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Home My WebLink AboutWCA-00-01CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER woRTH Council Bill No 26 Ordinance No 1210 Series of 2000 TITLE. AN ORDINANCE AMENDING CHAPTER 15 OF THE WHEAT RIDGE CODE OF LAWS BY AMENDING SECTION 15 -1, DEFINITIONS, ADDING SECTIONS 15 -31 THROUGH 15 -34 AND ADDING A NEW ARTICLE III, SECTIONS 15 -40 THROUGH 15 -46, ENTITLED "CLOSURE PROCEDURES FOR SPECIFIED CRIME PROPERTIES " WHEREAS, Section 31- 15- 401(1)(c),C R.S authorizes the City to declare and abate public nuisances; and WHEREAS, Chapter 15 of the Code of Laws presently contains provisions related to nuisance abatement and enforcement; WHEREAS, the City Council wishes to amend Chapter 15 to address, abate and enforce nuisances arising out of criminal conduct occurring on private properties, and WHEREAS, the City Council finds and determines that "specified crime properties" pose a danger to the public health, safety, and general welfare of the citizens of Wheat Ridge and that amendments to Chapter 15 to abate such nuisances through closure procedures is necessary to protect the City's residents BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO Section 1. Section 15 -1, Definitions, of the Code of Laws is hereby amended by adding the following definitions to read "ABATE" SHALL MEAN TO BRING INTO COMPLIANCE, HALT, ELIMINATE OR REMEDY "PROSCRIBED ACT(S)" SHALL MEAN ANY ONE OF THE FOLLOWING (1) PROSTITUTION OR SOLICITATION OF PROSTITUTION, SECTIONS 16 -201 AND 202, RESPECTIVELY, OF THIS CODE OF LAWS, (2) PROFESSIONAL GAMBLING, C R.S. § 18- 10- 102(8), GAMBLING ON PREMISES, C R.S § 18- 10- 102(7), (3) THE MANUFACTURE, CULTIVATION, GROWTH, PRODUCTION, PROCESSING, SALE, DISTRIBUTION, STORAGE OR USE, OR LCK530271353663.02 POSSESSION FOR ANY UNLAWFUL MANUFACTURE, SALE, DISTRIBUTION OR USE OF A CONTROLLED SUBSTANCE, C R.S § 18 -18 -405, EXCEPT FOR POSSESSION OF LESS THAN EIGHT OUNCES OF MARIJUANA, OR ANY IMITATION CONTROLLED SUBSTANCE, C R.S § 18 -18 -421, (4) FELONY OR MISDEMEANOR THEFT BY RECEIVING, C R.S § 18 -4 -410, (5) UNLAWFUL MANUFACTURE, SALE, OR DISTRIBUTION OF DRUG PARAPHERNALIA, C.R.S § 18 -18 -429, (6) PROSTITUTION OF A CHILD, C.R.S § 18 -7- 401(7), SOLICITING FOR CHILD PROSTITUTION, C R.S. § 18 -7 -402, PANDERING OF A CHILD, C R.S § 18 -7 -403, KEEPING A PLACE OF CHILD PROSTITUTION, C.R.S § 18 -7 -404, PIMPING A CHILD, C R.S § 18 -7 -405, OR INDUCEMENT OF CHILD PROSTITUTION, C R.S § 18 -7 -405 5, (7) SEXUAL EXPLOITATION OF CHILDREN, C R.S § 18 -6 -403, (8) THE ENGAGEMENT BY ANY ONE PERSON IN DISTURBING THE PEACE WITHIN THE MEANING OF CODE OF LAWS SECTIONS 16 -101 - 110; (9) A VIOLATION OF ANY PROVISION OF THE COLORADO LIQUOR CODE (C.R.S §12-47-101, ET SEQ.) OR THE COLORADO BEER CODE (C.R.S § 12-46 -101, ET SEQ), (10) A VIOLATION OF ANY PROVISION OF THE COLORADO ESCORT SERVICE CODE, C.R.S § 12 -25 5 -101, ET SEQ., (11) A VIOLATION OF ANY PROVISION OF THE COLORADO MASSAGE PARLOR CODE, C R.S § 12 -48 5 -101, ET SEQ, (12) ANY OFFENSE RELATING TO FIREARMS AND WEAPONS, AS DEFINED IN C R.S §§18-12-102,18-12-107 5, AND 18 -12 -109, (13) TO MAINTAIN, USE, RENT OR LEASE ANY PROPERTY OR SUBUNIT THEREOF INCLUDING SINGLE- FAMILY DWELLINGS, WHERE PEOPLE ARE ALLOWED TO CONGREGATE, GATHER, OR LOITER IN SUCH A MANNER AS TO DISTURB THE PEACE OF OTHER PERSONS LAWFULLY ON THE PROPERTY ITSELF OR LAWFULLY IN THE VICINITY OF THE PROPERTY, (14) TO MAINTAIN OR USE ANY BUILDING OR STRUCTURE WHICH SUBSTANTIALLY INJURES OR ENDANGERS THE COMFORT, HEALTH, REPOSE OR SAFETY OF THE PUBLIC BY REASON LCM\53027\353663.02 -2- OF VANDALISM, INADEQUATE MAINTENANCE, ABANDONMENT OR OTHERWISE INCLUDING a VACANT, INADEQUATELY MAINTAINED, OR BOARDED UP BUILDINGS OR STRUCTURES LOCATED WITHIN 1,000 FEET OF A RESIDENTIAL ZONE DISTRICT WHICH DO NOT SHOW EVIDENCE OF CURRENT CONSTRUCTION OR REMODELING ACTIVITY, OR b VACANT BUILDINGS OR STRUCTURES, REGARDLESS OF PROXIMITY TO A RESIDENTIAL ZONE DISTRICT, WHICH ARE NOT SECURE AND TO WHICH ENTRY MAY BE MADE THROUGH OPENED OR UNLOCKED DOORS, WINDOWS OR OTHER OPENINGS, (15) TO MAINTAIN, USE, RENT OR LEASE ANY PROPERTY OR SUBUNIT THEREOF IN A MANNER OR CONDITION WHICH EXCEEDS THE OCCUPANCY LOAD OF THE PROPERTY OR SUBUNIT THEREOF OR OTHERWISE VIOLATES THE UNIFORM BUILDING CODE, AS ADOPTED AND AMENDED BY THE CITY; Section 2. Section 15 -1, Definitions, of the Code of Laws is hereby amended by amending the following definition to read. "AGENT" SHALL MEAN ANY PERSON AUTHORIZED BY THE OWNER TO ACT AS A REPRESENTATIVE, TENANT OR MANAGER OF OWNER'S REAL PROPERTY Section 3. Section 15 -9, Enforcement and Remedies, of the Code of Laws, is hereby amended by inserting "or Section 15 -33" in subsection (b) to read: (b) Criminal actions When an alleged violation of this chapter has not been abated within the time specified in any notice issued pursuant to section 15 -5(a) OR SECTION 15 -33• Section 4. Article III, Specified Nuisances, of Chapter 15 is hereby amended by adding the following Sections 15 -31 through 15 -34 to read. SEC. 15 -31. NUISANCES INVOLVING PROSCRIBED ACTS. IT IS HEREBY DECLARED TO BE A PUBLIC NUISANCE AND SHALL BE UNLAWFUL FOR ANY OWNER OR AGENT (a) TO COMMIT, CONDUCT, PROMOTE, FACILITATE, ALLOW, FAIL TO PREVENT OR OTHERWISE LET HAPPEN ANY PROSCRIBED ACT, AS DEFINED IN SECTION 15 -1 OF THIS CHAPTER, UPON THE OWNER'S PROPERTY SITUATED WITHIN THE LIMITS OF THE CITY LCMV53027\353663.02 -3- (b) FOR PURPOSES OF THIS SECTION, WHERE A PROSCRIBED ACT REFERENCES A SECTION CONTAINED WITHIN THE STATE STATUTES (C R S), OR THE WHEAT RIDGE CODE OF LAWS, SAID ACTIVITY SHALL HAVE THE SAME DEFINITION AS CONTAINED WITHIN THE STATE STATUTES OR THE CODE OF LAWS BUT SHALL NOT REQUIRE THAT THE ACTIVITY WAS CHARGED OR PROSECUTED TO A FINAL JUDGMENT, SEC. 15 -32. ABATEMENT PROCEDURES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN SECTIONS 15 -33 AND 15 -34, ABATEMENT AND ENFORCEMENT PROCEDURES FOR VIOLATIONS OF SECTION 15 -30 SHALL BE IN ACCORDANCE WITH ARTICLE I OF THIS CHAPTER. SEC. 15 -33. PRIOR NOTIFICATION. (a) AT LEAST FIFTEEN (15) DAYS PRIOR TO THE ISSUANCE OF A MUNICIPAL SUMMONS AND COMPLAINT FOR AN ALLEGED VIOLATION OF SECTION 15 -31, THE CITY SHALL PROVIDE WRITTEN NOTICE IN ACCORDANCE WITH SECTION 15 -5(b) & (c) OF THIS CHAPTER. SEC. 15-34. EFFECT OF ABATEMENT EFFORTS; DEFENSE TO ACTION. (a) IF AN OWNER OR AGENT IS LEASING THE PROPERTY TO ONE OR MORE TENANTS AND THE ALLEGED VIOLATION(S) UNDER SECTION 15 -30 WAS COMMITTED BY ONE OR MORE OF THE TENANTS OR OCCUPANTS OF THE PROPERTY, IT SHALL BE A DEFENSE TO AN ACTION UNDER THIS ARTICLE THAT SAID PERSON HAS (i) EVICTED, OR ATTEMPTED TO EVICT BY COMMENCING AND PURSUING WITH DUE DILIGENCE APPROPRIATE COURT PROCEEDINGS, ALL OF THE TENANTS AND OCCUPANTS OF THE PROPERTY THAT COMMITTED SUCH VIOLATIONS THAT CONSTITUTE THE ALLEGED PUBLIC NUISANCE, AND (ii) HAS, CONSIDERING THE NATURE AND EXTENT OF THE SEPARATE VIOLATIONS, UNDERTAKEN AND PURSUED WITH DUE DILIGENCE REASONABLE MEANS TO AVOID A RECURRENCE OF SIMILAR VIOLATIONS ON THE PROPERTY BY THE PRESENT AND FUTURE TENANTS AND OCCUPANTS OF THE PROPERTY. (b) SUCH DEFENSE SHALL BE AN ABSOLUTE DEFENSE WHICH IS AVAILABLE TO THE OWNER OR AGENT ONLY AS TO THE FIRST LCM\530271353663.02 -4- CAUSE OF ACTION BROUGHT BY THE CITY FOR ALLEGED VIOLATIONS OF SECTION 15 -30 ANY SUBSEQUENT CAUSE OF ACTION ALLEGING A VIOLATION OF SECTION 15 -30 SHALL NOT ENTITLE SUCH OWNER OR AGENT TO SAID DEFENSE Section 5. Article III, Reserved, of Chapter 15 is hereby amended to add the following Sections 15 -40 through 15 -46 to read ARTICLE III. CLOSURE PROCEDURES FOR SPECIFIED PROPERTY CRIME PROPERTY SEC. 15-40. DEFINITIONS. THE FOLLOWING WORDS, TERMS AND PHRASES, WHEN USED IN THIS ARTICLE SHALL HAVE THE MEANINGS ASCRIBED TO THEM IN THIS SECTION, EXCEPT WHERE THE CONTEXT CLEARLY INDICATES A DIFFERENT MEANING CHARGEABLE OFFENSE MEANS AN ACT OR OMISSION THAT CONSTITUTES ANY PROSCRIBED ACT AS DEFINED IN SECTION 15- 1 OF THIS CHAPTER. CHIEF OF POLICE INCLUDES ANY PERSON DESIGNATED BY THE POLICE CHIEF AS HIS OR HER DELEGATE IN THE ENFORCEMENT OF THIS ARTICLE. COURT MEANS THE CITY OF WHEAT RIDGE MUNICIPAL COURT KNOWLEDGE MEANS WHAT AN OBJECTIVE, REASONABLY CAUTIOUS PERSON WOULD HAVE KNOWN UNDER SIMILAR CIRCUMSTANCES PERSON MEANS ANY NATURAL PERSON, ASSOCIATION, PARTNERSHIP, OR CORPORATION CAPABLE OF OWNING OR USING PROPERTY IN THE CITY SPECIFIED CRIME PROPERTY MEANS ANY PROPERTY OR STRUCTURE WHEREIN FIVE (5) OR MORE CHARGEABLE OFFENSES INVOLVING ANY PROSCRIBED ACT AS DEFINED IN SECTION 15 -1 OF THIS CHAPTER HAVE OCCURRED WITHIN A TWELVE MONTH PERIOD; PROVIDED, HOWEVER, THAT WITHIN FIFTEEN (15) DAYS OF EACH CHARGEABLE OFFENSE, EXCEPT THE FIFTH AND FINAL CHARGEABLE OFFENSE NEEDED TO PROVE THE EXISTENCE OF A SPECIFIED CRIME PROPERTY UNDER THIS ARTICLE, THE CITY HAS SENT NOTICE OF SUCH OFFENSE TO THE OWNER AND OCCUPANT IN ACCORDANCE WITH SECTION 15 -33 LCM \53027 \353663.02 -5- STRUCTURE MEANS ANY TYPE OF BUILDING, DWELLING, EDIFICE, ENCLOSURE, GARAGE, HOUSE, ROOM, SHED, SHOP, STORE, WAREHOUSE, OR UNIT THEREOF SEC. 15-41. SPECIFIED CRIME PROPERTY PROHIBITED. (a) IT IS UNLAWFUL FOR ANY STRUCTURE TO BE EMPLOYED OR USED AS SPECIFIED CRIME PROPERTY WITHIN THE CITY IF A STRUCTURE IS FOUND TO BE USED OR EMPLOYED IN VIOLATION OF THIS SECTION, IT IS SUBJECT TO CLOSURE FOR A PERIOD OF UP TO ONE YEAR. (b) IT IS UNLAWFUL FOR ANY PERSON TO EMPLOY, USE, OR MAINTAIN, OR MAKE AVAILABLE OR ALLOW THE EMPLOYMENT, USE, OR MAINTENANCE OF STRUCTURES AS SPECIFIED CRIME PROPERTY WITHIN THE CITY ANY PERSON WHO FAILS TO VOLUNTARILY CEASE THE USE OR OCCUPANCY OF A STRUCTURE AS REQUIRED BY THIS ARTICLE MAY BE REMOVED PURSUANT TO A COURT ORDER AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD BEFORE THE COURT SEC. 15-42. CLOSURE PROCEDURE. (a) WHEN THE CHIEF OF POLICE BELIEVES THAT A STRUCTURE IS BEING EMPLOYED, USED, OR MAINTAINED IN VIOLATION OF SECTION 15 -41, THE CHIEF OF POLICE MAY COMMENCE PROCEEDINGS TO CAUSE THE CLOSURE OF THE STRUCTURE. EXCEPT IN CASES BROUGHT PURSUANT TO SECTION 15 -45, THE CHIEF OF POLICE SHALL. (1) NOTIFY THE OWNER OF RECORD IN WRITING THAT THE STRUCTURE HAS BEEN DETERMINED TO BE SPECIFIED CRIME PROPERTY. THE NOTICE SHALL CONTAIN THE FOLLOWING INFORMATION. THE STREET ADDRESS OR A LEGAL DESCRIPTION SUFFICIENT FOR IDENTIFICATION OF THE PREMISES ON WHICH THE STRUCTURE IS LOCATED b A STATEMENT THAT THE CHIEF OF POLICE HAS FOUND THE STRUCTURE TO BE IN VIOLATION OF THIS ARTICLE WITH A CONCISE DESCRIPTION OF THE CONDITIONS LEADING TO HIS OR HER FINDINGS. (2) CAUSE A COPY OF THE NOTICE TO BE SERVED ON THE OWNER OR HIS OR HER AGENT AT LEAST TEN DAYS PRIOR TO THE COMMENCEMENT OF ANY JUDICIAL ACTION BY THE CITY SERVICE SHALL BE MADE EITHER PERSONALLY OR LGW53027%353663.02 -6- BY MAILING A COPY OF THE NOTICE BY CERTIFIED MAIL, POSTAGE PREPAID, WITH RETURN RECEIPT REQUESTED, TO THE PERSON AT HIS OR HER ADDRESS AS IT APPEARS ON THE LAST TAX ASSESSMENT OR AS MAY BE OTHERWISE KNOWN TO THE CHIEF OF POLICE. (3) CAUSE A COPY OF THE NOTICE TO BE SERVED IN PERSON OR BY CERTIFIED MAIL, POSTAGE PREPAID , WITH RETURN RECEIPT REQUESTED TO THE OCCUPANT OF THE STRUCTURE NOT LESS THAN TEN DAYS TO THE COMMENCEMENT OF ANY JUDICIAL PROCEEDING (4) CAUSE A COPY OF THE NOTICE TO BE POSTED UPON THE PROPERTY NOT LESS THAN TEN DAYS PRIOR TO THE COMMENCEMENT OF ANY JUDICIAL PROCEEDINGS (b) THE FAILURE OF ANY PERSON OR OWNER TO RECEIVE ACTUAL NOTICE OF THE DETERMINATION BY THE CHIEF OF POLICE SHALL NOT INVALIDATE OR OTHERWISE AFFECT THE PROCEEDINGS UNDER THIS ARTICLE (c) AFTER ISSUANCE OF A NOTICE AS PROVIDED IN THIS SECTION, THE CITY MAY COMMENCE CIVIL PROCEEDINGS IN COURT SEEKING THE CLOSURE OF THE STRUCTURE AS WELL AS THE IMPOSITION OF CIVIL PENALTIES AGAINST ANY OR ALL THE OWNERS THEREOF AND ANY SUCH OTHER RELIEF AS MAY BE DEEMED APPROPRIATE NO FEES SHALL BE ASSESSED FOR FILING PLEADINGS IN CONNECTION WITH THE ENFORCEMENT OF THIS ARTICLE SEC. 15-43. ENFORCEMENT OF CLOSURE ORDER; COSTS; CIVIL PENALTY. (a) IF A COURT FINDS THAT A STRUCTURE CONSTITUTES SPECIFIED CRIME PROPERTY AS DEFINED IN THIS ARTICLE, THE COURT MAY ORDER THAT IT SHALL BE CLOSED FOR A PERIOD OF TIME NOT TO EXCEED ONE YEAR, PROVIDED THAT THE FOLLOWING MINIMUM STANDARDS MAY APPLY' (1) FOR THE FIRST CLOSURE ORDER APPLICABLE TO THE PROPERTY, A MINIMUM OF ONE MONTH; (2) FOR THE SECOND CLOSURE ORDER APPLICABLE TO A PROPERTY, A MINIMUM OF TWO MONTHS; THE COURT SHALL ALSO ORDER THAT THE OWNER PAY TO THE CITY A CIVIL PENALTY OF $500, AND IN ADDITION, IN THE DISCRETION OF THE COURT, A FURTHER CIVIL LCM \53027\353663.02 -7- PENALTY OF $50 00 FOR EACH DAY THE OWNER HAD KNOWLEDGE OF ACTIVITIES OR CONDITIONS AT THE STRUCTURE CONSTITUTING A VIOLATION OF THIS ARTICLE (b) THE COURT MAY ALSO AUTHORIZE THE CITY TO PHYSICALLY SECURE THE STRUCTURE AGAINST USE OR OCCUPANCY IF THE OWNER FAILS TO DO SO WITHIN THE TIME SPECIFIED BY THE COURT IF THE CITY IS AUTHORIZED TO SECURE THE PROPERTY, ALL COSTS REASONABLY INCURRED BY THE CITY TO EFFECT A CLOSURE SHALL BE MADE AN ASSESSMENT LIEN UPON THE PROPERTY. AS USED IN THIS SUBSECTION, THE TERM "COSTS' MEANS THOSE COSTS ACTUALLY INCURRED BY THE CITY FOR THE PHYSICAL SECURING OF THE STRUCTURE THE DEPARTMENT OF PLANNING AND DEVELOPMENT SHALL PREPARE A STATEMENT OF COSTS TO BE USED FOR THE LABOR AND MATERIALS LIENS IMPOSED BY THIS ARTICLE SHALL BE COLLECTED IN ALL RESPECTS AS PROPERTY TAXES (c) ANY PERSON WHO IS ASSESSED THE COSTS OF CLOSURE OR A CIVIL PENALTY BY THE COURT SHALL BE PERSONALLY LIABLE FOR THE PAYMENT THEREOF TO THE CITY (d) THE OWNER MAY APPLY TO RELIEF FROM SUCH CLOSURE PROVIDED BY SECTION 15 -46 THE COURT AT ANY TIME FOR ORDER AND JUDGMENT AS SEC. 1544. COMMENCEMENT OF ACTIONS; BURDENS OF PROOF; DEFENSES; MITIGATION OF CIVIL PENALTY. (a) EXCEPT IN A PROCEEDING UNDER SECTION 15 -45 (EMERGENCY CLOSURES), IF AFTER THE COMMENCEMENT BUT PRIOR TO THE TRIAL BROUGHT BY THE CITY PURSUANT TO THIS ARTICLE AN OWNER SPECIFICALLY STIPULATES TO ABATEMENT OF THE CONDITIONS GIVING RISE TO THE VIOLATION, THE CITY MAY AGREE TO STAY THE PROCEEDINGS THE CITY MAY SEEK RELIEF FROM ANY STAYED PROCEEDINGS WHERE THE OWNER FAILS TO PROCEED WITH ABATEMENT AS STIPULATED (b) IN AN ACTION SEEKING THE CLOSURE OF A PROPERTY OR STRUCTURE AS SPECIFIED CRIME PROPERTY, THE CITY SHALL HAVE THE INITIAL BURDEN OF PROOF TO SHOW BY A PREPONDERANCE OF THE EVIDENCE THAT THE PROPERTY OR STRUCTURE IS A SPECIFIED CRIME PROPERTY (c) IN AN ACTION SEEKING CIVIL PENALTIES FROM AN OWNER, THE CITY SHALL HAVE THE INITIAL BURDEN OF PROOF TO SHOW LCW5302M53663.02 -8- BY A PREPONDERANCE OF THE EVIDENCE THAT THE OWNER HAD KNOWLEDGE OF ACTIVITIES OR CONDITIONS AT THE PROPERTY OR STRUCTURE CONSTITUTING A VIOLATION OF THIS ARTICLE (d) IN ESTABLISHING THE AMOUNT OF ANY CIVIL PENALTY, THE COURT SHALL CONSIDER ANY OF THE FOLLOWING FACTORS, AS THEY MAY BE APPROPRIATE, AND SHALL CITE THOSE FOUND APPLICABLE (1) THE ACTIONS TAKEN BY THE OWNER TO MITIGATE OR CORRECT THE CONDITIONS GIVING RISE TO THE CLOSURE OF THE SPECIFIED CRIME PROPERTY, (2) THE FINANCIAL CONDITION OF THE OWNER, (3) THE MAGNITUDE OR GRAVITY OF THE CONDITIONS GIVING RISE TO THE CLOSURE OF THE SPECIFIED CRIME PROPERTY, (4) THE ECONOMIC OR FINANCIAL BENEFIT ACCRUING OR LIKELY TO ACCRUE TO THE OWNER AS A RESULT OF THE CONDITIONS GIVING RISE TO THE CLOSURE OF THE SPECIFIED CRIME PROPERTY, (5) THE COOPERATIVENESS OF THE OWNER WITH THE CITY, (6) THE COST TO THE CITY OF INVESTIGATING AND CORRECTING OR ATTEMPTING TO CORRECT THE CONDITIONS GIVING RISE TO THE CLOSURE OF THE SPECIFIED CRIME PROPERTY; AND (7) ANY OTHER FACTOR DEEMED BY THE COURT TO BE RELEVANT SEC. 15-45. CLOSURE DURING PENDENCY OF ACTION; EMERGENCY CLOSURES. IF IT IS DETERMINED THAT THE PROPERTY OR STRUCTURE IS AN IMMEDIATE THREAT TO THE PUBLIC SAFETY AND WELFARE, THE CITY MAY APPLY TO THE COURT FOR SUCH IMMEDIATE EX PARTE INTERIM RELIEF THAT IS DEEMED APPROPRIATE WITHOUT PRIOR NOTIFICATION PURSUANT TO SECTION 15- 42(A). THE COURT SHALL ORDER THE FORTHWITH SERVICE OF THE NORMAL PLEADINGS TOGETHER WITH A COPY OF EMERGENCY ORDER. LCM\53027 \353663.02 -9- SEC. 15-46. RELIEF FROM CLOSURE ORDER. (a) AN OWNER OF A PROPERTY OR STRUCTURE DETERMINED TO BE SPECIFIED CRIME PROPERTY MAY OBTAIN RELIEF FROM THE COURT'S JUDGMENT IF THE OWNER. (1) APPEARS AND PAYS ALL COSTS ASSOCIATED WITH THE PROCEEDINGS UNDER THIS ARTICLE, (2) FILES A BOND IN SUCH A PLACE AND ON SUCH FORM AS THE COURT MAY BY ORDER DIRECT IN AN AMOUNT NOT LESS THAN THE TAX- ASSESSED VALUE OF THE PROPERTY OR STRUCTURE AND KEEPS THE BOND IN FORCE FOR A PERIOD OF NOT LESS THAN ONE YEAR OR FOR SUCH LONGER PERIOD AS THE COURT DIRECTS, AND (3) ENTERS INTO A STIPULATION WITH THE CITY THAT THE OWNER WILL IMMEDIATELY ABATE THE CONDITIONS GIVING RISE TO THE SPECIFIED CRIME PROPERTY AND WILL UNDERTAKE AND PURSUE WITH DUE DILIGENCE REASONABLE MEANS TO AVOID AND PREVENT SUCH UNLAWFUL CONDITIONS FROM BEING ESTABLISHED OR MAINTAINED THEREAFTER. THE STIPULATION SHALL BE MADE PART OF THE COURT'S FILE. (b) IF THE OWNER VIOLATES THE TERMS OF THE STIPULATION, THE CITY MAY THEREAFTER APPLY TO THE COURT FOR AN ORDER AWARDING UP TO THE ENTIRE AMOUNT OF THE BOND TO THE CITY AS A PENALTY AS WELL AS SUCH OTHER RELIEF, INCLUDING CLOSURE FOR ANY ADDITIONAL PERIOD OF UP TO ONE YEAR, THAT IS DEEMED BY THE COURT TO BE APPROPRIATE Section 6. Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 7. Severabiltty; Conflicting Ordinances Repeated If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed LCM153027\353663.02 - - 10- Section 8. Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5 11 of the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of s to 0 on this 25th day of September 2000, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for October 23 , 2000, at 7 00 o'clock p m , in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 5 to 3 this 23rd day of October 2000 SIGNED by the Mayor on this 26th day of October , 2000 ATTEST Wanda Sang, City Clerk First Publication September Second Publication November Wheat Ridge Transcript Effective Date: November 13, 29, 2000 3, 2000 2000 Gretchen Cerveny, aayor , 1 LCM \53027\353663.02 -11 - L CITY COUNCIL MINUTES: October 23, 2000 Page -2 - A PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 26 - An ordinance amending Chapter 15 of the Wheat Ridge Code of Laws by amending Section 15 -1, Definitions, adding Sections 15 -31 through 15- 34 and adding a new Article III, Sections 15-40 through 15-46, entitled "Closure Procedures for Specified Crime Properties ". Council Bill 26 was introduced on second reading by Mrs. Worth, who also read the title and summary; Clerk assigned Ordinance No. 1210. Motion by Mrs. Worth to approve Council Bill 26 (Ordinance 1210) with the following conditions: This Ordinance will apply to hotels, motels, and apartments of 10 or more units; Section 15-43 (a) be amended to read "At the discretion of the court, the court may find that a structure constitutes specified crime property as defined in this article. The court may order that it should be closed for a period of time not to exceed 1 year, provided that the following minimum standards shall apply'; seconded by Mrs. Shaver. Mr. Siler will vote against this motion because the list of items in Section 1. should be applied fairly across the entire City. Mr. Edwards agrees with Mr. Siler and feels that quality of life issues and maintenance of buildings need to apply to the entire City. Motion by Mr. DiTullio for a substitute motion to approve Council Bill 26 (Ordinance 1210) as stated in the packet; seconded by Mr. Edwards. Motion by Mrs. Shaver for an amendment to Mr. DiTullio's motion that Section 1. (14) be changed to read "..to maintain or use any building or structure which substantially injures or endangers the health, safety, or welfare of the public by reason of inadequate maintenance." To add Section (15) to maintain vacant buildings or structures which are not secure and to which entry may be made through opened or unlocked doors, windows or other openings. And to renumber previous Section 15 to 16; seconded by Mrs. Worth. Mr. Edwards will vote no for the same reasons he previously stated; we have an Ordinance that will put some teeth into the law dealing with vacant buildings and poorly maintained buildings and doesn't want to tie our hands or restrict us like this amendment will do. Motion failed 3 -5 with Councilmembers Figlus, Shaver, and Worth voting yes. Motion by Ms. Figlus for an amendment to Section 15-43 (a) to change the word "shall" to "may'; seconded by Mrs. Worth; tied 4-4 with Councilmembers Hanley, Shaver, Worth, and Figlus voting yes. Mayor broke the tie by voting yes; motion carried 5-4. • • k1ii COUNCIL MINUTES: October 23, 2000 Page - 3 - Vote on substitute motion as amended carried 5 -3 with Councilmembers Shaver, Worth, and Figlus voting no. Vote on original motion as amended carried 5 -3 with Councilmembers Shaver, Worth, and Figlus voting no. Item 2. Application by Nextel Communications for approval of an amendment to a Planned Industrial Development final development plan for property located at 4836 Van Gordon Street. (Case No. WZ- 00 -07) (TO BE CONTINUED TO NOVEMBER 13, 2000) Motion by Mr. DiTullio to continue this item to November 13, 2000; seconded by Mr. Mancinelli; carried 8 -0. 0 0 ORDINANCES ON FIRST READING Item 3. Council Bill 32 - An Ordinance providing for the approval of rezoning from Residential -Two and Restricted Commercial to Planned Commercial Development and approval of a Combined Outline and Final Development Plan for property located at 9751 West 44'" Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ- 00 -11) (Tony Ficco for Legend Properties, LLC) Council Bill 32 was introduced on first reading by Mr. Hanley, who also read the title. Motion by Mr. Hanley that Council Bill 32 be approved on first reading, ordered published, public hearing be set for Monday, November 13, 2000 at 7:00 p.m. in City Council Chambers, Municipal Bdilding, and if approved on second reading, take effect 15 days after final publication; seconded by Mr. Mancinelli; carried 8 -0. DECISIONS, RESOLUTIONS, AND MOTIONS Item 4. Resolution 40 -2000 - A Resolution clarifying policy on Code Enforcement Activities within the City of Wheat Ridge. Resolution 40 was introduced by Mr. Mancinelli. Motion by Mr. Mancinelli for adoption of Resolution 40 -2000; seconded by Mr. Siler. ' ° AGENDA ITEM (1 (� REQUEST FOR COUNCIL ACTION October i=6,2000 rv, \GGi ORPDO _ PUBLIC HEARINGS _ ORDINANCES FOR 1ST READING (Date: ) _ BIDS /MOTIONS X ORDINANCES FOR 2ND READING RESOLUTIONS Quasi- Judicial: X Yes No SUBJECT: An ordinance amending Section 15 (Nuisance) of the Code of Laws by adding a definition of "proscribed acts ", declaring such acts as public nuisances, providing for the abatement of such nuisances, and enabling the City to close businesses declared a "specified crime property" upon repeated occurrences of proscribed acts. SUMMARY AND BACKGROUND: The amendment adds definitions and a new article to Chapter 15 (Nuisances) of the Code of Laws. The amendment to the definition section defines certain activities (drug manufacturing, prostitution, or disturbing the peace, among others) as proscribed acts. The new Article III then declares the proscribed acts to be nuisances which are subject to existing nuisance abatement procedures. If five or more violations of the proscribed acts occur on a property within a twelve month period, a property can be declared a "specified crime property" and can be closed by court order upon presentation of evidence by the r'hief of Police. The Article also includes emergency closure powers. Minimum fines and closure times are ;cified in the ordinance. This ordinance applies to all commercial, industrial and residential properties in the City./ ATTACHMENTS: 1. Staff Memo 2. Council Bill No. BUDGETIMPACT: Original budgeted amount: $ 0 Actual contracted amount: $ 0 Impact of expenditure on line item: $ 0 Account No.: N.A. Dual . 121D STAFF RECOMMENDATION: Approval on second reading. ORIGINATED BY: City Affairs Committee, Hotel /Motel Task Force STAFF RESPONSIBLE: Jerry Dahl, Alan White SUGGESTED MOTION: "I move to approve Council Bill No. o? (o on second reading." CAMyFiks \WPFiles\Pmjects oning amendme=Amotel 2ndcc.wpd / „y/�I I�� • xtr WQ 4 FJ /1,r� OF WHEAL City of Wheat Ridge Po Planning and Development Department U Memorandum TO: City Council FROM: Alan White, Planning and Development Director SUBJECT: Hotel/Motel Nuisance Ordinance DATE: October 10, 2000 The ordinance adds definitions and a new article to Chapter 15 (Nuisances) of the Code of Laws. The amendment to the definition section defines certain activities (drug manufacturing, prostitution, or disturbing the peace, among others) as proscribed acts. The new Article III then declares the proscribed acts to be nuisances which are subject to existing nuisance abatement procedures for enforcement of violations. Proscribed acts include not only criminal activities, but violations of occupancy loads or other requirements of the Uniform Building Code. In the case of criminal activity at one of the motels, the person committing the crime, not the property owner, is the focus of the police and court processes. The proposed ordinance gives the City the ability to hold responsible the owners of the property where crimes are occurring. If five or more violations of the proscribed acts occur on a property within a twelve month period, a property may be declared a "specified crime property" and may be closed for up to one year by court order upon presentation of evidence by the Chief of Police. Minimum fines and closure periods are specified in the ordinance according to the number of times the property has been declared a "specified crime property." The Article also includes emergency closure powers. As written, this ordinance applies not just to hotel /motel properties in the City, but to all commercial, industrial and residential properties. The ability to do inspections of motels was felt by the Task Force to be a key to enforcing building code violations. Normally, inspections are only permitted as part of obtaining a building permit. The City's business licensing procedures (Section 11- 26(e), Licenses) in the Code of Laws permits access to licensed premises by City inspectors and investigators "for the purpose of performing their duties under City and state law." This provision enables the City to conduct periodic inspections of the hotels in the City and no additional legislation is needed. A statement notifying businesses that they are subject to inspections should be included on all business license applications and licenses. C:\ MyFiles\ WPFiles \ProjecN\botelprog=\nuisance ord.wpd CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER woRTH Council Bill No. 26 Ordinance No. 1 Series of 2061 TITLE: AN ORDINANCE AMENDING CHAPTER 15 OF THE WHEAT RIDGE CODE OF LAWS BY AMENDING SECTION 15 -1, DEFINITIONS, ADDING SECTIONS 15 -31 THROUGH 15 -34 AND ADDING A NEW ARTICLE III, SECTIONS 15 -40 THROUGH 15 -46, ENTITLED "CLOSURE PROCEDURES FOR SPECIFIED CRIME PROPERTIES." WHEREAS, Section 31- 15- 401(1)(c),C.R.S. authorizes the City to declare and abate public nuisances; and WHEREAS, Chapter 15 of the Code of Laws presently contains provisions related to nuisance abatement and enforcement; WHEREAS, the City Council wishes to amend Chapter 15 to address, abate and enforce nuisances arising out of criminal conduct occurring on private properties; and WHEREAS, the City Council finds and determines that "specified crime properties" pose a danger to the public health, safety, and general welfare of the citizens of Wheat Ridge and that amendments to Chapter 15 to abate such nuisances through closure procedures is necessary to protect the City's residents. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 15 -1, Definitions, of the Code of Laws is hereby amended by adding the following definitions to read: "ABATE" SHALL MEAN TO BRING INTO COMPLIANCE, HALT, ELIMINATE OR REMEDY. "PROSCRIBED ACT(S)" SHALL MEAN ANY ONE OF THE FOLLOWING: (1) PROSTITUTION OR SOLICITATION OF PROSTITUTION, SECTIONS 16 -201 AND 202, RESPECTIVELY, OF THIS CODE OF LAWS; (2) PROFESSIONAL GAMBLING, C.R.S. § 18 -10- 102(8); GAMBLING ON PREMISES, C.R.S. § 18 -10- 102(7); (3) THE MANUFACTURE, CULTIVATION, GROWTH, PRODUCTION, PROCESSING, SALE, DISTRIBUTION, STORAGE OR USE, OR LCK5302A353663.02 City of Wheat Ridge Planning and Development Department i Memorandum TO: City Council FROM: Alan White, Planning and Development Director 6V SUBJECT: Hotel/Motel Nuisance Ordinance DATE: October 10, 2000 The ordinance adds definitions and a new article to Chapter 15 (Nuisances) of the Code of Laws. The amendment to the definition section defines certain activities (drug manufacturing, prostitution, or disturbing the peace, among others) as proscribed acts. The new Article III then declares the proscribed acts to be nuisances which are subject to existing nuisance abatement procedures for enforcement of violations. Proscribed acts include not only criminal activities, but violations of occupancy loads or other requirements of the Uniform Building Code. In the case of criminal activity at one of the motels, the person committing the crime, not the property owner, is the focus of the police and court processes. The proposed ordinance gives the City the ability to hold responsible the owners of the property where crimes are occurring. If five or more violations of the proscribed acts occur on a property within a twelve month period, a property may be declared a "specified crime property" and may be closed for up to one year by court order upon presentation of evidence by the Chief of Police. Minimum fines and closure periods are specified in the ordinance according to the number of times the property has been declared a "specified crime property." The Article also includes emergency closure powers. As written, this ordinance applies not just to hotel /motel properties in the City, but to all commercial, industrial and residential properties. The ability to do inspections of motels was felt by the Task Force to be a key to enforcing building code violations. Normally, inspections are only permitted as part of obtaining a building permit. The City's business licensing procedures (Section 11- 26(e), Licenses) in the Code of Laws permits access to licensed premises by City inspectors and investigators "for the purpose of performing their duties under City and state law." This provision enables the City to conduct periodic inspections of the hotels in the City and no additional legislation is needed. A statement notifying businesses that they are subject to inspections should be included on all business license applications and licenses. C:\MyFiles \WPFiles \Projects \hotelpmgmmmuisance ord.wpd POSSESSION FOR ANY UNLAWFUL MANUFACTURE, SALE, DISTRIBUTION OR USE OF A CONTROLLED SUBSTANCE, C.R.S. § 18 -18 -405, EXCEPT FOR POSSESSION OF LESS THAN EIGHT OUNCES OF MARIJUANA, OR ANY IMITATION CONTROLLED SUBSTANCE, C.R.S. § "18 -18 -421; (4) FELONY OR MISDEMEANOR THEFT BY RECEIVING, C.R.S. § 18 -4 -410; (5) UNLAWFUL MANUFACTURE, SALE, OR DISTRIBUTION OF DRUG PARAPHERNALIA, C.R.S. § 18 -18 -429; (6) PROSTITUTION OF A CHILD, C.R.S. § 18 -7- 401(7); SOLICITING FOR CHILD PROSTITUTION, C.R.S. § 18 -7 -402; PANDERING OF A CHILD, C.R.S. § 18 -7 -403; KEEPING A PLACE OF CHILD PROSTITUTION, C.R.S. § 18- 7-404; PIMPING A CHILD, C.R.S. § 18 -7 -405; OR INDUCEMENT OF CHILD PROSTITUTION, C.R.S. § 18 -7- 405.5; (7) SEXUAL EXPLOITATION OF CHILDREN, C.R.S. § 18 -6 -403; (8) THE ENGAGEMENT BY ANY ONE PERSON IN DISTURBING THE PEACE WITHIN THE MEANING OF CODE OF LAWS SECTIONS 16 -101 - 110; (9) A VIOLATION OF ANY PROVISION OF THE COLORADO LIQUOR CODE (C.R.S. §12-47-101, ET SEQ.) OR THE COLORADO BEER CODE (C.R.S. § 12 -46 -101, ET SEQ.); (10) A VIOLATION OF ANY PROVISION OF THE COLORADO ESCORT SERVICE CODE, C.R.S. § 12- 25.5 -111, ET SEQ.; (11) A VIOLATION OF ANY PROVISION OF THE COLORADO MASSAGE PARLOR CODE, C.R.S. § 12- 48.5 -101, ET SEQ.; (12) ANY OFFENSE RELATING TO FIREARMS AND WEAPONS, AS DEFINED IN C.R.S. §§18-12-102,18-12-107.5, AND 18 -12 -109; (13) TO MAINTAIN, USE, RENT OR LEASE ANY PROPERTY OR SUBUNIT THEREOF INCLUDING SINGLE - FAMILY DWELLINGS, WHERE PEOPLE ARE ALLOWED TO CONGREGATE, GATHER, OR LOITER IN SUCH A MANNER AS TO DISTURB THE PEACE OF OTHER PERSONS LAWFULLY ON THE PROPERTY ITSELF OR LAWFULLY IN THE VICINITY OF THE PROPERTY; (14) TO MAINTAIN OR USE ANY BUILDING OR STRUCTURE WHICH SUBSTANTIALLY INJURES OR ENDANGERS THE COMFORT, HEALTH, R-E° OR SAFETY OF THE PUBLIC BY REASON wFjr^f-x, LCW53027\353663.02 _2_ OF ANDA C".", INADEQUATE MAINTENANCE, ABANDONMENT OR OTHERWISE+NGLYDING; a. VACANT, INADEQUATELY MAINTAINED, OR BOARDED UP BUILDINGS OR STRUCTURES LOCATED WITHIN 1,000 FEET OF A RESIDENTIAL ZONE DISTRICT WHICH DO NOT SHOW EVIDENCE OF CURRENT CONSTRUCTION OR REMODELING ACTIVITY; OR b. VACANT BUILDINGS OR STRUCTURES, REGARDLESS OF PROXIMITY TO A RESIDENTIAL ZONE DISTRICT, WHICH ARE NOT SECURE AND TO WHICH ENTRY MAY BE MADE THROUGH OPENED OR UNLOCKED DOORS, WINDOWS OR OTHER OPENINGS; (15) TO MAINTAIN, USE, RENT OR LEASE ANY PROPERTY OR SUBUNIT THEREOF IN A MANNER OR CONDITION WHICH EXCEEDS THE OCCUPANCY LOAD OF THE PROPERTY OR SUBUNIT THEREOF OR OTHERWISE VIOLATES THE UNIFORM BUILDING CODE, AS ADOPTED AND AMENDED BY THE CITY; Section 2. Section 15 -1, Definitions, of the Code of Laws is hereby amended by amending the following definition to read: "AGENT" SHALL MEAN ANY PERSON AUTHORIZED BY THE OWNER TO ACT AS A REPRESENTATIVE, TENANT OR MANAGER OF OWNER'S REAL PROPERTY. Section 3. Section 15 -9, Enforcement and Remedies, of, the Code of Laws, is hereby amended by inserting "or Section 15 -33" in subsection (b) t4 read: (b) Criminal actions. When an alleged violation of this chapter has not been abated within the time specified in any notice issued pursuant to section 15 -5(a) OR SECTION 15 -33: Section 4. Article III, Specified Nuisances, of Chapter 15 is hereby amended by adding the following Sections 15 -31 through 15 -34 to read: SEC. 15 -31. NUISANCES INVOLVING PROSCRIBED ACTS. IT IS HEREBY DECLARED TO BE A PUBLIC NUISANCE AND SHALL BE UNLAWFUL FOR ANY OWNER OR AGENT: (a) TO COMMIT, CONDUCT, PROMOTE, FACILITATE, ALLOW, FAIL TO PREVENT OR OTHERWISE LET HAPPEN ANY PROSCRIBED ACT, AS DEFINED IN SECTION 15 -1 OF THIS CHAPTER, UPON THE OWNER'S PROPERTY SITUATED WITHIN THE LIMITS OF THE CITY. LCM \530271353663.02 -3- (b) FOR PURPOSES OF THIS SECTION, WHERE A PROSCRIBED ACT REFERENCES A SECTION CONTAINED WITHIN THE STATE STATUTES (C.R.S.), OR THE WHEAT RIDGE CODE OF LAWS, SAID ACTIVITY SHALL HAVE THE SAME DEFINITION AS CONTAINED WITHIN THE STATE STATUTES OR THE CODE OF LAWS BUT SHALL NOT REQUIRE THAT THE ACTIVITY WAS CHARGED OR PROSECUTED TO A FINAL JUDGMENT. SEC. 15 -32. ABATEMENT PROCEDURES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN SECTIONS 15 -33 AND 15 -34, ABATEMENT AND ENFORCEMENT PROCEDURES FOR VIOLATIONS OF SECTION 15 -30 SHALL BE IN ACCORDANCE WITH ARTICLE I OF THIS CHAPTER. SEC. 15 -33. PRIOR NOTIFICATION. (a) AT LEAST FIFTEEN (15) DAYS PRIOR TO THE ISSUANCE OF A MUNICIPAL SUMMONS AND COMPLAINT FOR AN ALLEGED VIOLATION OF SECTION 15 -31, THE CITY SHALL PROVIDE WRITTEN NOTICE IN ACCORDANCE WITH SECTION 15 -5(b) & (c) OF THIS CHAPTER. SEC. 15-34. EFFECT OF ABATEMENT EFFORTS; DEFENSE TO ACTION. (a) IF AN OWNER OR AGENT IS LEASING THE PROPERTY TO ONE OR MORE TENANTS AND THE ALLEGED VIOLATION(S) UNDER SECTION 15 -30 WAS COMMITTED BY ONE OR MORE OF THE TENANTS OR OCCUPANTS OF THE PROPERTY, IT SHALL BE A DEFENSE TO AN ACTION UNDER THIS ARTICLE THAT SAID PERSON HAS: (i) EVICTED, OR ATTEMPTED TO EVICT BY COMMENCING AND PURSUING WITH DUE DILIGENCE APPROPRIATE COURT PROCEEDINGS, ALL OF THE TENANTS AND OCCUPANTS OF THE PROPERTY THAT COMMITTED SUCH VIOLATIONS THAT CONSTITUTE THE ALLEGED PUBLIC NUISANCE, AND (ii) HAS, CONSIDERING THE NATURE AND EXTENT OF THE SEPARATE VIOLATIONS, UNDERTAKEN AND PURSUED WITH DUE DILIGENCE REASONABLE MEANS TO AVOID A RECURRENCE OF SIMILAR VIOLATIONS ON THE PROPERTY BY THE PRESENT AND FUTURE TENANTS AND OCCUPANTS OF THE PROPERTY. (b) SUCH DEFENSE SHALL BE AN ABSOLUTE DEFENSE WHICH IS AVAILABLE TO THE OWNER OR AGENT ONLY AS TO THE FIRST LCW53027W3663.02 -4- CAUSE OF ACTION BROUGHT BY THE CITY FOR ALLEGED VIOLATIONS OF SECTION 15 -30. ANY SUBSEQUENT CAUSE OF ACTION ALLEGING A VIOLATION OF SECTION 15 -30 SHALL NOT ENTITLE SUCH OWNER OR AGENT TO SAID DEFENSE. Section 5. Article III, Reserved, of Chapter 15 is hereby amended to add the following Sections 15 -40 through 15 -46 to read: ARTICLE 111. CLOSURE PROCEDURES FOR SPECIFIED PROPERTY CRIME PROPERTY SEC. 15-40. DEFINITIONS. THE FOLLOWING WORDS, TERMS AND PHRASES, WHEN USED IN THIS ARTICLE. SHALL HAVE THE MEANINGS ASCRIBED TO THEM IN THIS SECTION, EXCEPT WHERE THE CONTEXT CLEARLY INDICATES A DIFFERENT MEANING: CHARGEABLE OFFENSE MEANS AN ACT OR OMISSION THAT CONSTITUTES ANY PROSCRIBED ACT AS DEFINED IN SECTION 15- 1 OF THIS CHAPTER. CHIEF OF POLICE INCLUDES ANY PERSON DESIGNATED BY THE POLICE CHIEF AS HIS OR HER DELEGATE IN THE ENFORCEMENT OF THIS ARTICLE. COURT MEANS THE CITY OF WHEAT RIDGE MUNICIPAL COURT. KNOWLEDGE MEANS WHAT AN OBJECTIVE, REASONABLY CAUTIOUS PERSON WOULD HAVE KNOWN UNDER SIMILAR CIRCUMSTANCES. PERSON MEANS ANY NATURAL PERSON, ASSOCIATION, PARTNERSHIP, OR CORPORATION CAPABLE OF OWNING OR USING PROPERTY IN THE CITY. SPECIFIED CRIME PROPERTY MEANS ANY PROPERTY OR STRUCTURE WHEREIN FIVE (5) OR MORE CHARGEABLE OFFENSES INVOLVING ANY PROSCRIBED ACT AS DEFINED IN SECTION 15 -1 OF THIS CHAPTER HAVE OCCURRED WITHIN A TWELVE MONTH PERIOD; PROVIDED, HOWEVER, THAT WITHIN FIFTEEN (15) DAYS OF EACH CHARGEABLE OFFENSE, EXCEPT THE FIFTH AND FINAL CHARGEABLE OFFENSE NEEDED TO PROVE THE EXISTENCE OF A SPECIFIED CRIME PROPERTY UNDER THIS ARTICLE, THE CITY HAS SENT NOTICE OF SUCH OFFENSE TO THE OWNER AND OCCUPANT IN ACCORDANCE WITH SECTION 15 -33. LCM \53027\353663.02 _5_ STRUCTURE MEANS ANY TYPE OF BUILDING, DWELLING, EDIFICE, ENCLOSURE, GARAGE, HOUSE, ROOM, SHED, SHOP, STORE, WAREHOUSE, OR UNIT THEREOF. SEC. 15-41. SPECIFIED CRIME PROPERTY PROHIBITED. (a) IT IS UNLAWFUL FOR ANY STRUCTURE TO BE EMPLOYED OR USED AS SPECIFIED CRIME PROPERTY WITHIN THE CITY. IF A STRUCTURE IS FOUND TO BE USED OR EMPLOYED IN VIOLATION OF THIS SECTION, IT IS SUBJECT TO CLOSURE FOR A PERIOD OF UP TO ONE YEAR. (b) IT IS UNLAWFUL FOR ANY PERSON TO EMPLOY, USE, OR MAINTAIN, OR MAKE AVAILABLE OR ALLOW THE EMPLOYMENT, USE, OR MAINTENANCE OF STRUCTURES AS SPECIFIED CRIME PROPERTY WITHIN THE CITY. ANY PERSON WHO FAILS TO VOLUNTARILY CEASE THE USE OR OCCUPANCY OF A STRUCTURE AS REQUIRED BY THIS ARTICLE MAY BE REMOVED PURSUANT TO A COURT ORDER AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD BEFORE THE COURT. SEC. 15-42. CLOSURE PROCEDURE. (a) WHEN THE CHIEF OF POLICE BELIEVES THAT A STRUCTURE IS BEING EMPLOYED, USED, OR MAINTAINED IN VIOLATION OF SECTION 15 -41, THE CHIEF OF POLICE MAY COMMENCE PROCEEDINGS TO CAUSE THE CLOSURE OF THE STRUCTURE. EXCEPT IN CASES:: BROUGHT PURSUANT TO ,SECTION 15 -45, THE CHIEF OF POLICE SHALL: (1) NOTIFY THE OWNER OF RECORD IN WRITING THAT THE STRUCTURE HAS BEEN DETERMINED TO BE SPECIFIED CRIME PROPERTY. THE NOTICE SHALL CONTAIN THE FOLLOWING INFORMATION: a. THE STREET. ADDRESS OR A LEGAL DESCRIPTION <> SUFFICIENT FOR IDENTIFICATION OF THE PREMISES ON WHICH THE STRUCTURE IS LOCATED. b. ,., A STATEMENT THAT, THE CHIEF OF POLICE HAS FOUND THE STRUQTURE.,TO..BE IN VIOLATION OF THIS ARTICLE WITH A CONCISE DESCRIPTION OF THE CONDITIONS LEADING TO HIS OR HER FINDINGS. (2) CAUSE A COPY OF THE NOTICE TO BE SERVED ON THE ;OWNER OR HIS OR HER AGENT -AT LEAST TEN DAYS PRIOR TO THE COMMENCEMENT OF ANY JUDICIAL ACTION BY THE CITY. SERVICE SHALL BE MADE EITHER PERSONALLY OR 0 BY MAILING A COPY OF THE NOTICE BY CERTIFIED MAIL, POSTAGE PREPAID, WITH RETURN RECEIPT REQUESTED, TO THE PERSON AT HIS OR HER ADDRESS AS IT APPEARS ON THE LAST TAX ASSESSMENT OR AS MAY BE OTHERWISE KNOWN TO THE CHIEF OF POLICE. (3) CAUSE A COPY OF THE NOTICE TO BE SERVED IN PERSON OR BY CERTIFIED MAIL, POSTAGE PREPAID, WITH RETURN RECEIPT REQUESTED TO THE OCCUPANT OF THE STRUCTURE NOT LESS THAN TEN DAYS TO THE COMMENCEMENT OF ANY JUDICIAL PROCEEDING. (4) CAUSE A COPY OF THE NOTICE TO BE POSTED UPON THE PROPERTY NOT LESS THAN TEN DAYS PRIOR TO THE COMMENCEMENT OF ANY JUDICIAL PROCEEDINGS. (b) THE FAILURE OF ANY PERSON OR OWNER TO RECEIVE ACTUAL NOTICE OF THE DETERMINATION BY THE CHIEF OF POLICE SHALL NOT INVALIDATE OR OTHERWISE AFFECT THE PROCEEDINGS UNDER THIS ARTICLE. (c) AFTER ISSUANCE OF A NOTICE AS PROVIDED IN THIS SECTION, THE CITY MAY COMMENCE CIVIL PROCEEDINGS IN COURT SEEKING THE CLOSURE OF THE STRUCTURE AS WELL AS THE IMPOSITION OF CIVIL PENALTIES AGAINST ANY OR ALL THE OWNERS THEREOF AND ANY SUCH OTHER RELIEF AS MAY BE DEEMED APPROPRIATE. NO FEES SHALL BE ASSESSED FOR FILING PLEADINGS IN CONNECTION WITH THE ENFORCEMENT OF THIS ARTICLE. SEC. 15-43. ENFORCEMENT OF CLOSURE ORDER; COSTS; CIVIL PENALTY. (a) IF A COURT FINDS THAT A STRUCTURE CONSTITUTES ON SPECIFI CRIME PROPERTY AS DEFINED IN THIS ARTICLE, THE - - � IAGURICSHAL ORDER THAT IT SHALL BE CLOSED FOR A PERIOD OF TIM NOT TO EXCEED ONE Y PROVIDED THAT THE U� FOLLOWING MINIMUM STANDARDS AL APPLY: MY (1) FOR THE FIRST CLOSURE ORDER APPLICABLE TO THE PROPERTY, A MINIMUM OF ONE MONTH; (2) FOR THE SECOND CLOSURE ORDER APPLICABLE TO A PROPERTY, A MINIMUM OF TWO MONTHS; THE COURT SHALL ALSO ORDER THAT THE OWNER PAY TO THE CITY A CIVIL PENALTY OF $591, AND IN ADDITION, IN THE DISCRETION OF THE COURT, A FURTHER CIVIL LCM153027 \353663.02 _T PENALTY OF $56.94 FOR EACH DAY THE OWNER HAD KNOWLEDGE OF ACTIVITIES OR CONDITIONS AT THE STRUCTURE CONSTITUTING A VIOLATION OF THIS ARTICLE. (b) THE COURT MAY ALSO AUTHORIZE THE CITY TO PHYSICALLY SECURE THE STRUCTURE AGAINST USE OR OCCUPANCY IF THE OWNER FAILS TO DO SO WITHIN THE TIME SPECIFIED BY THE COURT. IF THE CITY IS AUTHORIZED TO SECURE THE PROPERTY, ALL COSTS REASONABLY INCURRED BY THE CITY TO EFFECT A CLOSURE SHALL BE MADE AN ASSESSMENT LIEN UPON THE PROPERTY. AS USED IN THIS SUBSECTION, THE TERM "COSTS" MEANS THOSE COSTS ACTUALLY INCURRED BY THE CITY FOR THE PHYSICAL SECURING OF THE STRUCTURE. THE DEPARTMENT OF PLANNING AND DEVELOPMENT SHALL PREPARE A STATEMENT OF COSTS TO BE USED FOR THE LABOR AND MATERIALS. LIENS IMPOSED BY THIS ARTICLE SHALL BE COLLECTED IN ALL RESPECTS AS PROPERTY TAXES. (c) ANY PERSON WHO IS ASSESSED THE COSTS OF CLOSURE OR A CIVIL PENALTY BY THE COURT SHALL BE PERSONALLY LIABLE FOR THE PAYMENT THEREOF TO THE CITY. (d) THE OWNER MAY APPLY TO THE COURT AT ANY TIME FOR RELIEF FROM SUCH CLOSURE ORDER AND JUDGMENT AS PROVIDED BY SECTION 15 -46. SEC. 15-44. COMMENCEMENT OF ACTIONS; BURDENS OF PROOF; DEFENSES; MITIGATION OF CIVIL PENALTY. (a) EXCEPT IN A PROCEEDING UNDER SECTION 15 -45 (EMERGENCY CLOSURES), IF AFTER THE COMMENCEMENT BUT PRIOR TO THE TRIAL BROUGHT BY THE CITY PURSUANT TO THIS ARTICLE AN OWNER SPECIFICALLY STIPULATES TO ABATEMENT OF THE CONDITIONS GIVING RISE TO THE VIOLATION, THE CITY MAY AGREE TO STAY THE PROCEEDINGS. THE CITY MAY SEEK RELIEF FROM ANY STAYED PROCEEDINGS WHERE THE OWNER FAILS TO PROCEED WITH ABATEMENT AS STIPULATED. (b) IN AN ACTION SEEKING THE CLOSURE OF A PROPERTY OR STRUCTURE AS SPECIFIED CRIME PROPERTY, THE CITY SHALL HAVE THE INITIAL BURDEN OF PROOF TO SHOW BY A PREPONDERANCE OF THE EVIDENCE THAT THE PROPERTY OR STRUCTURE IS A SPECIFIED CRIME PROPERTY. (c) IN AN ACTION SEEKING CIVIL PENALTIES FROM AN OWNER, THE CITY SHALL HAVE THE INITIAL BURDEN OF PROOF TO SHOW LCM \53027135366102 -$- BY A PREPONDERANCE OF THE EVIDENCE THAT THE OWNER HAD KNOWLEDGE OF ACTIVITIES OR CONDITIONS AT THE PROPERTY OR STRUCTURE CONSTITUTING A VIOLATION OF THIS ARTICLE. (d) IN ESTABLISHING THE AMOUNT OF ANY CIVIL PENALTY, THE COURT SHALL CONSIDER ANY OF THE FOLLOWING FACTORS, AS THEY MAY BE APPROPRIATE, AND SHALL CITE THOSE FOUND APPLICABLE: (1) THE ACTIONS TAKEN BY THE OWNER TO MITIGATE OR CORRECT THE CONDITIONS GIVING RISE TO THE CLOSURE OF THE SPECIFIED CRIME PROPERTY; (2) THE FINANCIAL CONDITION OF THE OWNER; (3) THE MAGNITUDE OR GRAVITY OF THE CONDITIONS GIVING RISE TO THE CLOSURE OF THE SPECIFIED CRIME PROPERTY; (4) THE ECONOMIC OR FINANCIAL BENEFIT ACCRUING OR LIKELY TO ACCRUE TO THE OWNER AS A RESULT OF THE CONDITIONS GIVING RISE TO THE CLOSURE OF THE SPECIFIED CRIME PROPERTY; (5) THE COOPERATIVENESS OF THE OWNER WITH THE CITY; (6) THE COST TO THE CITY OF INVESTIGATING AND CORRECTING OR ATTEMPTING TO CORRECT THE CONDITIONS GIVING RISE TO THE CLOSURE OF THE SPECIFIED CRIME PROPERTY; AND (7) ANY OTHER FACTOR "DEEMED BY THE COURT TO BE RELEVANT. SEC. 15-45. CLOSURE DURING PENDENCY OF ACTION; EMERGENCY CLOSURES. IF IT IS DETERMINED THAT THE PROPERTY OR STRUCTURE IS AN IMMEDIATE THREAT TO THE PUBLIC SAFETY AND WELFARE, THE CITY MAY APPLY TO THE COURT FOR SUCH IMMEDIATE EX PARTE INTERIM RELIEF THAT IS DEEMED APPROPRIATE WITHOUT PRIOR NOTIFICATION PURSUANT TO SECTION 15- 42(A). THE COURT SHALL ORDER THE FORTHWITH SERVICE OF THE NORMAL PLEADINGS TOGETHER WITH A COPY OF EMERGENCY ORDER. LCM \53027353663.02 -9- SEC. 15-46. RELIEF FROM CLOSURE ORDER. (a) AN OWNER OF A PROPERTY OR STRUCTURE DETERMINED TO BE SPECIFIED CRIME PROPERTY MAY OBTAIN RELIEF FROM THE COURT'S JUDGMENT IF THE OWNER: (1) APPEARS AND PAYS ALL COSTS ASSOCIATED WITH THE PROCEEDINGS UNDER THIS ARTICLE; (2) FILES A BOND IN SUCH A PLACE AND ON SUCH FORM AS THE COURT MAY BY ORDER DIRECT IN AN AMOUNT NOT LESS THAN THE TAX- ASSESSED VALUE OF THE PROPERTY OR STRUCTURE AND KEEPS THE BOND IN FORCE FOR A PERIOD OF NOT LESS THAN ONE YEAR OR FOR SUCH LONGER PERIOD AS THE COURT DIRECTS; AND (3) ENTERS INTO A STIPULATION WITH THE CITY THAT THE OWNER WILL IMMEDIATELY ABATE THE CONDITIONS GIVING RISE TO THE SPECIFIED CRIME PROPERTY AND WILL UNDERTAKE AND PURSUE WITH DUE DILIGENCE REASONABLE MEANS TO AVOID AND PREVENT SUCH UNLAWFUL CONDITIONS FROM BEING ESTABLISHED OR MAINTAINED THEREAFTER. THE STIPULATION SHALL BE MADE PART OF THE COURT'S FIDE. (b) IF THE OWNER VIOLATES THE TERMS OF THE STIPULATION, THE CITY MAY THEREAFTER APPLY TO THE COURT FOR AN ORDER AWARDING UP TO THE ENTIRE AMOUNT OF THE BOND TO THE CITY AS A PENALTY AS WELL AS SUCH OTHER RELIEF, INCLUDING CLOSURE FOR ANY ADDITIONAL PERIOD OF UP TO ONE YEAR, THAT IS DEEMED BY.THE COURT TO BE APPROPRIATE. Section 6. Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 7. Severability; Conflicting Ordinances Repealed If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall . not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. LCM \53027\353663.02 -10- Section 8. Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 25tb day of September 2000, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for October 23 , 2000, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2000. SIGNED by the Mayor on this day of 2000. Gretchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: September 29; 2000 Second Publication: Wheat Ridge Transcript Effective Date: LCM\5 UM53663.02 -11- CITY COUNCIL MINUTES: September 25, 2000 Page - 2 - o- APPROVAL OF AGENDA Motion by Mr. DiTullio to add the Revocable License Agreement with Apple Ridge Cafe as Agenda Item 10. G.; seconded by Mrs. Worth; carried 8 -0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 27 - An ordinance amending Chapter 5 of the Wheat Ridge Code of Laws by adding Section 5 -82 concerning the adoption by reference of the International Property Maintenance Code. Council Bill 27 was introduced on second reading by Mrs. Worth, who also read the title and summary; Clerk assigned Ordinance No. 1207. Alan White was sworn in by the Mayor and gave background on the Ordinance. The Hotel /Motel Task Force felt that this Ordinance would be helpful. This Ordinance applies not only to hotels /motels, but also to all commercial and industrial properties and residential properties with ten or more units. Motion by Mrs. Worth to approve Council Bill 27 (Ordinance No. 1207); seconded by Mr. 9 Hanley. Motion by Ms. Figlus to continue the public hearing on this matter indefinitely and send it to the Building Code Advisory Board for fine tuning; seconded by Mr. Hanley; tied 4-4 with Councilmembers Shaver, Worth, Figlus and Hanley voting yes. Mayor broke the tie by voting no; Motion failed 5-4. Motion by Ms. Figlus to amend the motion to read that provisions of this code which address minimum sizes or dimensions or electrical service shall not apply to existing structures legally permitted previously by the City, unless modifications are proposed to those structures; seconded by Mrs. Shaver; failed 5 -3 with Councilmembers Shaver, Worth, and Figlus voting yes. Mr. DiTullio called for the question; seconded by Mr. Siler; carried 7 -1 with Ms. Figlus voting no. Original Motion carried 7 -1 with Ms. Figlus voting no. a AGENDA ITEM lo 7� REQUEST FOR COUNCIL ACTION Sept. zs, z000 _ PUBLIC HEARINGS ORDINANCES FOR 1ST READING (Date: ) BIDS /MOTIONS X ORDINANCES FOR 2ND READING RESOLUTIONS Quasi- Judicial: X Yes No SUBJECT: An ordinance amending Section 5 (Buildings) of the Code of Laws by adopting by reference the International Property Maintenance Code with certain modifications. SUMMARY AND BACKGROUND: The Property Maintenance Code establishes standards for the condition and maintenance of interiors and exteriors of structures. Although some of the items in the Property Maintenance Code are addressed by our existing nuisance code, the Property Maintenance Code covers exterior areas and is more specific. The Code also addresses the condition of interior items in addition to minimum standards for lighting, plumbing, ventilation, and mechanical and electrical equipment and facilities. Sections that are duplicative of provisions in our existing nuisance code have been deleted. This ordinance applies not just to hotel/motel properties in the City, but to all commercial and industrial pr ties, and to residential properties with ten or more units. ATTACHMENTS: 1. Staff Memo 2. Int'l Property Maintenance Code 2. Council Bill No. 27 , BUDGET IMPACT: Original budgeted amount: $ 0 ;Actual contracted amount: $ 0 Impact of expenditure on line item: $ 0 Budget Account No.: N.A. _ ©Va. ►207 STAFF RECOMMENDATION: Approval on second reading. ORIGINATED BY: STAFF RESPONSIBLE: City Affairs Committee, Hotel/Motel Task Force Jerry Dahl, Alan White SUGGESTED MOTION: "I move to approve Council Bill No. 27 on second reading." C:P riles \WPFiles\Pmjects\zoning amendments\propmaint code.wpd I of WHEAT City of Wheat Ridge Po Planning and Development Department Memorandum TO: City Council FROM: Alan White, Planning and Development Director SUBJECT: Hotel/MotelOrdinance DATE: August 16, 2000 This ordinance adopts the International Property Maintenance Code by reference as an additional section in Chapter 5 (Buildings and Building Regulations). The Property Maintenance Code establishes standards for the condition and maintenance of interiors and exteriors of structures. Although some of the items in the Property Maintenance Code are addressed by our existing nuisance code, the Property Maintenance Code covers more areas and is more specific. For example, the Property Maintenance Code addresses the condition of exterior stairs and sidewalks, balconies, handrails, door frames, chimneys, and decorative features. The Property Maintenance Code addresses the condition of similar interior items in addition to minimum standards for lighting, plumbing, ventilation, and mechanical and electrical equipment and facilities. Sections that are duplicative of provisions in our existing nuisance code have been deleted. Attached is a copy of the Code with the deleted sections. Based upon City Affairs Committee comments, the ordinance has been written to apply to all commercial and industrial properties, and residential properties of ten or more units. The Property Maintenance Code would appear to be redundant with the Uniform Building Code because both codes address the same items, but it is not. The building code sets standards for construction, whereas the Property Maintenance Code sets standards for maintenance and the condition of structures. The Property Maintenance Code will expand our ability to address the physical condition and maintenance of the motels. As written, this code would apply to any commercial or industrial property or structure, or to any residential structure with ten or more units in the City. C:\MyFiles \WPFiles\ Projects \hotelpmgmm \pmpmaintord.wpd CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Worth" Council Bill No. 27 Ordinance No. 120 Series of 2000 TITLE: AN ORDINANCE AMENDING CHAPTER 5 OF THE WHEAT RIDGE CODE OF LAWS BY ADDING SECTION 5 -82 CONCERNING THE ADOPTION BY REFERENCE OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE WHEREAS, pursuant to C.R.S. § 31 -16 -201, et seq., the City of Wheat Ridge possesses the authority to adopt codes by reference; and WHEREAS, the City of Wheat Ridge desires to ensure the health, safety and welfare of its residents through the adoption of the 1998 Edition of the International Property Maintenance Code which concerns regulations and standards governing the occupancy and maintenance of premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, and life and fire safety; and WHEREAS, copies of the 1998 Edition of the International Property Maintenance Code are available for public inspection in the Office of the City Clerk. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 5 -82, Reserved, is hereby adopted to read: SEC. 5 -82. PROPERTY MAINTENANCE CODE. (A) THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 1998 EDITION, BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, 5360 WORKMAN MILL ROAD, WHITTIER, CALIFORNIA, 90601 -2298, IS HEREBY ADOPTED BY REFERENCE AND INCORPORATED INTO THIS ARTICLE AS THOUGH FULLY SET FORTH HEREIN AS THE CODE OF THE CITY OF WHEAT RIDGE FOR PROPERTY MAINTENANCE. ONE COPY OF SAID PROPERTY MAINTENANCE CODE SHALL BE FILED IN THE OFFICE OF THE CITY CLERK AND MAY BE INSPECTED DURING REGULAR BUSINESS HOURS. SUCH CODE SHALL BE REFERRED TO AS THE PROPERTY MAINTENANCE CODE OF THE CITY OF WHEAT RIDGE AND IS HEREBY ADOPTED IN FULL, SUBJECT TO THE AMENDMENTS SET FORTH IN SUBPARAGRAPH (B) BELOW. LCM \53027 \354509.01 (B) THE PROPERTY MAINTENANCE CODE ADOPTED BY THIS SECTION IS AMENDED AS FOLLOWS. SECTION NUMBERS REFERRED TO HEREIN REFER TO AND CORRESPOND WITH THE SECTION NUMBERS OF THE PROPERTY MAINTENANCE CODE. Section 2. Section 101.2. Scope, shall be amended to read as follows: The provisions of this PROPERTY MAINTENANCE code shall apply to all existing residential STRUCTURES CONTAINING TEN (10) OR MORE RESIDENTIAL UNITS, eFA ALL nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for the administration, enforcement and penalties. Section 3. Section 106.4. Violation Penalties, shall be deleted in its entirety and replaced with the following: It shall be unlawful for any person, firm or corporation to violate or fail to comply with any provision of the Property Maintenance Code. A person, firm or corporation who violates the Property Maintenance Code may be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment for a period not exceeding one year, or both such fine and imprisonment; provided however, that no person under the age of eighteen (18) years shall be subjected to imprisonment for violation of any provision of this Code. Each day that a violation continues shall be deemed a separate offense. Section 4. Section 202. General Definitions, shall be amended by deleting the following definitions: Section 5. Section 302. Exterior Property Areas, shall be amended by deleting the following subsections: LCM \53027 \354509.01 -2- - rcUvvrvrr— wiTrvvvmnc - and TrvTreolrrvcscrolr waste ills ccllclo, cicC cpc .._Fagg the a shall : e- l a a th ..7.1.... i.....q the L.. _ of wee u, es:,eeke and ether eembustible maEetia'S, , •MMi hexes we exe e ' Siff , .1613.._ l a_.... h_.... .._l Section 5. Section 302. Exterior Property Areas, shall be amended by deleting the following subsections: LCM \53027 \354509.01 -2- Section 6. Section 305. Rubbish and Garbage is deleted in its entirety as follows: Seetien 305 RUBBISH AND GARBAGE LCM \53027 \354509.01 -3- c: Section 6. Section 305. Rubbish and Garbage is deleted in its entirety as follows: Seetien 305 RUBBISH AND GARBAGE LCM \53027 \354509.01 -3- Section 7. Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 8. Severability• Conflicting Ordinances Revealed If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 9. Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on this 28th day of August , 2000, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage -set for September 25 , 2000, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2000. LCM \53027 \354509.01 -4- SIGNED by the Mayor on this day of 2000. ATTEST: Wanda Sang, City Clerk First Publication: September 1, 2000 Second Publication: Wheat Ridge Transcript Effective Date: Gretchen Cerveny, Mayor Approved As To Form Gerald E. Dahl, City Attorney LCM \53027 \354509.01 -5- i i nternational Pr o'perty ode nance R;rS AT10NAL CODE COUNCIL • e N O i �DyMiStR b NATI��' CHAPTER 1 ADMINISTRATION SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Propem- Maintenance Code of [NAME OF JURISDICTION], hereinafter referred to as "this code." 101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all exist- ing premises and constitute minimum requirements and stand- ards for premises, structures,. equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the ele- ments, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penal- ties. 101.3 Intent. This code shall be construed to secure its ex- pressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. 101.4 Severability. If a section, subsection sentence, clause or phrase of this code is, for any reason, held to be unconstitu- tional, such decision shall not affect the validity of the remain- ing portions of this code. 102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and insanitary. 102.5 Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions. 102.6 Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated by the state or local jurisdiction as historic buildings when such buildings or structures arejudged by the code official to be safe and in the public interest of health, safety and welfare. 102.7 Referenced codes and standards. The codes and stand- ards referenced in this code shall be those that are listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference. Where differ- ences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. 102.8 Requirements not covered by code. Requirements nec- essary for the strength, stability or proper operation of an existing structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official. SECTION 102 APPLICABILITY 102.1 General. The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in Section 101. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern. 102.2 Maintenance. Equipment. systems, devices and safe - i'uards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises. 102.3 Application of other codes. Repairs, additions or altera- tions to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the building, plumbing and mechanical codes and NFPA 70. Nothing in this code shall be construed to cancel, modify or set aside anv provision of the zoning code. SECTION 103 DEPARTMENT OF PROPERTY MAINTENANCE INSPECTION 103.1 General. The department of property maintenance in- spection is hereby created and the executive official in charge thereof shall be known as the code official. 103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction: and the code official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the. authority to appoint a deputy code official, other related technical officers, inspectors and other employees. 103.4 Restriction of employees. An official or employee con- nected with the enforcement of this code, except one whose only connection is that of a member of the board of appeals established under the provisions of Section 111, shall not be engagedin. ordirectlyor indirectly connected with. thefumish- -- - -- ing of labor, materials or appliances for the construction, altera- tion or maintenance of a building, or the preparation of construction documents thereof. unless that person is the owner 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE 105.3.2 of the building: nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the department. 1035 Liability. The code official, officer or employee charged with the enforcement of this code. while acting for thejurisdic- tion, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of.official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of property main- tenance inspection. acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the perform- ance of official duties in connection therewith. 103.6 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule. [JURISDICTION TO INSERT APPROPRIATE SCHEDULE.] SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL 104.1 General. The code official shall enforce the provisions of this code. 104.2 Rule- making authority. The code official shall have authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code, or of vio- lating accepted engineering methods involving public safety. 104.3 Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspec- tions shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.4 Right of entry. The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and sei- zures. If entry is refused or not obtained, the code official is authorized to pursue recourse as provided by law. 104.5 Identification. The code official shall carry proper iden- tification when inspecting structures or premises in the per- formance of duties under this code. 104.6 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code. 104.7 Department records. The code official shall keep offi- cial records of all business and activities of the department specified in the provision of this code. Such record. <hall he retained in the official records as long as the huildin_ or structure to which such records relate remains in e.xistcnce. unless otherwise provided for by other regulation. 104.8 Coordination of inspections. Whenever in the enforce- ment of this code or another code or ordinance. the responsi- bility of more than one code official of the jurisdiction is involved, it shall be the duty of the code officials imolved to coordinate their inspections and adminis-tratiye orders as full% as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspectors authority to enforce. the inspector shall report the findings to the code official having jurisdiction. SECTION 105 APPROVAL 105.1 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code. the code official shall have the authority to grant modifications for individual cases, provided the code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files. 105.2 Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installa- tion of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and com- plies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended. at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. 105.3 Required testing. Whenever there is insufficient evi- dence of compliance with the provisions of this code, or evi- dence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. 105.3.1 Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall approve the testing procedures. 105.3.2 Testing agency. All tests shall be performed by an approved agency. 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE 105.3.3 Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records. 105.4 Material and equipment reuse. Materials. equipment and devices shall not be reused unless such elements have been reconditioned and tested when necessary, placed in good and proper working condition and approved. SECTION 106 VIOLATIONS 106.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation.of any of the provisions of this code." 106.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 107. 106.3 Prosecution of violation. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlaw- ful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 106.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, cor- rect or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. SECTION 107 NOTICES AND ORDERS 107.1 Notice to owner or to person or persons responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefore in the manner prescribed in Sections 107.2 and 107.3. Notices for condemnation proce- dures shall also comply with Section 108.3. 107.2 Form. Such notice prescribed in Section 107.1 shall: 1. Be in writing: 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 make the repairs and improvements required to bring the dwelling unit or structure into compliance with the pro- visions of this code: and 5. Inform the property owner of the right to appeal. 107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is: 105.3.3 - 108.1.4 I. Delivered personally: or 2. Sent by certified or first -class mail addressed to the last known address; or 3. If the notice is returned showing that the letter was not delivered. a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. 107.4 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 106.4. 107.5 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee. mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without conditiot for making the corrections or repairs required by such compliance order or notice of violation. 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 provid- ing 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, structur- ally unsafe, or of such faulty construction or unstable foun- dation, that partial or complete collapse is possible. 108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, elec- trical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that 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, uhlawful 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 pan to be occupied by more persons i 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE 108.2- 110.4 than permitted under this code. or was erected, altered or occupied contrary to law. 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 to close up the premises within the time specified in the order, the code official shall cause the premises to be closed 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. 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 owneror the person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equip- ment, it shall also 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 or person respon- sible to comply with the notice provisions within the time F iven. the code official shall post on the premises or on defec- tive equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the prem- ises, operating the equipment or removing the placazd. .108.5 Prohibited occupancy. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any 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 Removal of placard. 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 con- demnation placard without the approval of the code official shall be subject to the penalties provided by this code. 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 which endangers life, or when any struc- ture 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. Notes ithstanding other prmi- sions 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 temporarilk safe whether or not the legal procedure herein described has been instituted: and shall cause such other action to be taken a, the code official deems necessary to meet such emergency. 109.3 Closing streets. When necessary for the 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. 1095 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdic- tion. The legal counsel of the jurisdiction shall institute appro- priate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. 109.6 Hearing. Any person ordered to take emergency meas- ures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. SECTION 110 DEMOLITION 110.1 General. The code official shall order the owner of any premises upon which is located any structure. which in the code official's judgment is so old, 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 demolish and remove at the owner's option: or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure. 110.2 Notices and orders. All notices and orders shall comply with Section 107. 110.3 Failure to comply. If the owner of a premises 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. 110.4 Salvage materials. When any structure has been ordered demolished and removed, the governing body or other desig- nated officer under said contract or arrangement aforesaid shall 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE 111 -111.8 have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. SECTION 111 MEANS OF APPEAL 111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the we intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. 111.2 Membership of board. The board of appeals shall consist of members who are qualified by experience and train- ing to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The code official shall be an ex- officio member but shall have no vote on any matter before the board. The board shall be appointed by the chief appointing authority. 111.2.1 Alternate members. The chief appointing authority shall appoint two or more alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board member- ship. 111.2.2 Chairman. The board shall annually select one of its members to serve as chairman. 111.2.3 Disqualification of member. A member shall not hear an appeal in which that member has a personal, profes- sional or financial interest. 111 2.4 Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all pro- ceedings in the office of the chief administrative officer. 1112.5 Compensation of members. Compensation of members shall be determined by law. 111.3 Notice of meeting. The board shall meet upon notice from the chairman, within ten days of the filing of an appeal, or at stated periodic meetings. 111.4 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant's representative, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than two - thirds of the board membership. 111.4.1 Procedure. The board shall adopt and make avail- able to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. 111.5 Postponed hearing. %en the full board is not present to hear an appeal, either the appellant or the appellant's repre- sentative shall have the right to request a postponement of the hearing. 111.6 Board decision. The board shall modify or reverse the decision of the code official only by a concurring vote of a majority of the total number of appointed board members. _ 111.6.1 Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official. 111.6.2 Administration. The code official shall take imme- diate action in accordance with the decision of the board. 111.7 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appro- priate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer. 111.8 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforce- ment of.the notice and order until the appeal is heard by the appeals board. 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE CHAPTER 2 SECTION 201 GENERAL DEFINITIONS � I�`L 2 . 1 Co C6- Or L 4(.u5 201.1 Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter. ` 201.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular. 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the building, fire preven- tion, zoning, plumbing or mechanical codes, ASME A 17.1 and NFPA 70, such terms shall have the meanings ascribed to them as in those codes. 201.4 Terms not defined. Where terns are not defined, through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. 201.5 Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit" or "story" are stated in this code. they shall be construed as though they were followed by the words "or any part thereof. SECTION 202 GENERAL DEFINITIONS APPROVED. Approved by the code official. BASEMENT. That portion of a building which is partly or completely below grade. BATHROOM: A room containing plumbing fixtures including a bathtub or shower. BEDROOM. Any room or space used or intended to be used for sleeping purposes. CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative. CONDEMN. To adjudge unfit for occupancy. DWELLING UNIT. A single unit providing complete, inde- pendent living facilities for one or more persons, including permanent provisions for living, sleeping, eatina, cooking and sanitation. ` EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises. EXTERMINATION. The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food: by poison spraying, fumigating, trapping or by any other approved pest elimination methods: �'� -�3II1 al�or vegetable waste resulting frn handlrn n 3}y..2 T* — A�n� HABITABLE SPACE. Space in a structure for living, sleep- ing, eating or cooking. Bathrooms, toilet rooms. closets. halls. storage or utility spaces, and similar areas are not considered habitable spaces. IMMINENT HAZARD. A condition which could cause seri- ous or life- threatening injury or death at any time. INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. LABELED. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evalu- ation that maintains periodic inspection of the production of the above - labeled items and by whose label the manufacturer at- tests to compliance with applicable nationally recognized standards. LET FOR OCCUPANCY OR LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied. OCCUPANT. Any individual living or sleeping in a building; or having possession of a space within a building. OPENABLE AREA. That par of a window, skylight or door which is available for unobstructed ventilation and which opens d to the outdoors. OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the Properly, including the guardian of the estate of any such person. and the executor or administrator of the estate of such person if ordered to take possession of real property by a tour. PERSON. An individual, corporation, partnership or any other group acting as a unit. PREMISES. A lot, plot or parcel of land including any struc- turesthereon. -- -- ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two - family dwelling. 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE 202 ROOMING UNIT. Any room or group of rooms forming a )ingle habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. H. Combustible and noncombustible waste ma — except Z ar a term shall include the a from the y , burning of wood, co a , nd ombustible materials, a —Trask paper, rags, canons,bo od,e . rrubber,leather.tree Sec 3 6 — Z; CC41A,.o, branches, mr1" ings, tin cans, meta s. al to \ j rockery and dust and other similar materials. " - - -_ C STRUCTURE. That which is built or constructed or a portion . thereof. TENANT.. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower. VENTILATION. The natural or mechanical process of sup- plying conditioned or unconditioned air to, or removing such air from, any space. WORKMANLIKE. Executed in a skilled manner; e.g., gen- erally plumb, level, square, in line, undamaged, and without marring adjacent work. YARD. An open space on the same lot with a structure. 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE CHAPTER 3 GENERAL REQUIREMENTS , 3 � -J 1 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? Responsibilitv. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in Sections 305 and 306. A person shall not occupy as owner - occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the require- ments of this chapter. Occupants of a dwelling unit are respon- sible for keeping in a clean, sanitary and safe condition that part of the dwelling unit orpremises which they occupy and control. 3013 Vacant structures and land. All 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. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. 302.2 Grading and drainage. All 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. - Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways. parking spaces and similar areas shall be kept in a proper state of repair. and maintained free from hazardous conditions. Stairs shall comply with the requirements of Sec- tions 303.10 and 702.9. �3U eeds. All premises and exterior property shall be awr'' tained free eeds or plant growth in ex 0 in (254 mm). All noxiou. sh o ibited. Weeds shall he dcfined as all gras ua and vegetation, other than trees s provided: however, shall not e cultivated flowers and gardens. 302.5 Rodent harborage. All structures and exterior properly shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes - which will not be injurious to human health. After extermination, 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 upon abutting or adjacent public or private property or that of another tenant. 302.7 Accessory structures. All accessory structures, includ- ing detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.7.1 Gates which are required to be self - closing and self - latching in accordance with the building code shall be maintained such that the gate will positively close and latch when released from a still position of 6 inches (152 mm) from the gatepost. 8 Motor vehicles. Except as provided for in other rem - [ions, ore than one currently unregistered or u ' ected motor vehic 1 be parked, kept or stored ny premises, and no vehicle sha time be in a of major disassem- bly, disrepair, or in the pro ng stripped or dismantled. Exception: A vehi any typ ' ermitted to undergo major overh , including body work, 'tied that such rmed inside a structure or simila and approved for such purposes. 302.9 Defacement of property. No person shall 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 EXTERIOR STRUCTURE 303.1 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. 303.2 Protective treatment. All exterior surfaces, including but not limited to, doors. door and window frames. cornices. porches and trim, shall be maintained in good condition. Exte rior 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. All 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. 303.3 Street numbers. Each structure to which a street number has been assigned shall have such number displayed in a position easily observed and readable from the public way. All numbers shall be in Arabic numerals at least 3 inches (76 mm) high and V, -inch (13 mm) stroke. 303.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 1 d ..J u 3 v N t 0 N 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE 302.5 — 304.7 303.5 Foundation walls. All foundation walls shall be main- . tained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents. 303.6 Exterior walls. All exterior walls shall be free from holes. breaks, loose or rotting materials: and maintained weath- erproof and properly surface coated where required to prevent deterioration. 303.7 Roofs and drainage. The roof and flashing shall be sound. ti and not have defects that admit rain. Roof drainage 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. 303.8 Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 303.9 Overhang extensions. All canopies, marquees, signs, metal awnings, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When 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. 303.10 Stairand walking surfaces. Every stair, ramp, balcony, porch, deck or other walking surface shall comply with the provisions of Section 702.9. 303.11 Stairways, decks, porches and balconies. Every exte- rior 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. 303.12 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. 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. 303.13 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. 303.14 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 303.14.1 Glazing. All glazing materials shall be maintained free from cracks and holes. 303.14.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 303.15 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, manu- 10 factored. packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch ( 16 mesh per 25 mm) and every swinging door shall have a self - closing device in good working condition. Exception: Screen doors shall not be required "here other approved means, such as aircurtains or insect repellent tans. are employed. 303.16 Doors. All exterior doors, door assemblies and hard- ware shall be maintained in good condition. Locks at all en- trances to dwelling units, rooming units and guestrooms shall tightly secure the door. 303.17 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. 303.18 Guards for basement windows. Every basement win- dow that is operable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. SECTION 304 INTERIOR STRUCTURE .304.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Every occupant shall keep that part of the structure which such occupant occupies or controls in a clean and sanitary condition. Every owner of a structure con- taining a rooming house, a hotel, a dormitory, two or more dwelling units or two ormore nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. 304.2 Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. 304.3 Interior surfaces. All interior surfaces, including win- dows and doors, shall be maintained in good. clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected. 304.4 Stairs and railings. All interior stairs and railings shall be maintained in sound condition and good repair. 304.5 Stairs and walking surfaces. Every stair, ramp, balcony. porch, deck or other walking surface shall comply with the provisions of Section 702.9. 304.6 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. 304,7 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, head- ers or tracks as intended by the manufacturer of the attachment hardware. 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE 305-306.5 SECTION 305 RUBBISH AND GARBAGE N 5.1 Accumulation of rubbish or garbage. All exteri N 5 erty'and premises, and the interior of every structure, all be ft- from any accumulation of rubbish or garbage. 305.2 D osal of rubbish. Every occupant of a sw re shall dispose of rubbish in a clean and sanitary mann y placing such rubbish approved containers. 305.2.1 Rub ' h storage facilities. The wner of every occupied premi shall supply approve overedcontainers for rubbish, and owner of the pre ses shall be respon- sible for the remova rubbish. 305.3 Disposal of garbage. very o upant of a structure shall dispose of garbage in a clean n anitary manner by placing such garbage in an approved age disposal facility or ap- proved garbage containers. 305.3.1 Garbage faci ' res. The !ner of every dwelling shall supply one of t following: an proved mechanical food waste grinder' each dwelling uni approved incin- erator unit in the ructure available to the cupants in each dwelling unit- r an approved leakproof, c ered, outside garbage co mer. 305.3.2 ' ntainers. The operator of every esta 'shment produ g garbage shall provide, and at all times can robe utili d. approved leakproof containers provided with c e- fi g covers for the storage of such materials until remov om the premises for disposal. SECTION 306 EXTERMINATION 306.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved proc- esses that will not be injurious to human health. After extermi- nation, proper precaytions shall be taken to prevent reinfestation. 306.2 Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure. 306.3 Single occupant. The occupant of a one - family dwelling or of a single- tenant nonresidential structure shall be responsi- ble for extermination on the premises. 306.4 multiple occupancy. The owner of a structure contain- ing two or more dwelling units, a multiple occupancy, a room- ing house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupants shall be responsible for extermination. 306.5 Occupant. The occupant of any structure shall be respon- sible for the continued rodent and pest -free condition of the structure. Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for extermina- tion. 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE E �e.r ZO Cvcll¢ a-t- „ ws 11 '1 CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS SECTION 401 GENERAL 401.1 Scope. The provisions of this chapter shall govem the minimum conditions and standards for light, ventilation and space for occupying a structure. 401.2 Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compli- ance with these requirements. A person shall not occupy as owner - occupant, or permit another person to occupy, any prem- ises that do not comply with the requirements of this chapter. 401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the building code shall be permit- ted. SECTION 402 LIGHT 402.1 Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the out- doors or to a court. The minimum total glazed area for every habitable space shall be 8 percent 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 3 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: 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 at least 8 percent of the floor area of the interior room or space. but not less than 25 square feet (2.33 m The exterior -lazing area shall be based on the total floor area being served. 402.2 Common halls and stairways. Every common hall and stairway, other than in one- and two - family dwellings, shall be lighted at all times with at least a 60 -watt standard incandescent light bulb or equivalent for each 200 square feet (19 m of floor area, provided that the spacing between lights shall not be greater than 30 feet (9143 mm). Every exterior means of egress stairway, other than in one- and two- family dwellings, shall be illuminated with a minimum of I footcandle (11 lux) at floors, landings and treads. 402.3 Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE SECTION 403 VENTILATION 403.1 Habitable spaces. Every habitable space shall have at least one operable window. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in Section 402.1. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space. but not less than 25 square feet (2.33 m The ventilation openings to the outdoors shall be based on a total floor area being ventilated. 403.2 Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habit- able spaces as required by Section 403. 1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. 403.3 Cooking facilities. Unless approved through the certifi- cate of occupancy, cooking shall not be permitted in any room - ina unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in a rooming unit or dormitory unit. Exception: Where specifically approved in writing by the code official. 403.4 Process ventilation. Where injurious. toxic, irritating or noxious fumes, gases. dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. 403.5 Clothes dryer exhaust. Clothes dryer venting systems shall be independent of all other systems and shall be vented in accordance with the manufacturer's instructions. SECTION 404 OCCUPANCY LIMITATIONS 404.1 Privacy. Dwelling units. hotel units, rooming units and dormitory units shall be arranged to provide privacy and he separate from other adjoining spaces. 404.2 Minimum room widths. A habitable room, other than a kitchen, shall not be less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than 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 13 404.4 _ 404.7 basement areas shall have a clear ceiling height of not less than 7 feet (2134 mm). Exceptions: 1. In one- and two - family dwellings. beams or girders spaced not less than 4 feet (12l9 mm) on center and projecting not more 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 ceiling height of not less than 6 feet 8 inches (2033 mm) with not less than 6 feet 4 inches (1932 mm) of clear height 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 clear ceiling height of at least 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 clear ceiling height of 5 feet (1524 mm) or more shall be included. 404.4 Bedroom requirements. Every bedroom shall comply with the requirements of Sections 404.4.1 through 404.4.5. 404.4.1 Area for sleeping purposes. Every bedroom occu- pied by one person shall contain at least 70 square feet (6:5 m=) of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet (4.6 m of floor area for each occupant thereof. 404.4.2 Access from bedrooms. Bedrooms shall not consti- tute 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 at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least 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. 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 Chap- ter 5; the heating facilities and electrical receptacle require- ments 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 require- ments of Table 404,5. 14 TABLE 404.5 MINIMUM AREA REQUIREMENTS For SI: 1 square foot = 0.093 m' a See Section 404.5.2 for combined living room/dining roam spaces. '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 re- quired by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with Section 404.4. 404.5.2 Combined spaces. Combined living room and din- ing 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 Efficieticy unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements: 1. A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet (20.4 ml). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7 111 These required areas shall be exclusive of the areas required by Items 2 and 3. 2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 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. All spaces to be occupied for food preparation purposes shall contain suitable space and equip- ment 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. 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE MINIMUM AREA IN SQUARE FEET 1 -2 occupants 6 or more 3 -5 occupants I occupa SPACE Lieing room'' No requirements C -0 ' I50 Dining rooma-b No requirements 80 100 Kitchenb 50 50 1 60 Bedrooms Shall compIv with Section 41111 For SI: 1 square foot = 0.093 m' a See Section 404.5.2 for combined living room/dining roam spaces. '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 re- quired by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with Section 404.4. 404.5.2 Combined spaces. Combined living room and din- ing 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 Efficieticy unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements: 1. A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet (20.4 ml). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7 111 These required areas shall be exclusive of the areas required by Items 2 and 3. 2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 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. All spaces to be occupied for food preparation purposes shall contain suitable space and equip- ment 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. 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE CHAPTER5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS SECTION 501 GENERAL 501.1 Scope. The provisions of this chapter shall govem the minimum plumbing systems, facilities and plumbing fixtures to be provided. 501.2 Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner - occupant or permit another person to occupy any structure or premises which does not comply with the require- ments of this chapter. area. The required toilet facilities shall be located not more than one story above or below the emplo regular working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or public customer facilities. Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities. SECTION 502 REQUIRED FACILITIES 502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. 502.2 Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. 502.3 Hotels. Where private water closets, lavatories, and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be pro- vided for each ten occupants. 502.4 Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to employees. 502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler. or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms. SECTION 503 TOILET ROOMS 503.1 Privacy. Toilet rooms and bathrooms shall provide pri- vacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. 503.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway. 503.3 Location of employee toilet facilities. Toilet facilities shall have access from within the employees' regular working 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE SECTION 504 PLUMBING SYSTEMS AND FIXTURES 504,1 General. All plumbing fixtures shall be properly in- stalled and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of perform- ing the function for which'such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. 504.2 Fixture clearances. Plumbing fixtures shall have ade- quate clearances for usage and cleaning. 504.3 Plumbing. system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, im- proper installation, deterioration or damage or for similar rea- sons, the code official shall require the defects to be corrected to eliminate the hazard. SECTION 505 WATER SYSTEM 505.1 General. Every sink, lavatory, bathtub or shower, drink- ing fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the plumbing code. 505.2 Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood -level rim of the fixture. Shampoo basin faucets.jahitor sink faucets. and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric -type vacuum breaker or an approved permanently attached hose connection vacuum breaker. 15 505.3 - 507.1 505.3 Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. 505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 120 °F. (49 °C.). A gas - burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combus- tion air is provided. An approved combination temperature and pressure relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. SECTION 506 SANITARY DRAINAGE SYSTEM 506.1 General. All plumbing fixtures shall be properly con- nected to either a public sewer system or to an approved private sewage disposal system. 506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from ob- structions, leaks and defects. SECTION 507 ' STORM DRAINAGE 507.1 General. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. 16 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE CHAPTER MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION 601 GENERAL 601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided. 601.2 Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner- occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter. SECTION 602 HEATING FACILITIES 602.1 Facilities required. Heating facilities shall be provided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room tempera- ture of 65 °F. (18 0 C.) in all habitable rooms, bathropms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the plumbing code. 6023 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from [DATE] to [DATE] to maintain a temperature of not less than 65 °F. (18 °C.)'in all habitable rooms, bathrooms, and toilet rooms. Exception: When the outdoor temperature is below the winter outdoor design temperature for the locality, mainte- nance of the minimum room temperature shall not be re- quired provided. that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the plumbing code. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from [DATE] to [DATE] to maintain a temperature of not less than 65'F. (18 =C.) during the period the spaces are occupied. Exceptions: 1. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vie orous physical activities. 602.5 Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall. 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE SECTION 603 MECHANICAL EQUIPMENT 603.1 Mechanical equipment All mechanical equipment, fireplaces and solid fuel - burning appliances shall be properly installed and maintained in a safe working condition, and shall be cap able of performing the intended function. 603.2 Cooking and heating equipment All cooling and heating equipment components and accessories in every heat- ing, cooking and water - heating device shall be maintained free from leaks and obstructions. 603.2.1 Cooking equipment Cooking appliances shall not be used to provide space heating to meet the minimum requirements of Section 602.3. 6033 Removal of combustion products. All fuel - burning equipment and appliances shall be connected to an approved chimney or vent Exception: Fuel - burning equipment and appliances which are labeled for unvented operation. 603.4 Clearances. All required clearances to combustible ma- terials shall be maintained. 6035 Safety controls. All safety controls for fuel - burning equipment shall be maintained in effective operation. 603.6 Combustion air. A supply of air for complete combus- tion of the fuel and for ventilation of the space containing the fuel- burning equipment shall be provided for the fuel - buming equipment. 603.7 Energy conservation devices. Devices intended to re- duce fuel consumption by attachment to a fuel - burning appli- ance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. SECTION 604 ELECTRICAL FACILITIES 604.1 Facilities required, Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605, 604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70. Every dwelling shall be served by a main service that is not less than 60 amperes, three wires. 6043 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or instal- lation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. 17 505 = 6Q7.1 SECTION 605 ELECTRICAL EQUIPMENT 605.1 Installation. All electrical equipment, wiring and appli- ances shall be properly installed and maintained in a safe and approved manner. 605.2 Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded -type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit inter- rupter protection. 605.3 Lighting fixtures. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric lighting fixture. SECTION 606 ELEVATORS, ESCALATORS AND DUMBWAITERS 606.1 General. Elevators, dumbwaiters and escalators shall be maintained to sustain safely ail imposed loads, to operate properly, and to be free from physical and fire hazards. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumb- waiter; or the certificate shall be available for public inspection in the office of the building operator. 606.2 Elevators. In buildings equipped with passenger eleva- tors, at least one elevator shall be maintained in operation at all" -- ; Mimes when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. SECTION 607 DUCT SYSTEMS 607.1 General. Duct systems shall be maintained free of all obstructions and shall be capable of providing the required function. 18 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE CHAPTER FIRE SAFETY REQUIREMENTS SECTION 701 GENERAL 701.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided. 701.2 Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in com- pliance with these requirements. A person shall not occupy as owner- occupant or permit another person to occupy any prem- ises that do not comply with the requirements of this chapter. SECTION 702 MEANS OF EGRESS 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. 702.2 Exit capacity. The capacity of the exits serving a floor shall be sufficient for the occupant load thereof as determined by the building code. 702.3 Number of exits. In nonresidential buildings; every occupied story more than six stories above grade shall be provided with not less than two independent exits. In residential buildings, every story exceeding two stories above grade shall be provided with not less than two independent exits. In stories where more than one exit is required, all occupants shall have access to at least two exits. Every occupied story which is both totally below grade and greater than 2,000 square feet (186 m 2 ) shall be provided with not less than two independent exits. Exception: A single exit is acceptable under any one of the following conditions: I. Where the building is equipped throughout with an automatic sprinkler system and an automatic fire de- tection system with smoke detectors located in all corridors, lobbies and common areas. 2. Where the building is equipped throughout with an automatic fire detection system and the exit is an approved smokeproof enclosure or pressurized stair - way. 3. Where an existing fire escape conforming to the build- ing code is provided in addition to the single exit. 4. Where permitted by the building code. 702AArrangement. Exits from dwelling units, rooming units, guestrooms and dormitory units shall not lead through other such units, or through toilet rooms or bathrooms. 702.5 Exit signs. All means of egress shall be indicated with approved "Exit" signs where required by the building code. All "Exit' signs shall be maintained visible and all illuminated "Exit" signs shall be illuminated at all times that the building is occupied. 702.6 Corridor enclosure. All corridors serving an occupant load greater than 30 and the openings therein shall provide an effective barrier to resist the movement of smoke. All transoms, louvers, doors and other openings shall be closed or shall be self - dosing. Exceptions: I. Corridors in occupancies, other than high -hazard oc- cupancies, which are equipped throughout with an automatic sprinkler system. 2. Patient room doors in corridors in health care occu- pancies where smoke barriers are provided in accord- ance with the fire prevention code, are not required to be self - closing. 3. Corridors in educational occupancies where each room that is occupied for instruction or assembly purposes has at least one -half of the required means of egress doors opening directly to the exterior of the building at ground level. 4. Corridors that are in compliance with the building code. 702.7 Dead -end travel distance. All corridors that serve more than one exit shall provide direct connection to such exits. The length of a dead -end corridor shall not exceed 35 feet (10668 mm) where the building is not equipped throughout with an automatic sprinkler system. The dead -end travel distance limi- tation shall be increased to 70 feet (21336 mm) where the building is equipped throughout with an automatic sprinkler system. Exception: Dead ends that are in compliance with the building code. 702.8 Aisles. Arrangements of chairs or tables and chairs shall provide for ready access by aisle accessways and aisles to each egress door. The minimum clear width of each aisle in assem- bly, educational and health care occupancies shall be main- tained in accordance with the requirements of the building code. In all other occupancies, aisles shall have a minimum required clear width of 44 inches (1118 mm) where serving an occupant load greater than 50, and 36 inches (914 mm) where serving an occupant load of 50 or less. The clear width of aisles shall not be obstructed by chairs, tables or other objects. 702.9 Stairways, handrails and guards. Every exterior and interior flight of means of egress stairs serving any building or portion thereof and having more than four risers shall have a handrail on at least one side of the stair. Every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) nor more than 42 inches (1067 mm) -- high, measured vertically above the nosing of the tread or above the finished floor of the landing or walking surface. Guards shall not be less than 30 inches (762 mm) high above the flour 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE 19 702. 10 -705.6 of the landing. balcony, porch. deck, ramp or other walking surface. Exception: Guards are not required at any location where guards are exempted by the building code. 702.10 Stairway identification. A sign shall be provided at each - floor landing in all interior stairways more than three stories above grade, designating the floor level above the floor of exit discharge. All elevator lobby call stations on all floor levels shall be identified by approved signs in accordance with the requirements for new buildings in the building code. Exception: The emergency sign shall not be required for elevators that are part of an accessible means of egress complying with the building code. 702.11 Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except as provided for in Section 702.11.1. 702.11.1 Locks permitted. Locks or fasteners shall not be installed on egress doors except in accordance with the following conditions: 1. In mental, penal or other institutions where the secu- rity of inmates is necessary, in which case properly trained supervisory personnel shall be continuously on duty and approved provisions are made to remove occupants safely in case of fire or other emergency. 2. In problem security areas, special - purpose door alarms or locking devices shall be approved prior to installation. Manually operated edge or surface - molded flush bolts are prohibited. 3. Where the door hardware conforms to that permitted by the building code. 702.12 Emergency escape. Every sleeping room located be- low the third story in residential and group home occupancies shall have at least one operable window or exterior door approved for emergency egress or rescue; or shall have access to not less than two approved independent exits. Exception: Buildings equipped throughout with an auto- matic fire suppression system. 702.12.1 Security. Bars, grilles or screens placed over emer- gency. escape windows shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the window. SECTION 703 ACCUMULATIONS AND STORAGE 703.1 Accumulations. Rubbish, garbage or other materials shall not be stored or allowed to accumulate in stairways, passageways, doors, windows, fire escapes or other means of egress. 703.2 Hazardous material. Combustible, flammable, explo- sive or other hazardous materials, such as paints, volatile oils and cleaning fluids, or combustible rubbish, such as wastepa- per, boxes and rags, shall not be accumulated or stored unless such storage complies with the applicable requirements of the building code and the fire prevention code. SECTION 704 FIRERESISTANCE RATINGS 704.1 General. The fireresistance rating of floors. walls. ceil- ings, and other elements and components required be the building code shall be maintained. 704.2 Maintenance. All required fire doors and smoke barriers shall be maintained in good working order, including all hard- ware necessary for the proper operation thereof. Fire doors shall not be held open by door stops, wedges and other unapproved hold -open devices. SECTION 705 FIRE PROTECTION SYSTEMS 705.1 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 condi- tion at all times in accordance with the fire prevention code. 705.2 Fire suppression system. Fire suppression systems shall be maintained in proper operating condition at all times. 705.3 Standpipe systems. Standpipe systems shall be main- tained in proper operating condition at all times. Hose connec- tions shall be unobstructed. 705.4 Fire extinguishers. All portable fire extinguishers shall be visible, provided with ready access thereto, and maintained in an efficient and safe operating condition. Extinguishers shall be of an approved type. 705.5 Smoke detectors. A minimum of one approved single - station or multiple - station smoke detector shall be installed in each nestroom, suite or sleeping area in residential and group home occupancies, and in dwelling units in the immediate vicinity of the bedrooms in occupancies in one- and two- family dwellings and multifamily dwellings. In all residential occu- pancies, smoke detectors shall be required on every story of the dwelling unit, including basements. In dwelling units with split levels and without an intervening door between the adjacent levels, a smoke detector 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. -. 705.5.1 Installation. All detectors shall be installed in ac- cordance with the building code and the manufacturer's instructions. When actuated, the smoke detectors shall pro- vide an alarm suitable to warn the occupants within the individual room or dwelling unit. - 705.5.2 Power source. The power source for smoke detec. tors shall be either an AC primary power source or a moni- tored battery primary power source. 705.5.3 Tampering. Anyone tampering or interfering with the effectiveness of a smoke detector shall be in violation of this code. 705.6 Fire alarm systems. Fire alarm systems shall be in proper operating condition at all times. 20 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE AGENDA ITEM l� l 'REQUEST FOR COUNCIL ACTION Sept. zs z000 _ PUBLIC HEARINGS X ORDINANCES FOR 1ST READING (Date: _ BIDS /MOTIONS _ ORDINANCES FOR 2ND READING RESOLUTIONS Quasi- Judicial: X Yes No SUBJECT: An ordinance amending Section 15 (Nuisance) of the Code of Laws by adding a definition of "proscribed acts ", declaring such acts as public nuisances, providing for the abatement of such nuisances, and enabling the City to close businesses declared a "specified crime property" upon repeated occurrences of proscribed acts. SUMMARY AND BACKGROUND: The amendment adds definitions and a new article to Chapter 15 (Nuisances) of the Code of Laws. The amendment to the definition section defines certain activities (drug manufacturing, prostitution, or disturbing the peace, among others) as proscribed acts. The new Article III then declares the proscribed acts to be nuisances which are subject to existing nuisance abatement procedures. If five or more violations of the proscribed acts occur on a property within a twelve month period, a property can be declared a "specified crime property" and can be closed by court order upon presentation of evidence by the Cl -)f Police. The Article also includes emergency closure powers. Minimum fines and closure times are spr,.._.ied in the ordinance. This ordinance applies to all commercial, industrial and residential properties in the City.. ATTACHMENTS: 1. Staff Memo 2. Council Bill No. 1— Original budgeted amount: Actual contracted amount: of expenditure on line item: Account No.: N.A. $0 $0 $0 STAFF RECOMMENDATION: Approval on first reading. ORIGINATED BY: STAFF RESPONSIBLE: Jerry Dahl, Alan White SUGGESTED MOTION: "I move to approve Council Bill No. Q 6 — on first reading, ordered published, public hearing set for October 23, 2000 at 7:00 P.M. in City Council Chambers, Municipal Building, and if approved on second reading take effect 15 days after final publication." City Affairs Committee, Hotel/Motel Task Force C:\ MyFiles\WPFiles\Projeccs\zoning amendmen6\=Wl ce.wpd of wHegr City of Wheat Ridge Po Planning and Development Department U Memorandum TO: City Council FROM: Alan White, Planning and Development Director SUBJECT: Hotel/MotelOrdinances DATE: September 14, 2000 The ordinance adds definitions and a new article to Chapter 15 (Nuisances) of the Code of Laws. The amendment to the definition section defines certain activities (drug manufacturing, prostitution, or disturbing the peace, among others) as proscribed acts. The new Article III then declares the proscribed acts to be nuisances which are subject to existing nuisance abatement procedures for enforcement of violations. Proscribed acts include not only criminal activities, but violations of occupancy loads and any requirement of the Uniform Building Code. If five or more violations of the proscribed acts occur on a property within a twelve month period, a property can be declared a "specified crime property" and can be closed by court order upon presentation of evidence by the Chief of Police. The Article also includes emergency closure powers. This ordinance applies not just to hotel/motel properties in the City, but to all commercial, industrial and residential properties. The ability to do inspections of motels was felt by the Task Force to be a key to enforcing building code violations. Normally, inspections are only permitted as part of obtaining a building permit. The City's business licensing procedures (Section 11- 26(e), Licenses) in the Code of Laws permits access to licensed premises by City inspectors and investigators "for the purpose of performing their duties under City and state law." This provision enables the City to conduct periodic inspections of the hotels in the City and no additional legislation is needed. A statement notifying businesses that they are subject to inspections should be included on all business license applications and licenses. C:\MyFiles \WPFiles\Pmject \horelpmgam\cc memo ords.wpd CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 26 Ordinance No. Series of 2000 TITLE: AN ORDINANCE AMENDING CHAPTER 15 OF THE WHEAT RIDGE CODE OF LAWS BY AMENDING SECTION 15 -1, DEFINITIONS, ADDING SECTIONS 15 -31 THROUGH 15 -34 AND ADDING A NEW ARTICLE III, SECTIONS 15 -40 THROUGH 15 -46, ENTITLED "CLOSURE PROCEDURES FOR SPECIFIED CRIME PROPERTIES." WHEREAS, Section 31- 15- 401(1)(c),C.R.S. authorizes the City to declare and abate public nuisances; and WHEREAS, Chapter 15 of the Code of Laws presently contains provisions related to nuisance abatement and enforcement; WHEREAS, the City Council wishes to amend Chapter 15 to address, abate and enforce nuisances arising out of criminal conduct occurring on private properties; and WHEREAS, the City Council finds and determines that "specified crime properties" pose a danger to the public health, safety, and general welfare of the citizens of Wheat Ridge and that amendments to Chapter 15 to abate such nuisances through closure procedures is necessary to protect the City's residents. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 15 -1, Definitions, of the Code of Laws is hereby amended by adding the following definitions to read: "ABATE" SHALL MEAN TO BRING INTO COMPLIANCE, HALT, ELIMINATE OR REMEDY. "PROSCRIBED ACT(S)" SHALL MEAN ANY ONE OF THE FOLLOWING: (1) PROSTITUTION OR SOLICITATION OF PROSTITUTION, SECTIONS 16 -201 AND 202, RESPECTIVELY, OF THIS CODE OF LAWS; (2) PROFESSIONAL GAMBLING, C.R.S. § 18 -10- 102(8); GAMBLING ON PREMISES, C.R.S. § 18 -10- 102(7); (3) THE MANUFACTURE, CULTIVATION, GROWTH, PRODUCTION, PROCESSING, SALE, DISTRIBUTION, STORAGE OR USE, OR POSSESSION FOR ANY UNLAWFUL MANUFACTURE, SALE, DISTRIBUTION OR USE OF A CONTROLLED SUBSTANCE, C.R.S. § 18 -18 -405, EXCEPT FOR POSSESSION OF LESS THAN EIGHT OUNCES OF MARIJUANA, OR ANY IMITATION CONTROLLED SUBSTANCE, C.R.S. § 18 -18 -421; (4) FELONY OR MISDEMEANOR THEFT BY RECEIVING, C.R.S. § 18 -4 -410; (5) UNLAWFUL MANUFACTURE, SALE, OR DISTRIBUTION OF DRUG PARAPHERNALIA, C.R.S. § 18 -18 -429; (6) PROSTITUTION OF A CHILD, C.R.S. § 18 -7- 401(7); SOLICITING FOR CHILD PROSTITUTION, C.R.S. § 18 -7 -402; PANDERING OF A CHILD, C.R3. § 18 -7 -403; KEEPING A PLACE OF CHILD PROSTITUTION, C.R.S. § 18 -7 -404; PIMPING A CHILD, C.R.S. § 18 -7 -405; OR INDUCEMENT OF CHILD PROSTITUTION, C.R.S. § 18 -7- 405.5; (7) SEXUAL EXPLOITATION OF CHILDREN, C.R.S. § 18 -6 -403; (8) THE ENGAGEMENT BY ANY ONE PERSON IN DISTURBING THE PEACE WITHIN THE MEANING OF CODE OF LAWS SECTIONS 16 -101 - 110; (9) A VIOLATION OF ANY PROVISION OF THE COLORADO LIQUOR CODE (C.R.S. §12-47-101, ET SEQ.) OR THE COLORADO BEER CODE (C.R.S. § 12 -46 -101, ET SEQ.); (10) A VIOLATION OF ANY PROVISION OF THE COLORADO ESCORT SERVICE CODE, C.R.S. § 12- 25.5 -101, ET SEQ.; (11) A VIOLATION OF ANY PROVISION OF THE COLORADO MASSAGE PARLOR CODE, C.R.S. § 12 -48.5 -101, ET SEQ.; (12) ANY OFFENSE RELATING TO FIREARMS AND WEAPONS, AS DEFINED IN C.R.S. §§18-12-102,18-12-107.5, AND 18 -12 -109; (13) TO MAINTAIN, USE, RENT OR LEASE ANY PROPERTY OR SUBUNIT THEREOF INCLUDING SINGLE - FAMILY DWELLINGS, WHERE PEOPLE ARE ALLOWED TO CONGREGATE, GATHER, OR LOITER IN SUCH A MANNER AS TO DISTURB THE PEACE OF OTHER PERSONS LAWFULLY ON THE PROPERTY ITSELF OR LAWFULLY IN THE VICINITY OF THE PROPERTY; . (14) TO MAINTAIN OR USE ANY BUILDING OR STRUCTURE WHICH SUBSTANTIALLY INJURES OR ENDANGERS THE COMFORT, HEALTH, REPOSE OR SAFETY OF THE PUBLIC BY REASON LCW5302M53663.02 -2- OF VANDALISM, INADEQUATE MAINTENANCE, ABANDONMENT OR OTHERWISE INCLUDING: a. VACANT, INADEQUATELY MAINTAINED, OR BOARDED UP BUILDINGS OR STRUCTURES LOCATED WITHIN 1,000 FEET OF A RESIDENTIAL ZONE DISTRICT WHICH DO NOT SHOW EVIDENCE OF CURRENT CONSTRUCTION OR REMODELING ACTIVITY; OR b. VACANT BUILDINGS OR STRUCTURES, REGARDLESS OF PROXIMITY TO A RESIDENTIAL ZONE DISTRICT, WHICH ARE NOT SECURE AND TO WHICH ENTRY MAY BE MADE THROUGH OPENED OR UNLOCKED DOORS, WINDOWS OR OTHER OPENINGS; (15) TO MAINTAIN, USE, RENT OR LEASE ANY PROPERTY OR SUBUNIT THEREOF IN A MANNER OR CONDITION WHICH EXCEEDS THE OCCUPANCY LOAD OF THE PROPERTY OR SUBUNIT THEREOF OR OTHERWISE VIOLATES THE UNIFORM BUILDING CODE, AS ADOPTED AND AMENDED BY THE CITY; Section 2. Section 15 -1, Definitions, of the Code of Laws is hereby amended by amending the following definition to read: "AGENT" SHALL MEAN ANY PERSON AUTHORIZED BY THE OWNER TO ACT AS A REPRESENTATIVE, TENANT OR MANAGER OF OWNER'S REAL PROPERTY. Section 3. Section 15 -9, Enforcement and Remedies, of the Code of Laws, is hereby amended by inserting "or Section 15 -33" in subsection (b) to read: (b) Criminal actions. When an alleged violation of this chapter has not been abated within the time specified in any notice issued pursuant to section 15 -5(a) OR SECTION 15 -33: Section 4. Article III, Specified Nuisances, of Chapter 15 is hereby amended by adding the following Sections 15 -31 through 15 -34 to read: SEC. 15 -31. NUISANCES INVOLVING PROSCRIBED ACTS. IT IS HEREBY DECLARED TO BE A PUBLIC NUISANCE AND SHALL BE UNLAWFUL FOR ANY OWNER OR AGENT: (a) TO COMMIT, CONDUCT, PROMOTE, FACILITATE, ALLOW, FAIL TO PREVENT OR OTHERWISE LET HAPPEN ANY PROSCRIBED ACT, AS DEFINED IN SECTION 15 -1 OF THIS CHAPTER, UPON THE OWNER'S PROPERTY SITUATED WITHIN THE LIMITS OF THE CITY. LCM \530274353663.02 -3- (b) FOR PURPOSES OF THIS SECTION, WHERE A PROSCRIBED ACT REFERENCES A SECTION CONTAINED WITHIN THE STATE STATUTES (C.R.S.), OR THE WHEAT RIDGE CODE OF LAWS, SAID ACTIVITY SHALL HAVE THE SAME DEFINITION AS CONTAINED WITHIN THE STATE STATUTES OR THE CODE OF LAWS BUT SHALL NOT REQUIRE THAT THE ACTIVITY WAS CHARGED OR PROSECUTED TO A FINAL JUDGMENT. SEC. 15 -32. ABATEMENT PROCEDURES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN SECTIONS 15 -33 AND 15 -34, ABATEMENT AND ENFORCEMENT PROCEDURES FOR VIOLATIONS OF SECTION 15 -30 SHALL BE IN ACCORDANCE WITH ARTICLE I OF THIS CHAPTER. SEC. 15 -33. PRIOR NOTIFICATION. (a) AT LEAST FIFTEEN (15) DAYS PRIOR TO THE ISSUANCE OF A MUNICIPAL SUMMONS AND COMPLAINT FOR AN ALLEGED VIOLATION OF SECTION 15 -31, THE CITY SHALL PROVIDE WRITTEN NOTICE IN ACCORDANCE WITH SECTION 15 -5(b) & (c) OF THIS CHAPTER. SEC. 15-34. EFFECT OF ABATEMENT EFFORTS; DEFENSE TO ACTION. (a) IF AN OWNER OR AGENT IS LEASING THE PROPERTY TO ONE OR MORE TENANTS AND THE ALLEGED VIOLATION(S) UNDER SECTION 15 -30 WAS COMMITTED BY ONE OR MORE OF THE TENANTS OR OCCUPANTS OF THE PROPERTY, IT SHALL BE A DEFENSE TO AN ACTION UNDER THIS ARTICLE THAT SAID PERSON HAS: (i) EVICTED, OR ATTEMPTED TO EVICT BY COMMENCING AND PURSUING WITH DUE DILIGENCE APPROPRIATE COURT PROCEEDINGS, ALL OF THE TENANTS AND OCCUPANTS OF THE PROPERTY THAT COMMITTED SUCH VIOLATIONS THAT CONSTITUTE THE ALLEGED PUBLIC NUISANCE, AND (ii) HAS, CONSIDERING THE NATURE AND EXTENT OF THE SEPARATE VIOLATIONS, UNDERTAKEN AND PURSUED WITH DUE DILIGENCE REASONABLE MEANS TO AVOID A RECURRENCE OF SIMILAR VIOLATIONS ON THE PROPERTY BY THE PRESENT AND FUTURE TENANTS AND OCCUPANTS OF THE PROPERTY. (b) SUCH DEFENSE SHALL BE AN ABSOLUTE DEFENSE WHICH IS AVAILABLE TO THE OWNER OR AGENT ONLY AS TO THE FIRST C! CAUSE OF ACTION BROUGHT BY THE CITY FOR ALLEGED VIOLATIONS OF SECTION 15 -30. ANY SUBSEQUENT CAUSE OF ACTION ALLEGING A VIOLATION OF SECTION 15 -30 SHALL NOT ENTITLE SUCH OWNER OR AGENT TO SAID DEFENSE. Section 5. Article III, Reserved, of Chapter 15 is hereby amended to add the following Sections 15 -40 through 15 -46 to read: ARTICLE III. CLOSURE PROCEDURES FOR SPECIFIED PROPERTY CRIME PROPERTY SEC. 15-40. DEFINITIONS. THE FOLLOWING WORDS, TERMS AND PHRASES, WHEN USED IN THIS ARTICLE. SHALL HAVE THE MEANINGS ASCRIBED TO THEM IN THIS SECTION, EXCEPT WHERE THE CONTEXT CLEARLY INDICATES A DIFFERENT MEANING: CHARGEABLE OFFENSE MEANS AN ACT OR OMISSION THAT CONSTITUTES ANY PROSCRIBED ACT AS DEFINED IN SECTION 15- 1 OF THIS CHAPTER. CHIEF OF POLICE INCLUDES ANY PERSON DESIGNATED BY THE POLICE CHIEF AS HIS OR HER DELEGATE IN THE ENFORCEMENT OF THIS ARTICLE. COURT MEANS THE CITY OF WHEAT RIDGE MUNICIPAL COURT. KNOWLEDGE MEANS WHAT AN OBJECTIVE, REASONABLY CAUTIOUS PERSON WOULD HAVE KNOWN UNDER SIMILAR CIRCUMSTANCES. PERSON MEANS ANY NATURAL PERSON, ASSOCIATION, PARTNERSHIP, OR CORPORATION CAPABLE OF OWNING OR USING PROPERTY IN THE CITY. SPECIFIED CRIME PROPERTY MEANS ANY PROPERTY OR STRUCTURE WHEREIN FIVE (5) OR MORE CHARGEABLE OFFENSES INVOLVING ANY PROSCRIBED ACT AS DEFINED IN SECTION 15 -1 OF THIS CHAPTER HAVE OCCURRED WITHIN A TWELVE MONTH PERIOD; PROVIDED, HOWEVER, THAT WITHIN FIFTEEN (15) DAYS OF EACH CHARGEABLE OFFENSE, EXCEPT THE FIFTH AND FINAL CHARGEABLE OFFENSE NEEDED TO PROVE THE EXISTENCE OF A SPECIFIED CRIME PROPERTY UNDER THIS ARTICLE, THE CITY HAS SENT NOTICE OF SUCH OFFENSE TO THE OWNER AND OCCUPANT IN ACCORDANCE WITH SECTION 15 -33. LCK5302n353663.02 -5- STRUCTURE MEANS ANY TYPE OF BUILDING, DWELLING, EDIFICE, ENCLOSURE, GARAGE, HOUSE, ROOM, SHED, SHOP, STORE, WAREHOUSE, OR UNIT THEREOF. SEC. 15-41. SPECIFIED CRIME PROPERTY PROHIBITED. (a) IT IS UNLAWFUL FOR ANY STRUCTURE TO BE EMPLOYED OR USED AS SPECIFIED CRIME PROPERTY WITHIN THE CITY. IF A STRUCTURE IS FOUND TO BE USED OR EMPLOYED IN VIOLATION OF THIS SECTION, IT IS SUBJECT TO CLOSURE FOR A PERIOD OF UP TO ONE YEAR. (b) IT IS UNLAWFUL FOR ANY PERSON TO EMPLOY, USE, OR MAINTAIN, OR MAKE AVAILABLE OR ALLOW THE EMPLOYMENT, USE, OR MAINTENANCE OF STRUCTURES AS SPECIFIED CRIME PROPERTY WITHIN THE CITY. ANY PERSON WHO FAILS TO VOLUNTARILY CEASE THE USE OR OCCUPANCY OF A STRUCTURE AS REQUIRED BY THIS ARTICLE MAY BE REMOVED PURSUANT TO A COURT ORDER AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD BEFORE THE COURT. SEC. 15-42. CLOSURE PROCEDURE. (a) WHEN THE CHIEF OF POLICE BELIEVES THAT A STRUCTURE IS BEING EMPLOYED, USED, OR MAINTAINED IN VIOLATION OF SECTION 15 -41, THE CHIEF OF POLICE MAY COMMENCE PROCEEDINGS TO CAUSE THE CLOSURE OF THE STRUCTURE. EXCEPT IN CASES BROUGHT PURSUANT TO SECTION 15 -45, THE CHIEF OF POLICE SHALL: (1) NOTIFY THE OWNER OF RECORD IN WRITING THAT THE STRUCTURE HAS BEEN DETERMINED TO BE SPECIFIED CRIME PROPERTY. THE NOTICE SHALL CONTAIN THE FOLLOWING INFORMATION: a. THE STREET ADDRESS OR A LEGAL DESCRIPTION SUFFICIENT FOR IDENTIFICATION OF THE PREMISES ON WHICH THE STRUCTURE IS LOCATED. b. A STATEMENT THAT THE CHIEF OF POLICE HAS FOUND THE STRUCTURE TO BE IN VIOLATION OF THIS ARTICLE WITH A CONCISE DESCRIPTION OF THE CONDITIONS LEADING TO HIS OR HER FINDINGS. (2) CAUSE A COPY OF THE NOTICE TO BE SERVED ON THE OWNER OR HIS OR HER AGENT AT LEAST TEN DAYS PRIOR TO THE COMMENCEMENT OF ANY JUDICIAL ACTION BY THE CITY. SERVICE SHALL BE MADE EITHER PERSONALLY OR LCM\5 UM53663.02 -6- BY MAILING A COPY OF THE NOTICE BY CERTIFIED MAIL, POSTAGE PREPAID, WITH RETURN RECEIPT REQUESTED, TO THE PERSON AT HIS OR HER ADDRESS AS IT APPEARS ON THE LAST TAX ASSESSMENT OR AS MAY BE OTHERWISE KNOWN TO THE CHIEF OF POLICE. (3) CAUSE A COPY OF THE NOTICE TO BE SERVED IN PERSON OR BY CERTIFIED MAIL, POSTAGE PREPAID , WITH RETURN RECEIPT REQUESTED TO THE OCCUPANT OF THE STRUCTURE NOT LESS THAN TEN DAYS TO THE COMMENCEMENT OF ANY JUDICIAL PROCEEDING. (4) CAUSE A COPY OF THE NOTICE TO BE POSTED UPON THE PROPERTY NOT LESS THAN TEN DAYS PRIOR TO THE COMMENCEMENT OF ANY JUDICIAL PROCEEDINGS. (b) THE FAILURE OF ANY PERSON OR OWNER TO RECEIVE ACTUAL NOTICE OF THE DETERMINATION BY THE CHIEF OF POLICE SHALL NOT INVALIDATE OR OTHERWISE AFFECT THE PROCEEDINGS UNDER THIS ARTICLE. (c) AFTER ISSUANCE OF A NOTICE AS PROVIDED IN THIS SECTION, THE CITY MAY COMMENCE CIVIL PROCEEDINGS IN COURT SEEKING THE CLOSURE OF THE STRUCTURE AS WELL AS THE IMPOSITION OF CIVIL PENALTIES AGAINST ANY OR ALL THE OWNERS THEREOF AND ANY SUCH OTHER RELIEF AS MAY BE DEEMED APPROPRIATE. NO FEES SHALL BE ASSESSED FOR FILING PLEADINGS IN CONNECTION WITH THE ENFORCEMENT OF THIS ARTICLE. SEC. 15-43. ENFORCEMENT OF CLOSURE ORDER; COSTS; CIVIL PENALTY. (a) IF A COURT FINDS THAT A STRUCTURE CONSTITUTES SPECIFIED CRIME PROPERTY AS DEFINED IN THIS ARTICLE, THE COURT SHALL ORDER THAT IT SHALL BE CLOSED FOR A PERIOD OF TIME NOT TO EXCEED ONE YEAR, PROVIDED THAT THE FOLLOWING MINIMUM STANDARDS SHALL APPLY: (1) FOR THE FIRST CLOSURE ORDER APPLICABLE TO THE PROPERTY, A MINIMUM OF ONE MONTH; (2) FOR THE SECOND CLOSURE ORDER APPLICABLE TO A PROPERTY, A MINIMUM OF TWO MONTHS; THE COURT SHALL ALSO ORDER THAT THE OWNER PAY TO THE CITY A CIVIL PENALTY OF $500, AND IN ADDITION, IN THE DISCRETION OF THE COURT, A FURTHER CIVIL LCW53027\353663.02 -7- PENALTY OF $50.00 FOR EACH DAY THE OWNER HAD KNOWLEDGE OF ACTIVITIES OR CONDITIONS AT THE STRUCTURE CONSTITUTING A VIOLATION OF THIS ARTICLE. (b) THE COURT MAY ALSO AUTHORIZE THE CITY TO PHYSICALLY SECURE THE STRUCTURE AGAINST USE OR OCCUPANCY IF THE OWNER FAILS TO DO SO WITHIN THE TIME SPECIFIED BY THE COURT. IF THE CITY IS AUTHORIZED TO SECURE THE PROPERTY, ALL COSTS REASONABLY INCURRED BY THE CITY TO EFFECT A CLOSURE SHALL BE MADE AN ASSESSMENT LIEN UPON THE PROPERTY. AS USED IN THIS SUBSECTION, THE TERM "COSTS' MEANS THOSE COSTS ACTUALLY INCURRED BY THE CITY FOR THE PHYSICAL SECURING OF THE STRUCTURE. THE DEPARTMENT OF PLANNING AND DEVELOPMENT SHALL PREPARE A STATEMENT OF COSTS TO BE USED FOR THE LABOR AND MATERIALS. LIENS IMPOSED BY THIS ARTICLE SHALL BE COLLECTED IN ALL RESPECTS AS PROPERTY TAXES. (c) ANY PERSON WHO IS ASSESSED THE COSTS OF CLOSURE OR A CIVIL PENALTY BY THE COURT SHALL BE PERSONALLY LIABLE FOR THE PAYMENT THEREOF TO THE CITY. (d) THE OWNER MAY APPLY TO THE COURT AT ANY TIME FOR RELIEF FROM SUCH CLOSURE ORDER AND JUDGMENT AS PROVIDED BY SECTION 15 -46. SEC. 15-44. COMMENCEMENT OF ACTIONS; BURDENS OF PROOF; DEFENSES; MITIGATION OF CIVIL PENALTY. (a) EXCEPT IN A PROCEEDING UNDER SECTION 15 -45 (EMERGENCY CLOSURES), IF AFTER THE COMMENCEMENT BUT PRIOR TO THE TRIAL BROUGHT BY THE CITY PURSUANT TO THIS ARTICLE AN OWNER SPECIFICALLY STIPULATES TO ABATEMENT OF THE CONDITIONS GIVING RISE TO THE VIOLATION, THE CITY MAY AGREE TO STAY THE PROCEEDINGS. THE CITY MAY SEEK RELIEF FROM ANY STAYED PROCEEDINGS WHERE THE OWNER FAILS TO PROCEED WITH ABATEMENT AS STIPULATED. (b) IN AN ACTION SEEKING THE CLOSURE OF A PROPERTY OR STRUCTURE AS SPECIFIED CRIME PROPERTY, THE CITY SHALL HAVE THE INITIAL BURDEN OF PROOF TO SHOW BY 'A PREPONDERANCE OF THE EVIDENCE THAT THE PROPERTY OR STRUCTURE IS A SPECIFIED CRIME PROPERTY. (c) IN AN ACTION SEEKING CIVIL PENALTIES FROM AN OWNER, THE CITY SHALL HAVE THE INITIAL BURDEN OF PROOF TO SHOW LCM \53027\353663.02 -8- BY A PREPONDERANCE OF THE EVIDENCE THAT THE OWNER HAD KNOWLEDGE OF ACTIVITIES OR CONDITIONS AT THE PROPERTY OR STRUCTURE CONSTITUTING A VIOLATION OF THIS ARTICLE. (d) IN ESTABLISHING THE AMOUNT OF ANY CIVIL PENALTY, THE COURT SHALL CONSIDER ANY OF THE FOLLOWING FACTORS, AS THEY MAY BE APPROPRIATE, AND SHALL CITE THOSE FOUND APPLICABLE: (1) THE ACTIONS TAKEN BY THE OWNER TO MITIGATE OR CORRECT THE CONDITIONS GIVING RISE TO THE CLOSURE OF THE SPECIFIED CRIME PROPERTY; (2) THE FINANCIAL CONDITION OF THE OWNER; (3) THE MAGNITUDE OR GRAVITY OF THE CONDITIONS GIVING RISE TO THE CLOSURE OF THE SPECIFIED CRIME PROPERTY; (4) THE ECONOMIC OR FINANCIAL BENEFIT ACCRUING OR LIKELY TO ACCRUE TO THE OWNER AS A RESULT OF THE CONDITIONS GIVING RISE TO THE CLOSURE OF THE SPECIFIED CRIME PROPERTY; (5) THE COOPERATIVENESS OF THE OWNER WITH THE CITY; (6) THE COST TO THE CITY OF INVESTIGATING AND CORRECTING OR ATTEMPTING TO CORRECT THE CONDITIONS GIVING RISE TO THE CLOSURE OF THE SPECIFIED CRIME PROPERTY; AND (7) ANY OTHER FACTOR DEEMED BY THE COURT TO BE RELEVANT. SEC. 15-45. CLOSURE DURING PENDENCY OF ACTION; EMERGENCY CLOSURES. IF IT IS DETERMINED THAT THE PROPERTY OR STRUCTURE IS AN IMMEDIATE THREAT TO THE PUBLIC SAFETY AND WELFARE, THE CITY MAY APPLY TO THE COURT FOR SUCH IMMEDIATE EX PARTE INTERIM RELIEF THAT IS DEEMED APPROPRIATE WITHOUT PRIOR NOTIFICATION PURSUANT TO SECTION 15- 42(A). THE COURT SHALL ORDER THE FORTHWITH SERVICE OF THE NORMAL PLEADINGS TOGETHER WITH A COPY OF EMERGENCY ORDER. LCM\5 UM53663.02 -9- SEC. 15 -46. RELIEF FROM CLOSURE ORDER. (a) AN OWNER OF A PROPERTY OR STRUCTURE DETERMINED TO BE SPECIFIED CRIME PROPERTY MAY OBTAIN RELIEF FROM THE COURT'S JUDGMENT IF THE OWNER: (1) APPEARS AND PAYS ALL COSTS ASSOCIATED WITH THE PROCEEDINGS UNDER THIS ARTICLE; (2) FILES A BOND IN A PLACE AND ON SUCH FORM AS THE COURT MAY BY ORDER DIRECT IN AN AMOUNT NOT LESS THAN THE TAX - ASSESSED VALUE OF THE PROPERTY OR STRUCTURE AND KEEPS THE BOND IN FORCE FOR A PERIOD OF NOT LESS THAN ONE YEAR OR FOR SUCH LONGER PERIOD AS THE COURT DIRECTS; AND (3) ENTERS INTO A STIPULATION WITH THE CITY THAT THE OWNER WILL IMMEDIATELY ABATE THE CONDITIONS GIVING RISE TO THE SPECIFIED CRIME PROPERTY AND WILL UNDERTAKE AND PURSUE WITH DUE DILIGENCE REASONABLE MEANS TO AVOID AND PREVENT SUCH UNLAWFUL CONDITIONS FROM BEING ESTABLISHED OR MAINTAINED THEREAFTER. THE STIPULATION SHALL BE MADE PART OF THE COURT'S FILE. (b) IF THE OWNER VIOLATES THE TERMS OF THE STIPULATION, THE CITY MAY THEREAFTER APPLY TO THE COURT FOR AN ORDER AWARDING UP TO THE ENTIRE AMOUNT OF THE BOND TO THE CITY AS A PENALTY AS WELL AS SUCH OTHER RELIEF, INCLUDING CLOSURE FOR ANY ADDITIONAL PERIOD OF UP TO ONE YEAR, THAT IS DEEMED BY THE COURT TO BE APPROPRIATE. Section 6. Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 7. Severability' Conflicting Ordinances Repealed If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. LCM \53027\353663.02 _10- Section 8. Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2000, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2000, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2000. SIGNED by the Mayor on this day of 1 2000. Gretchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: LCM \53027\353663.02 -11- ! CITY COUNCIL MINUTES: August 28, 2000 Page - 3 - Item 3. Council Bill 22 - An ordinance amending Section 26 -5(a) of the Wheat Ridge Code of Laws by amending definitions pertaining to "Family ", "Nonprofit Group Home ", and 'Residential Group Home ". Council Bill 22 was introduced on second reading by Mr. Siler; title and summary read by the Clerk; Ordinance No. 1204 assigned. Mr. Dahl explained the changes from the original ordinance. Motion by Mr. Siler to approve Council Bill 22 (Ordinance No. 1204), amending the definitions pertaining to "family', "non- profit group home" and 'residential group home" for the purpose of clarifying the definitions to aid in enforcing the new state law requiring sex offenders within seven days of becoming a temporary or permanent resident within a city to register with the local law enforcement agency; seconded by Mr. DiTullio; carried 6 -2 with Mr. Hanley and Mrs. Worth voting no. Item 4. Application for approval of an amendment to the Youngfield Plaza Planned Commercial Development final development plan to allow construction of a CMRS tower at 4056 Youngfield Street. (Case No. WZ- 00 -03) (To be continued to September 25, 2000) Motion by Mr. DiTullio to continue Item 4 to September 25, 2000; seconded by Mrs. Worth; carried 8 -0. ORDINANCES ON FIRST READING Item 5. Council Bill 26 - An ordinance amending Chapter 15 of the Wheat Ridge Code of Laws by amending Section 15 -1, Definitions, adding Sections 15 -31 through 15- 34 and adding a new Article III, Sections 15-40 through 15-46, entitled "Closure Procedures for Specified Crime Properties ". Council Bill 26 was introduced on first reading by Mrs. Worth, who also read the title and summary. Motion by Mrs. Worth that Council Bill 26 be approved on first reading, ordered published, public hearing be set for Monday, September 25, 2000 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; with the following amendment: "This Ordinance shall apply only to residential structures of ten units or more or commercial buildings of ten units or more in the Hotel /Motel areas "; seconded by Ms. Figlus. CITY COUNCIL MINUTES: August 28, 2000 Page - 4 - Motion by Mr. DiTullio to strike the amendment; seconded by Mr. Edwards. Motion by Mr. Siler to postpone this Item to September 25, 2000 and have it added to the September Study Session; seconded by Mr. Mancinelli; carried 5 -3 with Councilmembers Edwards, DiTullio, and Worth voting no. Item 6. Council Bill 27 - An ordinance amending Chapter 5 of the Wheat Ridge Code of Laws by adding Section 5 -82 concerning the adoption by reference of the International Property Maintenance Code. Council Bill 27 was introduced on first reading by Mrs. Worth, who also read the title. Motion by Mrs. Worth that Council Bill 27 be approved on first reading, ordered published, public hearing be set for Monday, September 25, 2000 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mr. Edwards. Motion by Ms. Figlus to postpone this to the September Study Session because this goes in tandem with Item 5; seconded by Mr. Hanley; failed 3 -5 with Councilmembers Shaver, Figlus, and Hanley voting yes. t Original Motion carried 7 -1 with Ms. Figlus voting no. Item 7. Council Bill 28 - An ordinance providing for the approval of a Special Use permit to allow Casino Bus drop -off and pick -up on Commercial -One zoned property located at 12100 West 44`" Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. SUP- 00 -01) (BartMac Corp) Council Bill 28 was introduced on first reading by Mr. Hanley, who also read the title and summary. Motion by Mr. Hanley that Council Bill 28 be approved on first reading, ordered published, public hearing be set for Monday, October 9, 2000 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mr. Mancinelli; carried 7 -1 with Mr. DiTullio voting no. of WMEgT P i ( p m AGENDA ITEM REQUEST FOR COUNCIL ACTION Auqust 2 a, 2000 ��C OR AG _ PUBLIC HEARINGS X ORDINANCES FOR 1ST READING (Date: ) _ BIDS /MOTIONS _ ORDINANCES FOR 2ND READING RESOLUTIONS Quasi- Judicial: X Yes No SUBJECT: An ordinance amending Section 15 (Nuisance) of the Code of Laws by adding a definition of "proscribed acts ", declaring such acts as public nuisances, providing for the abatement of such nuisances, and enabling the City to close businesses declared a "specified crime property" upon repeated occurrences of proscribed acts. SUMMARY AND BACKGROUND: The amendment adds definitions and a new article to Chapter 15 (Nuisances) of the Code of Laws. The amendment to the definition section defines certain activities (drug manufacturing, prostitution, or disturbing the peace, among others) as proscribed acts. The new Article III then declares the proscribed acts to be nuisances which are subject to existing nuisance abatement procedures. If five or more violations of the proscribed acts occur on a property within a twelve month period, a property can be declared a "specified crime property" and can be closed by court order upon presentation of evidence by the Chief of Police. The Article also includes emergency closure powers. Minimum fines and closure times are specified in the ordinance. This ordinance applies not just to hotel/motel properties in the City, but to all commercial, industrial and residential properties. ATTACHMENTS: 1. Staff Memo 2. Council Bill No. Original budgeted amount: $ 0 Actual contracted amount: $ 0 Impact of expenditure on line item: $ 0 Budget Account No.: N.A. STAFF RECOMMENDATION: Approval on first reading. ORIGINATED BY: City Affairs Committee, Hotel/Motel Task Force STAFF RESPONSIBLE: Jerry Dahl, Alan White SUGGESTED MOTION: "I move to approve Council Bill No. on first reading, ordered published, public hearing set for September 11, 2000 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading take effect 15 days after final publication." 4 \NH City of Wheat Ridge Planning and Development Department Memorandum TO: City Council FROM: Alan White, Planning and Development Director SUBJECT: Hotel/Motel Nuisance Ordinance DATE: August 16, 2000 The ordinance adds definitions and a new article to Chapter 15 (Nuisances) of the Code of Laws. The amendment to the definition section defines certain activities (drug manufacturing, prostitution, or disturbing the peace, among others) as proscribed acts. The new Article III then declares the proscribed acts to be nuisances which are subject to existing nuisance abatement procedures for enforcement of violations. Proscribed acts include not only criminal activities, but violations of occupancy loads and any requirement of the Uniform Building Code. If five or more violations of the proscribed acts occur on a property within a twelve month period, a property can be declared a "specified crime property" and can be closed by court order upon presentation of evidence by the Chief of Police. The Article also includes emergency closure powers. This ordinance applies not just to hotel /motel properties in the City, but to all commercial, industrial and residential properties. The ability to do inspections of motels was felt by the Task Force to be a key to enforcing building code violations. Normally, inspections are only permitted as part of obtaining a building permit. The City's business licensing procedures (Section 11- 26(e), Licenses) in the Code of Laws permits access to licensed premises by City inspectors and investigators "for the purpose of performing their duties under City and state law." This provision enables the City to conduct periodic inspections of the hotels in the City and no additional legislation is needed. A statement notifying businesses that they are subject to inspections should be included on all business license applications and licenses. C: \blyFiles \WPFiles\Project khotelpmgmmknuisance ord.wpd of WHEgT � P AGENDA ITEM REQUEST FOR COUNCIL ACTION August' 28, 2000 PUBLIC HEARINGS X ORDINANCES FOR 1ST READING (Date: ) BIDS /MOTIONS _ ORDINANCES FOR 2ND READING RESOLUTIONS Quasi - Judicial: X Yes No SUBJECT: An ordinance amending Section 5 (Buildings) of the Code of Laws by adopting by reference the International Property Maintenance Code with certain modifications. SUMMARY AND BACKGROUND: The Property Maintenance Code establishes standards for the condition and maintenance of interiors and exteriors of structures. Although some of the items in the Property Maintenance Code are addressed by our existing nuisance code, the Property Maintenance Code covers exterior areas and is more specific. The Code also addresses the condition of interior items in addition to minimum standards for lighting, plumbing, ventilation, and mechanical and electrical equipment and facilities. Sections that are duplicative of provisions in our existing nuisance code have been deleted. This ordinance applies not just to hotel/motel properties in the City, but to all commercial and industrial properties, and to residential properties with ten or more units. 1. Staff Memo Int'l Property Maintenance Code Council Bill No. BUDGET IMPACT: Original budgeted amount: $ o Actual contracted amount: $ 0 Impact of expenditure on line item: $ 0 Budget Account No.: N.A. STAFF RECOMMENDATION: Approval on first reading. ORIGINATED BY: City Affairs Committee, Hotel/Motel Task Force STAFF RESPONSIBLE: Jerry Dahl, Alan White SUGGESTED MOTION: "I move to approve Council Bill No. on first reading, ordered published, public hearing set for September 11, 2000 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading take effect 15 days after final publication." C:V NyFiles\NVPFiles \Projects\zoning amendment \propmainl code.wpd of wHEgr City of Wheat Ridge Po Planning and Development Department Memorandum TO: City Council FROM: Alan White, Planning and Development Director SUBJECT: Hotel/MotelOrdinance DATE: August 16, 2000 This ordinance adopts the International Property Maintenance Code by reference as an additional section in Chapter 5 (Buildings and Building Regulations). The Property Maintenance Code establishes standards for the condition and maintenance of interiors and exteriors of structures. Although some of the items in the Property Maintenance Code are addressed by our existing nuisance code, the Property Maintenance Code covers more areas and is more specific. For example, the Property Maintenance Code addresses the condition of exterior stairs and sidewalks, balconies, handrails, door frames, chimneys, and decorative features. The Property Maintenance Code addresses the condition of similar interior items in addition to minimum standards for lighting, plumbing, ventilation, and mechanical and electrical equipment and facilities. Sections that are duplicative of provisions in our existing nuisance code have been deleted. Attached is a copy of the Code with the deleted sections. Based upon City Affairs Committee comments, the ordinance has been written to apply to all commercial and industrial properties, and residential properties of ten or more units. The Property Maintenance Code would appear to be redundant with the Uniform Building Code because both codes address the same items, but it is not. The building code sets standards for construction, whereas the Property Maintenance Code sets standards for maintenance and the condition of structures. The Property Maintenance Code will expand our ability to address the physical condition and maintenance of the motels. As written, this code would apply to any commercial or industrial property or structure, or to any residential structure with ten or more units in the City. C:\MyFilcs\WPFiles\Projects \hotelpmgmm\propmintord. wpd a intenance D ' de INTIItN MNAL CODE COUNCIL 11998 i i nternational o e p rtY c Vl p �• h NAT10�' E CHAPTER 1 ADMINISTRATION SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Property Maintenance Code of [.NAME OF JURISDICTION], hereinafter referred to as "this code." 101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all exist- ing premises and constitute minimum requirements and stand- ards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the ele- ments, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penal- ties. 101.3 Intent. This code shall be construed to secure its ex- pressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. 101.4 Severabilitv. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitu- tional, such decision shall not affect the validity of the remain- ing portions of this code. 102.4 Existing remedies. The pro% isions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous. unsafe and insanitary. - 102.5 Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions. 102.6 Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures desienated by the state or local jurisdiction as historic buildings when such buildings or structures arejudged by the code official to be safe and in the public interest of health. safety and welfare. 102.7 Referenced codes and standards. The codes and stand- ards referenced in this code shall be those that are listed in Chapter 8 and considered pan of the requirements of this code to the prescribed extent of each such reference. Where differ- ences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. 102.8 Requirements not covered by code. Requirements nec- essary for the strength, stability or proper operation of an existing structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official. SECTION 102 APPLICABILITY 102.1 General. The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in Section 101. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govem. 102.2 Maintenance. Equipment, systems, devices and safe- guards required by this code or a previous regulation or code under which the structure or premises was consuvcted, altered or repaired shall be maintained in good working order. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises. 102.3 Application of othercodes. Repairs. additions or altera- tions to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the building, plumbing and mechanical codes and NFPA 70. Nothing in this code shall be construed to cancel, modify or set aside any provision of the zoning code. SECTION 103 DEPARTMENT OF PROPERTY MAINTENANCE INSPECTION 103.1 General. The department of property maintenance in- spection is hereby created and the executive official in charge thereof shall be known as the code official. 103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction: and the code official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees. 103.4 Restriction of employees. An official or employee con- nected with the enforcement of this code, except one whose only connection is that of a member of the board of appeals established under the provisions of Section 111, shall not be engaged in, ordirectly or indirectly connected with. the fumish- ing of labor, materials or appliances for the construction, altera- tion or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner I 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE 103.: -- 105.3.2 of the building: nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the department. 103.5 Liability. The code official. officer or employee charged with the enforcement of this code. while acting for thejurisdic- tion, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or propert7 as a result of an act required or permitted in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of property main- tenance inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the perform- ance of official duties in connection therewith. - 103.6 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule. [JURISDICTION TO INSERT APPROPRIATE SCHEDULE.] SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL 104.1 General. The code official shall enforce the provisions of this code. 104.2 Rule- making authority. The code official shall have authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code, or of vio- lating accepted engineering methods involving public safety. 104.3 Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspec- tions shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.4 Right of entry. The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and sei- zures. If entry is refused or not obtained, the code official is authorized to pursue recourse as provided by law. 104.5 Identification. The code official shall carry proper iden- tification when inspecting structures or premises in the per- formance of duties under this code. 104.6 Notices and orders. The code ofh.ial ,hall i ,,ue all necessary notices or orders to ensure compliance with this code. 104.7 Department records. The code official shall keep offi- cial records of all business and activities of the department specified in the provisions of this code. Such record, X11.111 he retained in the official records as lone as the huwlding or structure to which such records relate remains in e.vistence. unless otherwise provided for by other regulations. 104.8 Coordination of inspections. Whenever in the entorce- ment of this code or another code or ordinance. the responsi- bility of more than one code official of the jurisdiction is involved, it shad be the duty of the code officials involved to coordinate their inspections and administrative orders as full} as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple orconflicting orders. Whenever an inspector from an} agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspectors authority to enforce. the inspector shall report the findings to the code official having jurisdiction. SECTION 105 APPROVAL 105.1 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code. the code official shall have the authority to grant modifications for individual cases, provided the code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files. 105.2 Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installa- tion of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and com- plies with the intent of the provisions of this code. and that the material, method or work offered is. for the purpose intended. at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. 105.3 Required testing. Whenever there is insufficient evi- dence of compliance with the provisions of this code, or evi- dence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. 105.3.1 Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall approve the testing procedures. 105.3.2 Testing agency. All tests shall be performed by an approved agency. 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE 105.3.3 - 108.1.4 105.3.3 Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records. 105.4 Material and equipment reuse. Materials. equipment and devices shall not be reused unless such elements have been reconditioned and tested when necessary. placed in good and proper working condition and approved. I. Delivered personally: or '_. Sent by certified or first -class mail addressed to the last known address; or 3. If the notice is returned showing that the letter was not delivered, a top} thereof shall be posted in a conspicuous place in or about the structure affected by such notice. 107.4 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 106.4. SECTION 106 VIOLATIONS 106.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. 106' Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 107. 106.3 Prosecution of violation. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation. or to require the removal or termination of the unlaw- ful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 106.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, cor- rect or abate a violation, or to prevent illegal occupancy of a building, structure orpremises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. SECTION 107 NOTICES AND ORDERS 107.1 Notice to owner or to person or persons responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefore in the manner prescribed in Sections 107.2 and 107.3. Notices for condemnation proce- dures shall also comply with Section 108.3. 107.2 Form. Such notice prescribed in Section 107.1 shall: I. Be in writinz: ?. 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 make the repairs and improvements required to brine the dwelling unit or structure into compliance with the pro- visions of this code: and 5. Inform the property owner of the right to appeal. 107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is: 107.5 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee awe copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. 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 provid- ing 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, structur- ally unsafe, or of such faulty construction or unstable foun- dation, that partial or complete collapse is possible. 108.1? Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, elec- trical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that 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 decree 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 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE 108.2 —1 to.a _ than permitted under this code. or was erected, altered or occupied contrary to law. 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 to close up the premises within the time specified in the order, the code official shall cause the premises to be closed 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. 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 or the person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equip- ment, it shall also 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 or person respon- sible to comply with the notice provisions within the time given. the code official shall post on the premises or on defec- tive equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the prem- ises, operating the equipment or removing the placard. ,108.5 Prohibited occupancy. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any 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 Removal of placard. 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 con- demnation placard without the approval of the code official shall be subject to the penalties provided by this code. 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 which endangers life, or when any struc- ture 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. makin^ the required repairs. removing the hazardous condition or of demolishin_ the same. 109.2 Temporary safeguards. Notwithstandin_ other provi- sions 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, includim_ 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 us the code official deems necessary to meet such emergency. 109.3 Closing streets. When necessary for the public safem 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. 1095 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdic- tion. The legal counsel of the jurisdiction shall institute appro- priate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. 109.6 Hearing. Any person ordered to take ememencv meas- ures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. SECTION 110 DEMOLITION 110.1 General. The code official shall order the owner of any premises upon which is located any structure, which in the code official's judgment is so old, 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 demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure. 110.2 Notices and orders. All notices and orders shall comply with Section 107. 1103 Failure to comply. If the owner of a premises 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. 110.4 Salvage materials. When any structure has been ordered demolished and removed, the governing body or other desig- nated officer under said contractor arrangement aforesaid shall 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE 111 - 111.8 have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction. including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. SECTION 111 MEANS OF APPEAL 111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. 111.2 Membership of board. The board of appeals shall consist of members who are qualified by experience and train- ing to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The code official shall be an ex- officio member but shall have no vote on any matter before the board. The board shall be appointed by the chief appointing authority. 111.2.1 Alternate members. The chief appointing authority shall appoint two or more alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board member- ship. 111 2.2 Chairman. The board shall annually select one of its members to serve as chairman. 111.2.3 Disqualification of member. A member shall not hear an appeal in which that member has a personal, profes- sional or financial interest. 11] 2.4 Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all pro- ceedings in the office of the chief administrative officer. 111.2.5 Compensation of members. Compensation of members shall be determined by law. 111.3 Notice of meeting. The board shall meet upon notice from the chairman, within ten days of the filing of an appeal, or at stated periodic meetings. 111.4 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant's representative, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than two - thirds of the board membership. 111.4.1 Procedure. The board shall adopt and make avail- able to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. 111.5 Postponed hearing. 'When the full board is not present to hear an appeal, either the appellant or the appellant's repre- sentative shall have the right to request a postponement of the hearing. 111.6 Board decision. The board shall modify or reverse the decision of the code official only by a concurring vote of a majority of the total number of appointed board members. 111.6.1 Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official. 111.6.2 Administration. The code official shall take imme- diate action in accordance with the decision of the board. 111.7 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appro- priate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer. 111.8 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforce- ment of. the notice and order until the appeal is heard by the appeals board. 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE CHAPTER 2 SECTION 201 GENERAL DEFINITIONS 201.1 Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter. ` 301.2 Interchangeabilitv. Words stated in the present tense include the future; words stated in the masculine genderinclude the feminine and neuter; the singular number includes the plural and the plural the singular. 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the building, fire preven- tion, zoning, plumbing or mechanical codes, ASME A17.1 and NFPA 70. such terms shall have the meanings ascribed to them as in those codes. 201.4 Terms not defined. Where terms are not defined, through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. 201.5 Parts. Whenever the words "dwelling unit; "'dwelling," "premises." "building," "rooming house," "roomin unit" or "story' are stated in this code, they shall be construed as though thev were followed by the words "or any pan thereof. SECTION 202 GENERAL DEFINITIONS APPROVED. Approved by the code official. BASEMENT. That portion of a building which is partly or completely below grade. BATHROOM. A room containing plumbing fixtures including a bathtub or shower. BEDROOM. Any room or space used or intended to be used for sleeping purposes. CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative. CONDEMN. To adjudge unfit for occupancy. DWELLING UNIT. A single unit providing complete, inde- pendent living facilities for one or more persons, including Permanent provisions for living, sleeping. eating, cooking and sanitation. ` EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises. EXTERMINATION. The control and elimination of insects, rats or other pests by eliminating their harborage places: by removing or making inaccessible materials that serve as their fond: by poison spraying, fumigating, trapping or by any other approved pest elimination methods: - al or vegetable waste resu s��m ,tip han dlin p� HABITABLE SPACE. Space in a structure for living. sleep- ing, eating or cooking. Bathrooms, toilet rooms. closets. halls. storage or utility spaces, and similar areas are not considered habitable spaces. IMMINENT HAZARD. A condition which could cause seri- ous or life- threatening injury or death at any time. INFESTATION. The presence, within or contiguous to. a structure or premises of insects, rats, vermin or other pests. LABELED. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifving mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evalu- ation that maintains periodic inspection of the production of the above - labeled items and by whose label the manufacturer at- tests to compliance with applicable nationally recognized standards. LET FOR OCCUPANCY OR LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied. OCCUPANT. Any individual living or sleeping in a building; or having possession of a space within a building. OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person. and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PERSON. An individual, corporation, partnership or any other group acting as a unit. PREMISES. A lot, plot or parcel of land including any struc- tures thereon. ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two - family dwelling. 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE 202 ROOMING UNIT. Any room or group of rooms forming a J ingle habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. H. Combustible and noncombustible waste ma except gar a term shall include the a from the burning of wood, coa , 4= ombustible materials, a— Tr �s� paper, rags, cartons, bor od, r rubber, leather, tree Sec 30 – ; G< branches, mings, tin cans, meta s, al matter, o rockery and dust and other similar materials. "t.._ STRUCTURE. That which is built or constructed or a portion thereof. TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower. VENTILATION. The natural or mechanical process of sup- plying conditioned or unconditioned air to, or removing such air from, any space. WORKMANLIKE. Executed in a skilled manner; e.g., gen- erally plumb, level, square, in line, undamaged, and without marring adjacent work. YARD. An open space on the same lot with a structure 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE CHAPTER GENERAL REQUIREMENTS t �} 1 I 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? Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in Sections 305 and 306. A person shall not occupy as owner - occupant orpermit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the require- ments of this chapter. Occupants of a dwelling unit are respon- sible for keeping in a clean, sanitary and safe condition that part of the dwelling unit or premises which they occupy and control. 3013 Vacant structures and land. All 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. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. 302.2 Grading and drainage. All 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. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways. parking spaces and similar areas shall be kept in a proper state of repair. and maintained free from hazardous conditions. Stairs shall comply with the requirements of Sec- tions 303.10 and 702.9. �Sl?g eeds. All premises and exterior property shall be rained free eeds or plant growth in ex 0 inches 254 mm). ,4I1 noxioU. s sh o ibited. Weeds shall he defined as all Bras ua and vegetation, other than trees s provided: however, t shall not e cultivated flowers and gardens. 302.5 Rodent harborage. All structures and exterior property shall he kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, 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 upon abutting or adjacent public or private property or that of another tenant. 302.7 Accessory structures. All accessory structures, includ- ing detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.7.1 Gates which are required to be self - closing and self - latching in accordance with the building code shall be maintained such that the gate will positively close.and latch when released from a still position of 6 inches (152 mm) from the gatepost. 8 Motor vehicles. Except as provided for in other ree - tions, ore than one currently unregistered or u petted motor vehic 1 be parked, kept or stored ny premises. and no vehicle shal time be in a of major disassem- bly, disrepair, or in the pro ng stripped or dismantled. Exception: A vehi any typ ermined to um major overh , rncluding body work, ded that work ' rformed inside a structure or stmt nc designed and approved for such purposes. 302.9 Defacement of property. No person shall 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 EXTERIOR STRUCTURE 303.1 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. 303.2 Protective treatment. All exterior surfaces, including but not limited to, doors. door and window frames. cornices, porches and trim, shall be maintained in good condition. Exte- rior 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. All 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. 303.3 Street numbers. Each structure to which a street number has been assicned shall have such number displayed in a position easily observed and readable from the public way. All numbers shall be in Arabic numerals at least 3 inches (76 mm) high and '/,-inch (13 mm) stroke. 303.4 Structural members. All structural members shall he maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 1 d 4r 0 t, 7 v N 0 N J h 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE 30.2.5 - 304.7 303.5 Foundation walls. All foundation walls shall be main- . tained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents. 303.6 Exterior walls. All exterior walls shall be free from holes, breaks. loose or rotting materials: and maintained weath- erproof and properly surface coated where required to prevent deterioration. 303.7 Roofs and drainage. The roof and Flashing shall be sound. tight and not have defects that admit rain. Roof drainage 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. 303.8 Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 303.9 Overhang extensions. All canopies, marquees, signs, metal awnings, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When 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. 30310 Stair and walking surfaces. Every stair, ramp, balcony, porch, deck or other walking surface shall comply with the provisions of Section 702.9. 303.11 Stairways, decks, porches and balconies. Every exte- rior 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. 303.12 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. 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. 303.13 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. 303.14 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 303.14.1 Glazing. All glazing materials shall be maintained free from cracks and holes. 303.14.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 303.15 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, manu- 10 factured, packaged or stored. shall be supplied with approved tightly fining sc p;r reens of not less than 16 mesh per inch ( 16 16 mesh 25 mm) and every swinging door shall hate a .elf - closing device in good working condition. ` Exception: Screen doors shall not be required where other approved means. such as air curtains or insect repellent tan,. are employed. 303.16 Doors. All exterior doors, door assemblies and hard- ware shall be maintained in good condition. Locks at all en- trances to dwelling units, rooming units and guestrooms shall tightly secure the door. 303.17 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. 303.18 Guards for basement windows. Every basement win- dow that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. ` SECTION 304 INTERIOR STRUCTURE 304.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Every occupant shall keep that part of the structure which such occupant occupies or controls in a clean and sanitary condition. Every owner of a structure con- taining a rooming house, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. 304,2 Structural members. All suucturafinembers shall be maintained structurally sound, and be capable of supporting the imposed loads. 3043 Interior surfaces. All interior surfaces, including win- dows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected. 304.4 Stairs and railings. All interior stairs and railings shall be maintained in sound condition and good repair. 304.5 Stairs and walking surfaces. Every stair, ramp, balcony. porch, deck or other walking surface shall comply with the provisions of Section 702.9. 304.6 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. 304.7 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached tojambs, head- ers or tracks as intended by the manufacturer of the attachment hardware. 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE 305- 306.5 — � SECTION 305 RUBBISH AND GARBAGE \305.2D ulation of rubbish or garbage. All ex[eri premises, and the interior of every structure, all an}' accumulation of rubbish or garbage. al of rubbish. Every' occupant of a stry re shall rubbish in a clean and sanitary mann y placing approved containers. 305.2.1 Rub . h storage facilities. The wner of every occupied shallsuppl}'approve overedcontainers for rubbish, and owner of the pre ses shall be respon- siblefortheremova rubbish 305.3 Disposal of garbapant of a structure shall dispose of garbage in a cary manner by pacin such garbage in an apprsposal facility or a p - provedgarbage containe 305.3.1 Garbage faci ' res. The ner of every dwelling shall supply one of t following: an proved mechanical /unit ste grinder' each dwelling uni approved incin- nit in the ructure available to the cupants in each g unit ran approved leakproof, c eyed, outside co met. ntainers. The operator of every esta 'shment g garbage shall provide, and at all times cau to be approved leakproof container provided withc e- overs for the storage of such materials until remov premises for disposal. SECTION 306 EXTERMINATION 306.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects orrodents are found shall be promptly exterminated by approved proc- esses that will not be injurious to human health. After extermi- nation, proper precautions shall be taken to prevent reinfestation. 306.2 Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure. 306.3 Single occupant. The occupant of a one - family dwelling or of a single- tenant nonresidential structure shall be responsi- ble for extermination on the premises. 306.4 Multiple occupancy. The owner of a structure contain- ing two or more dwelling units, a multiple occupancy, a room- ing house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupants shall be responsible for extermination. 306.5 Occupant. The occupant of any structure shall be respon- sible for the continued rodent and pest -free condition of the structure. Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for extermina- tion. 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE tt CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS SECTION 401 GENERAL SECTION 403 VENTILATION 401.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. 401.2 Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compli- ance with these requirements. A person shall not occupy as owner - occupant, or permit another person to occupy. any prem- ises that do not comply with the requirements of this chapter. 401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the building code shall be permit- ted. SECTION 402 LIGHT 402.1 Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the out- doors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face 8 window of any room and such obstructions are located less than 3 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: Where natural li for rooms or spaces without exterior glazing areas is provided through an adjoining room. the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m=). The exterior glazing area shall be based on the total floor area being served. 402.2 Common halls and stairways. Every common hall and stairway. other than in one- and two - family dwellings, shall be lighted at all times with at least a 60 -watt standard incandescent light bulb or equivalent foreach 200 square feet (19 m=) of floor area, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). Every exterior means of egress stairway, other than in one- and two - family dwellings, shall be illuminated with a minimum of 1 footcandle (I I lux) at floors, landings and treads. 402.3 Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. 403.1 Habitable spaces. Every habitable space shall have at least one operable window. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in Section 402.1. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space. but not less than 25 square feet (2.33 m=). The ventilation openings to the outdoors shall be based on a total floor area being ventilated. 403.2 Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habit- able spaces as required by Section 403. 1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. 403.3 Cooking facilities. Unless approved through the certifi- cate of occupancy, cooling shall not be permitted in any room- ing unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in a rooming unit or dormitory unit. Exception: Where specifically approved in writing by the code official. 403.4 Process ventilation. Where injurious. toxic, irritating or noxious fumes. gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating amen[ at the source. Air shall be exhausted to the exterior and not be recirculated to any space. 403.5 Clothes dryer exhaust. Clothes dryer venting systems shall be independent of all other systems and shall be vented in accordance with the manufacturer's instructions. SECTION 404 OCCUPANCY LIMITATIONS 404,1 Privacy. Dwelling units, hotel 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 not be less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than 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 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE 11 404.4 — 404.7 _ basement areas shall have a clear ceiIin_ height of not less than 7 feet (2134 mm). Exceptions: 1. In one- and two - family dwellines. beams or girders spaced not less than 4 feet (1219 mm) on center and projecting not more than 6 inches (t.5'_ mm) below the required ceiling height. 2. Basement rooms in one- and two - fancily dwellines occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than 6 feet 8 inches (2033 mm) with not less than 6 feet 4 inches (1932 mm) of clear height under beams, girders, ducts and similar obstructions. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least 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 clear ceiling height of 5 feet (1524 mm) or more shall be included. 404.4 Bedroom requirements. Every bedroom shall comply with the requirements of Sections 404.4.1 through 404.4.5. 404.4.1 Area for sleeping purposes. Every bedroom occu. . pied by one person shall contain at least 70 square feet (6:5 . M) . of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet (4.6 m=) of floor area for each occupant thereof. 404.4 .2 Access from bedrooms. Bedrooms shall not consti- tute 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 at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least 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. 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 Chap- ter 5; the heating facilities and electrical receptacle require- ments 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 require- ments of Table 404.5. 14 TABLE 404.5 MINIMUM AREA REQUIREMENTS MINIMUM AREA IN .I . j 6or more SPACE 1.2 occupants ! 3 -5 occupants : occupants Living room'" No requirements 120 I Sn Dining room'" No requirements So 100 Kitchen" I 50 50 1 60 Bedrooms Shall compv with Section 40u.4 Forst: 1 square foot = 0.093 m - ' See Section 404.5.2 for combined living room/dinine room spaces. "See Section 404.5.1 for limitations on demrminine the nummum occupancy area for sleeping purposes. 4045.1 Sleeping area. The minimum occupancy area re- quired by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with Section 404.4. 404.5.2 Combined spaces. Combined living room and din- ing 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 two occupants shall have a clear floor area of not less than 220 square feet (20.4 m A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7 m=). These required areas shall be exclusive of the areas required by Items 2 and 3. 2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 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. All spaces to be occupied for food preparation purposes shall contain suitable space and equip- ment 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. 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS SECTION 501 GENERAL 501.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. 501.2 Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner- occupant or permit another person to occupy any structure or premises which does not comply with the require- ments of this chapter. area. The required toilet facilities shall be located not more than one story above or below the employees' regular working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or public customer facilities. Exception: Facilities that are required for emplovees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control. shall not exceed a travel distance of 500 feet (152 m) from the employees'regular working area to the facilities. SECTION 502 REQUIRED FACILITIES 502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. 502.2 Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. 502.3 Hotels. Where private water closets. lavatories, and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be pro- vided for each ten occupants. 502.4 Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to employees. 502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler, or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms. SECTION 503 TOILET ROOMS 503.1 Privacy. Toilet rooms and bathrooms shall provide pri- vacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locki n e device shall he provided forall common or shared bathrooms and toilet rooms in a multiple dwelling. 503.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway. 503.3 Location of employee toilet facilities. Toilet facilities shall have access from within the employees' regular working SECTION 504 PLUMBING SYSTEMS AND FIXTURES 504.1 General. All plumbing fixtures shall be properly in- stalled and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of perform- ing the function forwhich'such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. 504,2 Fixture clearances. Plumbing fixtures shall have ade- quate clearances for usage and cleaning. 504.3 Plumbing.system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, im- proper installation, deterioration or damage or for similar rea- sons, the code official shall require the defects to be corrected to eliminate the hazard. SECTION 505 WATER SYSTEM 505.1 General. Every sink, lavatory, bathtub or shower, drink- ing fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the plumbing code. 505.2 Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood -level rim of the fixture. Shampoo basin faucets. janitor sink faucets, and otherhose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric -type vacuum breaker or an approved permanently attached hose connection vacuum breaker. 1998. INTERNATIONAL PROPERTY MAINTENANCE CODE 505.3 — 507.1 5053 Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. 505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 120 °F. (49 °C.). A gas - burning waterheater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combus- tion air is provided. An approved combination temperature and pressure relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. SECTION 506 SANITARY DRAINAGE SYSTEM 506.1 General. All plumbing fixtures shall be properly con- nected to either a public sewer system or to an approved private sewage disposal system. 506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from ob- structions, leaks and defects. SECTION 507 STORM DRAINAGE 507.1 General. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. I 16 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION 601 GENERAL 601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided. 601.2 Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner- occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter. SECTION 602 HEATING FACILITIES 602.1 Facilities required. Heating facilities shall be provided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room tempera- ture of 65 °F. (18 0 C.) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design tempe ;ature for the locality indicated in Appendix D of the plumbing code. 6023 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from (DATE) to (DATE] to maintain a temperature of not less than 65 °F. (18 °C.)'in all habitable rooms, bathrooms, and toilet rooms. Exception: When the outdoor temperature is below the winter outdoor design temperature for the locality, mainte- nance of the minimum room temperature shall not be re- quired provided . that the heating system is operating at its full design capacity. The winter outdoordesign temperature for the locality shall be as indicated in Appendix D of the plumbing code. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from rD.4TE] to (DATE) to maintain a temperature of not less than 65'F. (I S during the period the spaces are occupied. Exceptions: 1. Processing, storage and operation areas that require cooling or special temperature conditions. '_. Areas in which persons are primarily engaged in vig- orous physical activities. 602.5 Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall. SECTION 603 MECHANICAL EQUIPMENT 603.1 Mechanical equipment. All mechanical equipment, fireplaces and solid fuel - buming appliances shall be properly installed and maintained in a safe working condition, and shall be cap able of performing the intended function. 603.2 Cooking and heating equipment. All cooking and heating equipment, components and accessories in every heat- ing, cooking and water - heating device shall be maintained free from leaks and obstructions. 603.2.1 Cooking equipment Cooking appliances shall not be used to provide space heating to meet the minimum requirements of Section 602.3. 6033 Removal of combustion products. All fuel - burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Fuel - burning equipment and appliances which are labeled for unvented operation. 603.4 Clearances. All required clearances to combustible ma- terials shall be maintained. 603.5 Safety controls. All safety controls for fuel - burning equipment shall be maintained in effective operation. 603.6 Combustion air. A supply of air for complete combus- tion of the fuel and for ventilation of the space containing the fuel - buming equipment shall be provided for the fuel - burning equipment. 603.7 Energy conservation devices. Devices intended to re- duce fuel consumption by attachment to a fuel- burning appli- ance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. SECTION 604 ELECTRICAL FACILITIES 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605. 604.2 Service. The size and usageof appliances and equipment shall serve as a basis for detero mng the need for additional facilities in accordance with NFPA 70. Every dwelling shall be served by a main service that is not less than 60 amperes, three wires. 604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service. improper fusing, insufficient outlets, improper wiring or instal- lation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE 17 605 -6Q7.1 SECTION 605 ^� ELECTRICAL EQUIPMENT 605.1 Installation. All electrical equipment, wiring and appli- ances shall be properly installed and maintained in a safe and approved manner. 605.2 Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded -type receptacle or a receptacle with aground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle oudet shall have ground fault circuit inter- rupter protection. 605.3 Lighting fixtures. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric lighting fixture. SECTION 606 ELEVATORS, ESCALATORS AND DUMBWAITERS 606.1 General. Elevators, dumbwaiters and escalators shall be maintained to sustain safely all imposed loads, to operate properly, and to be free from physical and fire hazards. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumb• waiter; or the certificate shall be available for public inspection in the office of the building operator. 606.2 Elevators. In buildings equipped with passenger eleva- M tors, at least one elevator shall be maintained in operation at all imes when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. SECTION 607 DUCT SYSTEMS 607.1 General. Duct systems shall be maintained free of all obstructions and shall be capable of providing the required function. 18 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE CHAPTER 7 FIRE SAFETY REQUIREMENTS SECTION 701 GENERAL 701.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided. 701.2 Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in com- pliance with these requirements. A person shall not occupy as owner- occupant or permit another person to occupy any prem- ises that do not comply with the requirements of this chapter. SECTION 702 MEANS OF EGRESS 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. 702.2 Exit capacity. The capacity of the exits serving a floor shall be sufficient for the occupant load thereof as determined by the building code. 702.3 Number of exits. In nonresidential buildings, every occupied story more than six stories above grade shall be provided with not less than two independent exits. In residential buildings, every story exceeding two stories above grade shall be provided with not less than two independent exits. In stories where more than one exit is required, all occupants shall have access to at least two exits. Every occupied story which is both totally below grade and greater than 2,000 square feet (186 m 2 ) shall be provided with not less than two independent exits. Exception: 'A single exit is acceptable under any one of the following conditions: I. Where the building is equipped throughout with an automatic sprinkler system and an automatic fire de- tection system with smoke detectors located in all corridors, lobbies and common areas. 2. Where the building is equipped throughout with an automatic fire detection system and the exit is an approved smokeproof enclosure or pressurized stair - way. 3. Where an existing fire escape conforming to the build- ing code is provided in addition to the single exit. 4. Where permitted by the building code. 702.4 Arrangement. Exits from dwelling units. rooming units, guestrooms and dormitory units shall not lead through other such units, or through toilet rooms or bathrooms. 702.5 Exit signs. All means of egress shall be indicated with approved "Exit" signs where required by the building code. All "Exit" signs shall be maintained visible and all illuminated "Exit" signs shall be illuminated at all times that the building is occupied. 702.6 Corridor enclosure. All corridors serving an occupant load greater than 30 and the openings therein shall provide an effective barrier to resist the movement of smoke. All transoms, louvers, doors and other openings shall be closed or shall be self - closing. Exceptions: I. Corridors in occupancies, other than hi -hazard oc- cupancies, which are equipped throughout with an automatic sprinkler system. 2. Patient room doors in corridors in health care occu- pancies where smoke barriers are provided in accord- ance with the fire prevention code, are not required to be self - closing. 3. Corridors in educational occupancies where each room that is occupied for instruction or assembly purposes has at least one -half of the required means of egress doors opening directly to the exterior of the building at ground level. 4. Corridors that are in compliance with the building code. 702.7 Dead -end travel distance. All corridors that serve more than one exit shall provide direct connection to such exits. The length of a dead -end corridor shall not exceed 35 feet (10668 mm) where the building is not equipped throughout with an automatic sprinkler system. The dead -end travel distance limi- tation shall be increased to 70 feet (21336 mm) where the building is equipped throughout with an automatic sprinkler system. Exception: Dead ends that are in compliance with the building code. 702.8 Aisles. Arrangements of chairs or tables and chairs shall provide for ready access by aisle accessways and aisles to each egress door. The minimum clear width of each aisle in assem- bly, educational and health care occupancies shall be main- tained in accordance with the requirements of the building code In all other occupancies, aisles shall have a minimum required clear width of 44 inches (1118 mm) where serving an occupant load greater than 50, and 36 inches (914 mm) where serving an occupant load of 50 or less. The clear width of aisles shall not be obstructed by chairs, tables or ocher objects. 702.9 Stairlvays, handrails and guards. Every exterior and interior flight of means of egress stairs serving any building or portion thereof and having more than four risers shall have a handrail on at least one side of the stair. Every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) nor more than 42 inches (1067 mm) high, measured vertically above the nosing of the tread or above the finished floor of the landing or walking surface. Guards shall not be less than 30 inches (762 mm) high above the floor 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE 19 702:10 7 705.6 of the landing. balcony, porch. deck, ramp or other walkinL surface. Exception: Guards are not required at any location where guards are exempted by the building code. 702.10 Stairway identification. A sign shall be provided at each - floor landing in all interior stairways more than three stories above grade, designating the floor level above the Floor of exit discharge. All elevator lobby call stations on all floor levels shall be identified by approved signs in accordance with the requirements for new buildings in the building code. Exception: The emergencv sign shall not be required for elevators that are part of an accessible means of egress complying with the building code. 702.11 Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledee or effort, except as provided for in Section 702.11.1. 702.11.1 Locks permitted. Locks or fasteners shall not be installed on egress doors except in accordance with the following conditions: 1. In mental, penal or other institutions where the secu- rity of inmates is necessary, in which case properly trained supervisory personnel shall be continuously on duty and approved provisions are made to remove occupants safely in case of fire or other emergency. 2. In problem security areas, special - purpose door alarms or locking devices shall be approved prior to installation. Manually operated edge or surface - molded flush bolts are prohibited. 3. Where the door hardware conforms to that permitted by the building code. 702.12 Emergency escape. Every sleeping room located be- low the third story in residential and group home occupancies shall have at least one openable window or exterior door approved for emergency egress or rescue: or shall have access to not less than two approved independent exits. Exception: Buildings equipped throughout with an auto- matic fire suppression system. 702.12.1 Security. Bars, grilles or screens placed over emer- gency escape windows shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the window. SECTION 703 ACCUMULATIONS AND STORAGE 703.1 Accumulations. Rubbish, garbage or other materials shall not be stored or allowed to accumulate in stairways, passageways, doors, windows, fire escapes or other means of egress. 703.2 Hazardous material. Combustible, flammable, explo- sive or other hazardous materials, such as paints, volatile oils and cleaning fluids, or combustible rubbish, such as wastepa- per, boxes and rags, shall not be accumulated or stored unless 20 such storage complies with the applicable requirement, or the buildin_ code and the fire prevention code. SECTION 704 FIRERESISTANCE RATINGS 704.1 General. The fireresistance rating of floors. w % ilk. ceil- ings, and other elements and components required bN the building code shall be maintained. 704.2 Maintenance. All required fire doors and smoke barriers shall be maintained in good working order, including all hard- ware necessary for the proper operation thereof. Fire doors shall not be held open by door stops, wedges and other unapproved hold -open devices. SECTION 705 FIRE PROTECTION SYSTEMS 705.1 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 condi- tion at all times in accordance with the fire prevention code. 705.2 Firesuppression system. Fire suppression systems shall be maintained in proper operating condition at all times. 705.3 Standpipe systems. Standpipe systems shall be main- tained in proper operating condition at all times. Hose connec- tions shall be unobstructed. 705.4 Fire extinguishers. All portable fire extinguishers shall be visible, provided with ready access thereto, and maintained in an efficient and safe operating condition. Extinguishers shall be of an approved type. 705.5 Smoke detectors. A minimum of one approved single - station or multiple- station smoke detector shall be installed in each guestroom, suite or sleeping area in residential and group home occupancies, and in dwelling units in the immediate vicinity of the bedrooms in occupancies in one- and two - family dwellings and multifamily dwellings. In all residential occu- pancies, smoke detectors shall be required on every story of the dwelling unit, including basements. In dwelling units with split levels and without an intervening door between the adjacent levels, a smoke detector 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. 705.5.1 Installation. All detectors shall be installed in ac- cordance with the building code and the manufacturer's instructions. When actuated, the smoke detectors shall pro- vide an alarm suitable to warn the occupants within the individual room or dwelling unit. 705.5.2 Power source. The power source for smoke detec- tors shall be either an AC primary power source or a moni- tored battery primary power source. 705.53 Tampering. Anyone tampering or interfering with the effectiveness of a smoke detector shall be in violation of this code. 705.6 Fire alarm systems. Fire alarm systems shall be in proper operating condition at all times. 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE Case No.: App: Last Name: App: First Name: Owner: Last Name: Owner: First Name: App Address: City, State Zip: App:Phone: Owner Address: City/State/Zip: Owner Phone: Project Address: Street Name: City/State, Zip: Case Disposition: Project Planner: File Location: Notes: Follow-Up: I �CAOqpi ...... ___7 Quarter Section Map No.: ity of wheat Ridge Related cases: Case History: [Hotel/Motel ordinances Jamending Section 5 I(Buildings) & Chapter 15 1 Review Body: CC APN: --- — - -------- — ------ -- J 2nd Review Body: .. . . . .......... — 7 2nd Review Date: Decision-making Body: 19 _' Approval/Denial Date: 1 -- -Imr 1. . � Reso/Ordinance No.: i �Vhlte Kct7 Conditions of Approval: District: Date Received: 1712012000 Pre-App Date: