings and structures.
The IPMC is ideal for municipalities because it generally ensures that structures within
the municipality are occupied and maintained in a manner that safeguards public health,
safety and welfare.
The Village of Tequesta adopts the most recent edition of the IPMC, and the document
is housed in Appendix B of the code of ordinances. The Village historically has cited to
and relied upon key sections of the IPMC for code enforcement of typical "minimum
property standards" types of violations. However, there are also provisions of the IPMC
that the Village does not rely on and in my experience has never relied on. These are
portions of the IPMC that duplicate, conflict with, or may be redundant to existing
provisions of Village Code, state law or the Florida Building Code which the Village does
rely on. A good example are the procedural provisions of the IPMC which vary from the
actual code enforcement process relied upon by the Village, which are derived from state
law.
This ordinance is a Village `revision' of the IPMC, which accepts the portions of the IPMC
we use, and rejects the portions of the IPMC we do not use.
To briefly summarize, the Village is retaining the portions of the IPMC that regulate unsafe
structures, minimum property standards for building exteriors and landscaping, and
occupancy standards. The Village is eliminating portions of the IPMC that duplicate the
Village's own code enforcement processes, as well as a range of sections related to
interior structures, ventilation, plumbing, electrical, and fire safety that duplicate or conflict
with the FBC.
701 Northpoint Parkway, Suite 205, West Palm Beach, FL 33407 1 p 561-586-7116 1 f 561-586-9611
www.davisashtonlaw.com
♦ LEADING ATTORNEYS IN LOCAL GOVERNMENT LAW AND ETHICS
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Agenda Item #6.
ORDINANCE NO.02-20
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 14. BUILDINGS AND BUILDING
REGULATIONS. ARTICLE V. PROPERTY MAINTENANCE. SECTION
14-121. INTERNATIONAL PROPERTY MAINTENANCE CODE
ADOPTED. TO PROVIDE APPLICABLE CONFLICTS AND
ENFORCEMENT CLAUSES AND TO READOPT THE
INTERNATIONAL PROPERTY MAINTENANCE CODE IN PART;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 14 SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.
WHEREAS, in 2003, the Village adopted the most current edition of the International
Property Maintenance Code ("IPMC") to ensure that structures and dwellings within the Village
are occupied and maintained in a manner that safeguards public health, safety and welfare; and
WHEREAS, there are particular sections within the Village -adopted edition of the IPMC
that duplicate, conflict with, or otherwise fail to conform with existing regulations within Village
Code or the Florida Building Code; and
WHEREAS, the Village Council desires to repeal the adoption of the IPMC in its
entirety and re -adopt only relevant and applicable portions of the IPMC, to ensure that all locally
incorporated sections of the IPMC conform with and are subordinate to Village and state
regulations; and
WHEREAS, the Village Council believes these revisions will be in the best interest, and
will promote the health, safety and welfare of the citizens of the Village of Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 14. Buildings and Building Regulations. of the Code of Ordinances
of the Village of Tequesta is hereby amended at Article V. Property Maintenance. Section
14-121. International Property Maintenance Code adopted. to provide applicable conflicts and
enforcement clauses and to re -adopt only relevant and applicable portions of the IPMC, to ensure
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Agenda Item #6.
that all locally incorporated sections of the IPMC conform with and are subordinate to Village
and state regulations, providing that Chapter 14. Article V. Section 14-121 shall read hereafter as
follows:
Sec. 14-121. - International Property Maintenance Code adopted.
The most current edition of the International Property Maintenance Code, of which copies
have been and are now filed in the office of the building official of the village, is hereby adopted
and incorporated in part within Appendix B, and from the date on which this section shall take
effect, those incorporated provisions of the International Property Maintenance Code therein
shall be controlling in the area of jurisdiction of the village.
However, in the event of a conflict between those incorporated provisions of the
International Property Maintenance Code and the village code and/or the Florida Building Code,
the village code and/or Florida Building Code shall apply.
All enforcement of incorporated provisions of the International Property Maintenance Code
shall be enforced in accordance with Chapter 2, Article IV of the village code and Chapter 162,
Florida Statutes.
The village hereby adopts and incorporates the following provisions of the most current
edition of the International Property Maintenance Code:
Cha ter
Section
Subsections
CHAPTER L — SCOPE
Section 101. — General.
Subsection 10 1. 1 Title.
Subsection 101.4 Severabilit .
AND APPLICATION fin
art
Section 108. — Unsafe
Subsection 108.1 General.
Subsection 108.1.1 Unsafe structures.
structures and equipment.
Subsection 108.1.2 Unsafe equipment.
Subsection 108.1.3 Structure unfit for
human occupancy.
Subsection 108.1.4 Unlawful structure.
Subsection 108.1.5 Dangerous structure
or premises.
Subsection 108.2 Closing of vacant
structures,
Subsection 108.3 Notice.
Subsection 108.4 Placarding,
Subsection 108.4.1 Placard removal.
Subsection 108.5 Prohibited
occupancy,
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Agenda Item #6.
Subsection 108.6 Abatement methods.
Section 109. —
Emergency measures.
Subsection 109.1 Imminent danger.
Subsection 109.2 Temporary
safeguards.
Subsection 109.3 Closing streets.
Subsection 109.4 Emergency repairs.
Section 110. —
Demolition.
Subsection 110.1. General.
Subsection 110.3. Failure to com 1 .
CHAPTER 3. -
GENERAL
REQUIREMENTS fin
Section 301. — General.
all sub arts
Subsection 302. L Sanitation.
Subsection 302.2. Grading and
drainage ..
Subsection 302.3. Sidewalks and
Section 302. — Exterior
property areas.
art
driveways.
Subsection 302.5. Rodent harborage,
Subsection 302.6. Exhaust vents.
Subsection 302.7. Accessory Structure.
Subsection 302.9. Defacement of
ro ert .
Section 303. —
Swimming pools, spas
Subsection 303.1 Swimming pools.
and hot tubs.
Section 304. — Exterior
Subsection 304.1. General.
Subsection 304.2. Protective treatment.
structure.
Subsection 304.4. Structural members.
Subsection 304.5. Foundation walls.
Subsection 304.6. Exterior walls.
Subsection 304.7. Roofs and drainage.
Subsection 304.8. Decorative features.
Subsection 304.9. Overhang
extensions.
Subsection 304.10. Stairways, decks,
porches and balconies.
Subsection 304.11. Chimneys and
towers.
Subsection 304.12. Handrails and
guards.
Subsection 304.13. Widows, skylights
and door frames. f with all subparts]
Subsection 304.14. Insect screens.
Subsection 304.19. Gates.
Section 306. —
Component
serviceability,
Subsection 306. L General.
Section 308. — Rubbish
fall subparts]
and garbage.
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Agenda Item #6.
CHAPTER 4. -LIGHT
Section 404. - Occupancy
fall subpartsl
VENTILATION AND
limitations.
OCCUPANCY
LIMITATIONS "inart]
The village expressly does not adopt the followinu provisions of the most current edition of
the International Property Maintenance Code:
Cha ter
Section
Subsections
CHAPTER L — SCOPE
Section 101. — General.
Subsection 101.2 Scope,
Subsection 101.3 Intent
AND APPLICATION fin
art
Section 102. —
Applicabilily,
[all subparts]
Section 103. —
Department of property
fall subpartsl
[all subparts]
maintenance inspection.
Section 104. - Duties and
powers of the code
official.
Section 105. — Approval.
rall sub arts
[all subpartsl
Section 106. —
Violations.
Section 107. — Notices
[all subpartsl
and orders.
Section 107. — Notices
[all subparts]
and orders.
Section 108. — Unsafe
Subsection 108.2.1 Authority to
disconnect service utilities.
Subsection 108.7 Record.
structures and equipment
Section 109. -
Emergency measures.
Subsection 109.5 Costs of emergency
re airs.
Subsection 109.6 Hearin .
Section 110. -
Demolition.
Subsection 110.2 Notices and orders.
Subsection 110.4 Salvage materials.
Section 111. - Means of
[all subparts]
appeal.
Section 112. — Stop work
[all subpartsl
order.
CHAPTER 2. —
DEFINITIONS fin its
entirety
CHAPTER 3. -
GENERAL
REQUIREMENTS fin
Section 302. - Exterior
Subsection 302.4 Weeds.
Subsection 302.8 Motor vehicles.
propelly areas.
Section 303. - Swimming
Subsection 303.2 Enclosures.
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Agenda Item #6.
art]
pools, spas and hot tubs.
Section 304. - Exterior
Subsection 304.1.1 Unsafe conditions.
structure.
Subsection 304.3 Premises
identification.
Subsection 304.15 Doors.
Subsection 304.16 Basement
hatchways.
Subsection 304.17 Guards for basement
windows.
Subsection 304.18 Building security.
[all sub arts
Section 305. - Interior
[all subparts]
structure.
Section 306. —
Subsection 306.1.1 Unsafe conditions.
Component
serviceabilit .
Section 307. - Handrails
[all subparts]
and guardrails.
Section 309. - Pest
[all subparts]
elimination.
CHAPTER 4. - LIGHT,
Section 401. - General.
all sub arts
all sub arts
VENTILATION AND
Section 402. - Li ht.
OCCUPANCY
Section 403. -
[all subparts]
LIMITATIONS "inart]
Ventilation.
CHAPTER 5. —
PLUMBING
FACILITIES AND
FIXTURE
REQUIREMENTS
[entigety
CHAPTER 6. —
MECHANICAL AND
ELECTRICAL
REQUIREMENTS
[enti.r�et
CHAPTER 7. — FIRE
SAFETY
REQUIREMENTS
[entigety
CHAPTER 8. —
REFERENCED
STANDARDS entiret
APPENDIX A -
BOARDING
STANDARD entiret
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Agenda Item #6.
Section 2: Each and every other Section and Subsection of Chapter 14. Buildings and
Building Regulations. shall remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 4: Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon passage.
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Agenda Item #6.
APPENDIX B - INTERNATIONAL PROPERTY MAINTENANCE CODE
In each code development cycle, proposed changes to this code are considered at the Committee
Action Hearings by the International Property Maintenance Code Development Committee,
whose action constitutes a recommendation to the voting membership for final action on the
proposed changes. Proposed changes to a code section having a number beginning with a letter
in brackets are considered by a different code development committee. For example, proposed
changes to code sections that have the letter [F] in front of them (e.g., [F] 704.1) are considered
by the International Fire Code Development Committee at the Committee Action Hearings.
The content of sections in this code that begin with a letter designation is maintained by another
code development committee in accordance with the following:
[A] =Administrative Code Development Committee;
[F] =International Fire Code Development Committee;
[P] =International Plumbing Code Development Committee;
[BE] =IBCEgress Code Development Committee; and
[BG]= IBC —General Code Development Committee.
CHAPTER 1. - SCOPE AND APPLICATION
Section 101. - General.
[A] 101.1 Title. These regulations shall be known as the International Property Maintenance
Code of Tequesta, Florida, hereinafter referred to as "this code."
[A] 101.4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for
any reason, held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this code.
Section 108. - Unsafe structures and equipment.
108.1 General. When a structure or equipment is found by the code official to be unsafe, or
when a structure is found unfit for human occupancy, or is found unlawful, such structure shall
be condemned pursuant to the provisions of this code.
108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to
the life, health, property or safety of the public or the occupants of the structure by not
providing minimum safeguards to protect or warn occupants in the event of fire, or because
such structure contains unsafe equipment or is so damaged, decayed, dilapidated,
structurally unsafe or of such faulty construction or unstable foundation, that partial or
complete col lapse is possible.
108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable liquid containers or other
equipment on the premises or within the structure that is in such disrepair or condition that
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Agenda Item #6.
such equipment is a hazard to life, health, property or safety of the public or occupants of
the premises or structure.
108.1.3 Structure unfit for human occupancy. A structure is unfit for human
occupancy whenever the code official finds that such structure is unsafe, unlawful or,
because of the degree to which the structure is in disrepair or lacks maintenance, is
insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation ,
illumination, sanitary or heating facilities or other essential equipment required by this code,
or because the location of the structure constitutes a hazard to the occupants of the structure
or to the public.
108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to
be occupied by more persons than permitted under this code, or was erected, altered or
occupied contrary to law.
108.1.5 Dangerous structure or premises. For the purpose of this code, any structure
or premises that has any or all of the conditions or defects described as follows shall be
considered to be dangerous:
1. Any door, aisle, passageway, stairway, exit or other means of egress that does not
conform to the approved building or fire code of the jurisdiction as related to the
requirements for existing buildings.
2. The walking surface of any aisle, passageway, stairway, exit or other means of
egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and
adequate means of egress.
3. Any portion of a building, structure or appurtenance that has been damaged by fire,
earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any
other cause to such an extent that it is likely to partially or completely collapse, or
to become detached or dislodged.
4. Any portion of a building, or any member, appurtenance or ornamentation on the
exterior thereof that is not of sufficient strength or stability, or is not so anchored,
attached or fastened in place so as to be capable of resisting natural or artificial
loads of one and one-half the original designed value.
5. The building or structure, or part of the building or structure, because of
dilapidation, deterioration, decay, faulty construction, the removal or movement of
some portion of the ground necessary for the support, or for any other reason, is
likely to partially or completely collapse, or some portion of the foundation or
underpinning of the building or structure is likely to fail or give way.
6. The building or structure, or any portion thereof, is clearly unsafe for its use and
occupancy.
7. The building or structure is neglected, damaged, dilapidated, unsecured or
abandoned so as to become an attractive nuisance to children who might play in
the building or structure to their danger, becomes a harbor for vagrants, criminals
or immoral persons, or enables persons to resort to the building or structure for
committing a nuisance or an unlawful act.
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Agenda Item #6.
8. Any building or structure has been constructed, exists or is maintained in violation
of any specific requirement or prohibition applicable to such building or structure
provided by the approved building or fire code of the jurisdiction, or of any law or
ordinance to such an extent as to present either a substantial risk of fire, building
collapse or any other threat to life and safety.
9. A building or structure, used or intended to be used for dwelling purposes, because
of inadequate maintenance, dilapidation, decay, damage, faulty construction or
arrangement, inadequate light, ventilation , mechanical or plumbing system, or
otherwise, is determined by the code official to be unsanitary, unfit for human
habitation or in such a condition that is likely to cause sickness or dis ease.
10. Any building or structure, because of a lack of sufficient or proper fire-resi stance -
rated construction, fire protection systems, electrical system, fuel connections,
mechanical system, plumbing system or other cause, is determined by the code
official to be a threat to life or health.
11. Any portion of a building remains on a site after the demolition or destruction of the
building or structure or whenever any building or structure is abandoned so as to
constitute such building or portion thereof as an attractive nuisance or hazard to the
public.
108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation
and occupancy, and is not in danger of structural collapse, the code official is authorized to post a
placard of condemnation on the premises and order the structure closed up so as not to be an
attractive nuisance. Upon failure of the owner or owner's authorized agent to close up the
premises within the time specified in the order, the code official shall cause the premises to be
closed and secured through any available public agency or by contract or arrangement by private
persons and the cost thereof shall be charged against the real estate upon which the structure is
located and shall be a lien upon such real estate and shall be collected by any other legal
resource.
108.3 Notice. Whenever the code official has condemned a structure or equipment under the
provisions of this section, notice shall be posted in a conspicuous place in or about the structure
affected by such notice and served on the owner, owner's authorized agent or the person or
persons responsible for the structure or equipment. in accordance with Section 107.3. If the
notice pertains to equipment, it shall be placed on the condemned equipment. The notice shall be
in the form prescribed in Section 107.2.
108.4 Placarding. Upon failure of the owner, owner's authorized agent or person
responsible to comply with the notice provisions within the time given, the code official shall
post on the premises or on defective equipment a placard bearing the word "Condemned" and a
statement of the penalties provided for occupying the premises, operating the equipment or
removing the placard.
108.4.1 Placard removal. The code official shall remove the condemnation placard
whenever the defect or defects upon which the condemnation and placarding action were
based have been eliminated. Any person who defaces or removes a condemnation placard
without the approval of the code official shall be subject to the penalties provided by this
code.
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Agenda Item #6.
108.5 Prohibited occupancy. Any occupied structure condemned and placarded by the code
official shall be vacated as ordered by the code official. Any person who shall occupy a
placarded premises or shall operate placarded equipment, and any owner, owner's authorized
agent or person responsible for the premises who shall let anyone occupy a placarded premises
or operate placarded equipment shall be liable for the penalties provided by this code.
108.6 Abatement methods. The owner, owner's authorized agent, operator or occupant of a
building, premises or equipment deemed unsafe by the code official shall abate or cause to be
abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other
approved corrective action.
Section 109. - Emergency measures.
109.1 Imminent danger. When, in the opinion of the code official, there is imminent
danger of failure or collapse of a building or structure that endangers life, or when any structure
or part of a structure has fallen and life is endangered by the occupation of the structure, or when
there is actual or potential danger to the building occupants or those in the proximity of any
structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases
or materials, or operation of defective or dangerous equipment, the code official is hereby
authorized and empowered to order and require the occupants to vacate the premises forthwith.
The code official shall cause to be posted at each entrance to such structure a notice reading as
follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code
Official." It shall be unlawful for any person to enter such structure except for the purpose of
securing the structure, making the required repairs, removing the hazardous condition or of
demolishing the same.
109.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in
the opinion of the code official , there is imminent danger due to an unsafe condition, the code
official shall order the necessary work to be done, including the boarding up of openings, to
render such structure temporarily safe whether or not the legal procedure herein described has
been instituted; and shall cause such other action to be taken as the code official deems necessary
to meet such emergency.
109.3 Closing streets. When necessary for public safety, the code official shall temporarily
close structures and close, or order the authority having jurisdiction to close, sidewalks, streets,
public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
109.4 Emergency repairs. For the purposes of this section, the code official shall employ
the necessary labor and materials to perform the required work as expeditiously as possible.
Section 110. - Demolition.
110.1 General. The code official shall order the owner or owner's authorized agent of any
premises upon which is located any structure, which in the code official's or owner's authorized
agent judgment after review is so deteriorated or dilapidated or has become so out of repair as to
be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such
that it is unreasonable to repair the structure, to demolish and remove such structure; or if such
structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to
board up and hold for future repair or to demolish and remove at the owner's option; or where
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there has been a cessation of normal construction of any structure for a period of more than two
years, the code official shall order the owner or owner's authorized agent to demolish and remove
such structure, or board up until future repair. Boarding the building up for future repair shall not
extend beyond one year, unless approved by the building official.
110.3 Failure to comply. If the owner of a premises or owner's authorized agent fails to
comply with a demolition order within the time prescribed, the code official shall cause the
structure to be demolished and removed, either through an available public agency or by contract
or arrangement with private persons, and the cost of such demolition and removal shall be
charged against the real estate upon which the structure is located and shall be a lien upon such
real estate.
CHAPTER 3. -GENERAL REQUIREMENTS
User note: About this chapter: Chapter 3 is broad in scope and includes a variety of
requirements for the maintenance of exterior property areas, as well as the interior and exterior
elements of the structure, that are intended to maintain a minimum level of safety and sanitation
for both the general public and the occupants of a structure, and to maintain a building's
structural and weather -resistance performance. Specifically, Chapter 3 contains criteria for the
maintenance of building components; vacant structures and land; the safety, sanitation and
appearance of the interior and exterior of structures and all exterior property areas; accessory
structures; extermination of insects and rodents; access barriers to swimming pools, spas and
hot tubs; vehicle storage and owner/occupant responsibilities.
Section 301. - General.
301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the
responsibilities of persons for maintenance of structures, equipment and exterior property.
301.2 Responsibility. The owner of the premises shall maintain the structures and exterior
property in compliance with these requirements, except as otherwise provided for in this code. A
person shall not occupy as owner -occupant or permit another person to occupy premises that are
not in a sanitary and safe condition and that do not comply with the requirements of this chapter.
Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a
clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit
or premises they occupy and control.
301.3 Vacant structures and land. Vacant structures and premises thereof or vacant land
shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to
cause a blighting problem or adversely affect the public health or safety.
Section 302. - Exterior property areas.
302.1 Sanitation. Exterior property and premises shall be maintained in a clean, safe and
sanitary condition. The occupant shall keep that part of the exterior property that such occupant
occupies or controls in a clean and sanitary condition.
302.2 Grading and drainage. Premises shall be graded and maintained to prevent the
erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure
located thereon.
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Exception: Approved retention areas and reservoirs.
302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces
and similar areas shall be kept in a proper state of repair, and maintained free from hazardous
conditions.
302.5 Rodent harborage. Structures and exterior property shall be kept free from rodent
harborage and infestation. Where rodents are found, they shall be promptly exterminated by
approved processes that will not be injurious to human health. After pest elimination, proper
precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases,
steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly on
abutting or adjacent public or private property or that of another tenant.
302.7 Accessory structures. Accessory structures, including detached garages, fences and
walls, shall be maintained structurally sound and in good repair.
302.9 Defacement of property. A person shall not willfully or wantonly damage, mutilate
or deface any exterior surface of any structure or building on any private or public property by
placing thereon any marking, carving or graffiti.
It shall be the responsibility of the owner to restore said surface to an approved state of
maintenance and repair.
Section 303. - Swimming pools, spas and hot tubs.
303.1 Swimming pools. Swimming pools shall be maintained in a clean and sanitary
condition, and in good repair.
Section 304. - Exterior structure.
304.1 General. The exterior of a structure shall be maintained in good repair, structurally
sound and sanitary so as not to pose a threat to the public health, safety or welfare.
Exceptions:
l . Where substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permit ted where approved by the code
official.
304.2 Protective treatment. Exterior surfaces, including but not limited to, doors, door and
window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good
condition. Exterior wood surfaces, other than decay -resistant woods, shall be protected from the
elements and decay by painting or other protective covering or treatment. Peeling, flaking and
chipped paint shall be eliminated and surfaces repainted. Siding and masonry joints, as well as
those between the building envelope and the perimeter of windows, doors and skylights, shall be
maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be
coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized
and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior
surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
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304.4 Structural members. Structural members shall be maintained free from
deterioration, and shall be capable of safely supporting the imposed dead and live loads.
304.5 Foundation walls. 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 and
other pests.
304.6 Exterior walls. Exterior walls shall be free from holes, breaks, and loose or rotting
materials; and maintained weatherproof and properly surface coated where required to pre vent
deterioration.
304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects
that admit rain. Roof drain age shall be adequate to prevent dampness or deterioration in the
walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained
in good repair and free from obstructions. Roof water shall not be discharged in a manner that
creates a public nuisance.
304.8 Decorative features. Cornices, belt courses, corbels, terra Gotta trim, wall facings and
similar decorative features shall be maintained in good repair with proper anchorage and in a
safe condition.
304.9 Overhang extensions. Overhang extensions including, but not limited to, canopies,
marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained
in good repair and be properly anchored so as to be kept in a sound condition. Where required,
all exposed surfaces of metal or wood shall be protected from the elements and against decay or
rust by periodic application of weather -coating materials, such as paint or similar surface
treatment.
304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and
balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good
repair, with proper anchorage and capable of supporting the imposed loads.
304.11 Chimneys and towers. Chimneys, cooling towers, smoke stacks, and similar
appurtenances shall be maintained structurally safe and sound, and in good repair. Exposed
surfaces of metal or wood shall be protected from the elements and against decay or rust by
periodic application of weather coating materials, such as paint or similar surface treatment.
304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and
capable of supporting normally imposed loads and shall be maintained in good condition.
304.13 Window, skylight and door frames. Every window, skylight, door and frame shall
be kept in sound condition, good repair and weather tight.
304.13.1 Glazing. Glazing materials shall be maintained free from cracks and holes.
304.13.2 Openable windows. Every window, other than a fixed window, shall be easily
openable and capable of being held in position by window hardware.
304.14 Insect screens. During the period from [DATE] to [DATE] , every door, window
and other outside opening required for ventilation of 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
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Agenda Item #6.
tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door
used for insect control shall have aself-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains
or insect repellent fans, are employed.
304.19 Gates. Exterior gates, gate assemblies, operator systems if provided, and hardware
shall be maintained in good condition. Latches at all entrances shall tightly secure the gates.
Section 306. - Component serviceability.
306.1 General. The components of a structure and equipment therein shall be maintained in
good repair, structurally sound and in a sanitary condition.
Section 308. - Rubbish and garbage.
308.1 Accumulation of rubbish or garbage. Exterior property and premises, and the
interior of every structure, shall be free from any accumulation of rubbish or garbage.
308.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a
clean and sanitary manner by placing such rubbish in approved containers.
308.2.1 Rubbish storage facilities. The owner of every occupied premises shall supply
approved covered containers for rubbish, and the owner of the premises shall be responsible
for the removal of rubbish.
308.2.2 Refrigerators. Refrigerators and similar equipment not in operation shall not
be discarded, abandoned or stored on premises without first removing the doors.
308.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean
and sanitary manner by placing such garbage in an approved garbage disposal facility or
approved garbage containers.
308.3.1 Garbage facilities. The owner of every dwelling shall supply one of the
following: an approved mechanical food waste grinder in each dwelling unit; an approved
incinerator unit in the structure available to the occupants in each dwelling unit; or an
approved leakproof, covered, outside garbage container.
308.3.2 Containers. The operator of every establishment producing garbage shall
provide, and at all times cause to be utilized, approved leakproof containers provided with
close -fitting covers for the storage of such materials until removed from the premises for
disposal.
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Agenda Item #6.
CHAPTER 4. - LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS
Section 404. - Occupancy limitations.
404.1 Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory
units shall be arranged to provide privacy and be separate from other adjoining spaces.
404.2 Minimum room widths. A habitable room, other than a kitchen, shall be not less than
7 feet (2134 mm) in any plan dimension. Kitchens shall have a minimum clear passageway of 3
feet (914 mm) between counterfronts and appliances or counterfronts and walls.
404.3 Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas,
bathrooms , toilet rooms and habitable basement areas shall have a minimum clear ceiling height
of 7 feet (2134 mm).
Exceptions:
1. In one- and two-family dwellings, beams or girders spaced not less than 4 feet
(1219 mm) on center and projecting not greater than 6 inches (152 mm) below the
required ceiling height.
2. Basement rooms in one- and two-family dwellings occupied exclusively for
laundry, study or recreation purposes, having a minimum ceiling height of 6 feet 8
inches (2033 mm) with a minimum clear height of 6 feet 4 inches (1932 mm) under
beams, girders, ducts and similar obstructions.
3. Rooms occupied exclusively for sleeping, study or similar purposes and having a
sloped ceiling over all or part of the room, with a minimum clear ceiling height of 7
feet (2134 mm) over not less than one- third of the required minimum floor area. In
calculating the floor area of such rooms, only those portions of the floor area with a
minimum clear ceiling height of 5 feet (1524 mm) shall be included.
404.4 Bedroom and living room requirements. Every bedroom and living room shall
comply with the requirements of Sections 404.4.1 through 404.4.5.
404.4.1 Room area. Every living room shall contain not less than 120 square feet (11.2
m z) and every bedroom shall contain not less than 70 square feet (6.5 m 2) and every
bedroom occupied by more than one person shall contain not less than 50 square feet (4.6 m
2) of floor area for each occupant thereof.
404.4.2 Access from bedrooms. Bedrooms shall not constitute the only means of
access to other bedrooms or habitable spaces and shall not serve as the only means of egress
from other habitable spaces.
Exception: Units that contain fewer than two bedrooms.
404.4.3 Water closet accessibility. Every bedroom shall have access to not less than
one water closet and one lavatory without passing through another bedroom. Every bedroom
in a dwelling unit shall have access to not less than one water closet and lavatory located in
the same story as the bedroom or an adjacent story.
404.4.4 Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for
sleeping purposes.
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Agenda Item #6.
404.4.5 Other requirements. Bedrooms shall comply with the applicable provisions of
this code including, but not limited to, the light, ventilation , room area, ceiling height and
room width requirements of this chapter; the plumbing facilities and water -heating facilities
requirements of Chapter 5; the heating facilities and electrical receptacle requirements of
Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7.
404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than
permitted by the minimum area requirements of Table 404.5.
TABLE 404.5 MINIMUM AREA REQUIREMENTS
SPACE
MINIMUM AREA IN SQUARE FEET
1 2 occupants
3 5 occupants
6 or more occupants
Living room a, b
120
120
150
Dining room a, b
No requirement
80
100
Bedrooms
Shall comply with Section 404.4.1
For SI: 1 square foot = 0.0929 m 2.
a. See Section 404.5.2 for combined living room/dining room spaces.
b. See Section 404.5.1 for limitations on determining the minimum occupancy area for
sleeping purposes.
404.5.1 Sleeping area. The minimum occupancy area required by Table 404.5 shall not
be included as a sleeping area in determining the minimum occupancy area for sleeping
purposes. Sleeping areas shall comply with Section 404.4.
404.5.2 Combined spaces. Combined living room and dining room spaces shall comply
with the requirements of Table 404.5 if the total area is equal to that required for separate
rooms and if the space is located so as to function as a combination living room/dining
room.
404.6 Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from
meeting the following requirements:
1. A unit occupied by not more than one occupant shall have a minimum clear floor area
of 120 square feet (11.2 m 2 ). A unit occupied by not more than two occupants shall
have a minimum clear floor area of 220 square feet (20.4 m 2 ). A unit occupied by three
occupants shall have a minimum clear floor area of 320 square feet (29.7 m z ). These
required areas shall be exclusive of the areas required by Items 2 and 3.
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Agenda Item #6.
2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration
facilities, each having a minimum clear working space of 30 inches (762 mm) in front.
Light and ventilation conforming to this code shall be provided.
3. The unit shall be provided with a separate bathroom containing a water closet, lavatory
and bathtub or shower.
4. The maximum number of occupants shall be three.
404.7 Food preparation. Spaces to be occupied for food preparation purposes shall contain
suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall
be adequate facilities and services for the sanitary disposal of food wastes and refuse, including
facilities for temporary storage.
(Ord. No. 580, § 2, 8-12-2003 ; Ord. No. 5-12, § 1, 5-10-2012)
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