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HomeMy WebLinkAboutPO 6717: AMENDING CHAPTER 18, ARTICLE VIII - HOUSING CODE City of ._ rC 1-0 ..rr rthur Texas INTEROFFICE MEMORANDUM Department of Development Services Department of Inspections & Code Compliance Building Inspections Division Date: September 19, 2018 To: Harvey L. Robinson, Interim City Manager Mayor and City Council From: Darlene Thomas-Pierre, Director of Inspections &Code Compliance Philip Vilardi, Building Official Re: P. O. NO. 6717 — AN ORDINANCE AMENDNG CHAPTER 18, ARTICLE VIII — HOUSING CODE, OF THE CODE OF ORDINANCES,THEREBY ADOPTING THE 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE (IPMC) AND RELATED REFERENCES, AND LIFE SAFETY CODES; PROVIDING CERTAIN AMENDMENTS THERETO; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING A PENALTY FOR VIOLATION BY FINE NOT EXCEEDING TWO THOUSAND DOLLARS ($2,000), AS PROVIDED IN SECTION 18-43 OF THE CODE OR AS OTHERWISE IMPOSED BY STATE LAW; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE IMMEDIATELY AFTER PUBLICATION COMMENT Nature of the Request: Staff recommends that the City Council adopt P. O. No. 6717, amending Chapter 18, Article VIII— Housing Code, of the Code of Ordinances thereby adopting the 2015 International Property Maintenance Code (IPMC) to coincide with codes adopted by the State of Texas; and providing for a penalty, for publication and for an effective date. This will ensure safer construction standards for the City of Port Arthur. Staff Analysis/Considerations: The City is currently operating under the 2006 International Property Maintenance Code, 2006 Edition. Recommendation: Staff recommends that the City Council adopt P. O. No. 6717, thereby updating to the 2015 International Property Maintenance Code. Budget Consideration: Not Applicable. DTP cc: Ron Burton, Assistant City Manager "Remember we are here to serve the Citizens of Port Arthur" P.O.BOX 1089 •PORT ARTHUR,TEXAS 77641-1089.409/983-8209•FAX 409/983-8130 P. O. NO. 6717 08/19/18 PAV ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18,ARTICLE VIII — HOUSING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR,THEREBY ADOPTING THE 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE (IPMC)AND RELATED REFERENCES,AND LIFE SAFETY CODES; PROVIDING CERTAIN AMENDMENTS THERETO; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH;PROVIDING A PENALTY FOR VIOLATION BY FINE NOT EXCEEDING TWO THOUSAND DOLLARS ($2,000), AS PROVIDED IN SECTION 18-43 OF THE CODE OR AS OTHERWISE IMPOSED BY STATE LAW; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE IMMEDIATELY AFTER PUBLICATION WHEREAS,Chapter 18,Article VIII—Housing Code,of the City of Port Arthur's Code of Ordinances sets forth requirements for construction; and WHEREAS,Article VIII contains each of the specific codes and ordinances that make up the Housing code;and WHEREAS, The State of Texas has adopted the 2015 International Property Maintenance Code(IPMC) and related references, and life safety codes; and WHEREAS,the City Council deems it in the best interest of the citizens of the City of Port Arthur to adopt the 2015 International Property Maintenance Code (IPMC), with the exceptions thereto; and may make variations thereof that do not substantially vary from the rules or laws of this State; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. THAT the facts and opinions in the preamble are true and correct. Section 2.THAT the City of Port Arthur hereby amends the existing Article VIII—Housing Code of Chapter 18— Buildings,thereby adopting the 2015 International Property Maintenance Code, as delineated in Exhibit A,and the red-lined version shows the amendments in Exhibit B. 1 P. O. NO. 6717 08/19/18 PAN' Section 3.THAT all ordinances or parts of ordinances in conflict herewith are herein repealed,but only to the extent of said conflict. Section 4.That any person who violates any provisions of this Ordinance or who shall neglect to comply with the terms hereof shall be guilty of a misdemeanor and shall on conviction thereof be fined in any sum not less than one dollar($1.00) nor more than two thousand dollars ($2,000.00) as provided in the Code of Ordinances, and each violation shall constitute a separate offense. Section 5. That this Ordinance or its caption and penalty shall be published one(1)time within ten(10)days after final passage hereof in the official newspaper of the City of Port Arthur. This Ordinance shall take effect immediately after date of publication. Section 6.THAT a copy of the caption of this resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this the_day of , A.D., 2018, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: _ _ Councilmembers: NOES: MAYOR ATTEST: APPROVED AS TO FORM: USP yz � g SHERRI BELLARD VAL T ENO CITY SECRETARY CITY ATTORNEY 2 P. O. NO. 6717 09/19/18 PAV APPROVED FOR ADMINISTRATION: /4/ ild . A HARVEY L. ROBINSON I ' 'LENE T "co • S- ERRE INTERIM CITY MANAGER r-IRECTOR OF INSPECTIONS/ ODE COMPLIANCE 3 EXHIBIT "A" • ARTICLE VIII.- HOUSING CODE • Sec. 18-381. -Adopted. The 2015 International Property Maintenance Code, 2015 Edition, hereinafter referred to as the "housing code" as published by the International Code Council Inc., is herein adopted as the Housing Code of the City of Port Arthur, save and except such portions as are hereinafter deleted, modified, or amended,of which code not less than one copy has been and now is filed in the Office of the City Secretary of the City of Port Arthur and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this section shall take effect, provisions thereof shall be controlling within the limits of the City of Port Arthur. • Sec. 18-382. -Amendments to code. The 2015 International Property Maintenance Code, 2015 Edition, amendments and exceptions adopted by this article, are hereby amended, altered and changed in the following respects: Section 102.3. Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Residential Code, International Fuel Gas Code, International Mechanical Code, and the National Electric Code. Nothing in this code shall be construed to cancel, modify or set aside any provisions of the City of Port Arthur's Zoning Ordinance. Section 103 Department of property maintenance inspections. 103.1 General. The department of property maintenance shall be the Code Compliance Department and the official in charge shall be known as the Director of Code Compliance. 103.2 Appointment. Shall be deleted. Section 107 Notice and orders. 107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with all of the following: 1. Be in writing. 2. Include a legal and physical 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 minimum of 30 days to correct the violation or violations and bring the structure into compliance with the provisions of the code. 5. Inform the property owner of the right to appeal. 6. Include a statement of the right to file a lien in accordance with Section 106.3 of the Property Maintenance Code. Said lien will be filed by the city attorney. 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 judgement is so old, dilapidated or has become so out of repair as to be dangerous and poses a health and safety hazard and is unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair and the repairs will exceed over 50% of its appraised value; to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe, habitable and sanitary or to demolish and remove at owners option; or where there has been a cessation of normal construction of any structure for period of one year,to demolish and remove such structure. 110.2 Notices and orders. All notices and orders shall comply with Section 107, of the International Property Maintenance Code. 110.3 Failure to comply. If the owner(s) of a premise(s)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 by 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. Consequently, the code official shall provide notice to the city attorney in order to file a lien upon such real estate. 110.4 Salvage materials. When any structure has been ordered demolished and removed,the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. Section 111 Means of appeals is hereby deleted. Chapter 3 General Requirements. 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 12" inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of notice of violation,they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the cost of such removal shall be paid by the owner or agent responsible for the property or a lien will assessed for the cost of the work. Chapter 4 Light, Ventilation And Occupancy Limitations. Section 404 Occupancy limitations. 404.1 Privacy. Dwelling units, hotels units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. 404.2 Minimum room widths. A habitable room,other than a kitchen, shall not be less than seven feet (2,134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than three feet (914 mm) between counter fronts and appliances or counter fronts and walls. 404.3 Minimum ceilings heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms,toilets rooms, and habitable basements areas shall have a clear ceiling height of not less than seven feet(2,134 mm). Exceptions: 1. In one- and two-family dwellings, beams or girders spaced not less than four feet (1,219 mm) on center and projecting not more than six 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 six feet, four inches (1,932) 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 seven feet (2,134 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 ceiling height of five feet (1524 mm) or more shall be included. 404.3.1 Required space in dwelling unit. Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor area per additional occupant, provided that a dwelling unit on Pleasure Island shall have a minimum of 560 square feet of floor area.The floor area shall be calculated on the basis of the total area of habitable living space. 404.3.2. Required space in dwelling. There shall be a minimum of 600 square feet of floor area in any dwelling. (Code 1961, § 12-2; Ord. No. 00-60, § 2, 10-3-2000; Ord. No. 06-41, § 2, 6-20-2006; Ord. No. 08-27, exh. A, 3-25-2008; Ord. No. 11-57, § 3, 10-18-2011) • Sec. 18-383. - Issuance of warrants to demolish properties. The municipal court judge who is magistrate under Vernon's Ann. C.C.P. art. 2.09 is authorized in this section under Vernon's Ann. C.C.P. art. 18.01 and Vernon's Ann. C.C.P. art. 18.02(8)to issue a warrant to demolish properties based on a probable cause affidavit filed by the director of Code Compliance or his designee.The probable cause affidavit shall state the following: (1) Description of the property to be demolished. (2) Name of the owners. (3) Condition of the property, which indicates that the property is: a. Dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare; b. Regardless of its structural condition, unoccupied by its owners, lessees, or other invitees and is unsecured from unauthorized entry to the extent that it would be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children; or c. Boarded up,fenced, or otherwise secured in any manner if: 1.The building constitutes a danger to the public even though secured from entry; or 2.The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by an ordinance. (4) Notices to owners that have been issued. (5) Orders of construction board of adjustment and appeals that indicates that the property needs to be demolished as required by V.T.C.A., Local Government Code ch. 214 andchapter 18 of the Code of Ordinances. (6) Code violations of the structures. The affidavit shall also be accompanied by: (1) Documents indicating how the ownership of the property was determined; (2) Inspection reports; (3) Notices to owners; and (4) Orders of the construction board of adjustment and appeals, or by such other documents as requested by the municipal court judge. (Ord. No. 00-2, § 2, 1-25-2000) • Sec. 18-384. -Work plan for repair or demolition of condemned properties. (a) Owners of condemned properties that are tagged who want to repair these structures, will have to enroll in a work repair program or demolish their buildings as ordered by the construction board of adjustments and appeals. If the property changes ownership,the new owners will have to enroll in a repair program or demolish the buildings in the same time frame as ordered for the previous owner by the construction board of adjustments and appeals, unless said board grants an extension.This program allows the owner to address the code violations in the structure. All code violations must be corrected before any utilities can be restored in the structure. The following must be met before the owner will be allowed to work on the structure: (1)The demolition inspector, who will prepare a list of violations and corrective actions for the owner to sign, must perform a walk-through inspection. (2)The owner must sign the work agreement stating they will comply with all code requirements. (3) Licensed, bonded contractors must perform all plumbing and electrical work. (4) Work will be completed or the building must be demolished as ordered by the construction board of adjustments and appeals. (5) Extensions will be granted based on work performance, at the discretion of the construction board of adjustments and appeals or their designee. (6) All work must pass inspection by the building inspections division. (7) Utilities will not be reconnected until all work is completed. (b) Structures with over 50 percent damage or deterioration to the main structural components will have to submit a detailed plan for renovations, as follows: (1)Two sets of plans will be needed for review. (2)Details for electrical/wiring wiring will be required. (3)Details for plumbing will be required. (4)Foundation repair plans must also be submitted. (5)Licensed, bonded contractor must perform all work on the structure. (Ord. No. 05-62, § 1, 9-13-2005) Secs. 18-385-18-410. -Reserved. Secs. 18-355-18-380. - Reserved. EXHIBIT "B" • ARTICLE VIII. - HOUSING CODE • Sec. 18-381. -Adopted. I The 20062015 International Property maintenance Code,20062015 Edition, hereinafter referred to as the"housing code"as published by the International Code Council Inc., is herein adopted as the Housing Code of the City of Port Arthur,save and except such portions as are hereinafter deleted, modified,or amended,of which code not less than one copy has been and now is filed in the Office of the City Secretary of the City of Port Arthur and the same is hereby adopted and incorporated as fully as if set out at length herein,and from the date on which this section shall take effect, provisions thereof shall be controlling within the limits of the City of Port Arthur. (Code 1961,§12-1;Ord. No.08-27, exh.A, 3-25-2008) • Sec. 18-382. -Amendments to code. --•- -- • -- - - - ospccts: -__ . __• _ _ _ -_ _ provisions of the City of Port Arthur's Zo nce inspections. • Section 107 Notice and orders. 4. 5, The 2015 International Property Maintenance Code,2015 Edition,amendments and exceptions adopted by this article,are hereby amended,altered and changed in the following respects: Section 102.3.Application of other codes.Repairs,additions or alterations to a structure,or changes of occupancy,shall be done in accordance with the procedures and provisions of the International Building Code,International Residential Code,International Fuel Gas Code,International Mechanical Code,and the National Electric Code.Nothing in this code shall be construed to cancel,modify or set aside any provisions of the City of Port Arthur's Zoning Ordinance. Section 103 Deportment of property maintenance inspections. 103.1 General.The department of property maintenance shall be the Code Compliance Department and the official in charge shall be known as the Director of Code Compliance. 103.2 Appointment.Shall be deleted. Section 107 Notice and orders. 107.2 Form.Such notice prescribed in Section 107.1 shall be in accordance with all of the following: 1.Be in writing. 2.Include a legal and physical 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 minimum of 30 days to correct the violation or violations and bring the structure into compliance with the provisions of the code. 5.Inform the property owner of the right to appeal. 6.Include a statement of the right to file a lien in accordance with Section 106.3 of the Property Maintenance Code.Said lien will be filed by the city attorney. Section 110 Demolition. •-- -{Formatted:Indent:Left: 0",First line: 0" 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 judgement is so old, dilapidated or has become so out of repair as to be dangerous and poses a health and safety hazard and is unsanitary or otherwise unfit for human habitation or occupancy,and such that it is unreasonable to repair and the repairs will exceed over 50%of its appraised value;to demolish and remove such structure;or if such structure is capable of being made safe by repairs,to repair and make safe, habitable and sanitary or to demolish and remove at owners option;or where there has been a cessation of normal construction of any structure for period of one year,to demolish and remove such structure. 110.2 Notices and orders. All notices and orders shall comply with Section 107, of the International Property Maintenance Code. 110.3 Failure to comply. If the owner(s)of a premise(s)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 by 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. Consequently, the code official shall provide notice to the city attorney in order to file a lien upon such real estate. 110.4 Salvage materials.When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. Section 111 Means of appeals is hereby deleted. Chapter 3 General Requirements. 302.4 Weeds.All premises and exterior property shall be maintained free from weeds or plant growth in excess of 12"inches.All noxious weeds shall be prohibited.Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of notice of violation,they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation,any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the cost of such removal shall be paid by the owner or agent responsible for the property or a lien will assessed for the cost of the work. Chapter 4 Light, Ventilation And Occupancy Limitations. Section 404 Occupancy limitations. 404.1 Privacy. Dwelling units, hotels units, housekeeping units,rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. 404.2 Minimum room widths.A habitable room,other than a kitchen, shall not be less than seven feet(2,134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than three feet (914 mm)between counter fronts and appliances or counter fronts and walls. 404.3 Minimum ceilings heights. Habitable spaces, hallways,corridors, laundry areas, bathrooms,toilets rooms,and habitable basements areas shall have a clear ceiling height of not less than seven feet (2,134 mm). Exceptions: 1. In one-and two-family dwellings, beams or girders spaced not less than four feet(1,219 mm)on center and projecting not more than six 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 six feet,four inches(1,932)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 seven feet(2,134 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 ceiling height of five feet(1524 mm)or more shall be included. 404.3.1 Required space in dwelling unit. Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor area per additional occupant, provided that a dwelling unit on Pleasure Island shall have a minimum of 560 square feet of floor area.The floor area shall be calculated on the basis of the total area of habitable living space. 404.3.2. Required space in dwelling. There shall be a minimum of 600 square feet of floor area in any dwelling. (Code 1961,§ 12-2;Ord. No.00-60, §2, 10-3-2000; Ord. No.06-41, §2,6-20-2006;Ord. No.08-27, exh.A,3-25-2008;Ord. No. 11-57,§3, 10-18-2011) • Sec. 18-383. - Issuance of warrants to demolish properties. The municipal court judge who is magistrate under Vernon's Ann. C.C.P.art. 2.09 is authorized in this section under Vernon's Ann. C.C.P. art. 18.01 and Vernon's Ann. C.C.P. art. 18.02(8)to issue a warrant to demolish properties based on a probable cause affidavit filed by the director of Code Compliance or his designee.The probable cause affidavit shall state the following: (1) Description of the property to be demolished. (2) Name of the owners. (3) Condition of the property,which indicates that the property is: a. Dilapidated,substandard,or unfit for human habitation and a hazard to the public health,safety, and welfare; b. Regardless of its structural condition, unoccupied by its owners, lessees,or other invitees and is unsecured from unauthorized entry to the extent that it would be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children; or c. Boarded up,fenced,or otherwise secured in any manner if: 1. The building constitutes a danger to the public even though secured from entry;or 2. The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by an ordinance. (4) Notices to owners that have been issued. (5) Orders of construction board of adjustment and appeals that indicates that the property needs to be demolished as required by V.T.C.A., Local Government Code ch.214 and chapter 18 of the Code of Ordinances. (6) Code violations of the structures. The affidavit shall also be accompanied by: (1) Documents indicating how the ownership of the property was determined; (2) Inspection reports; (3) Notices to owners;and (4) Orders of the construction board of adjustment and appeals, or by such other documents as requested by the municipal court judge. (Ord. No.00-2,§2, 1-25-2000) • Sec. 18-384. -Work plan for repair or demolition of condemned properties. (a) Owners of condemned properties that are tagged who want to repair these structures,will have to enroll in a work repair program or demolish their buildings as ordered by the construction board of adjustments and appeals. If the property changes ownership,the new owners will have to enroll in a repair program or demolish the buildings in the same time frame as ordered for the previous owner by the construction board of adjustments and appeals, unless said board grants an extension. This program allows the owner to address the code violations in the structure. All code violations must be corrected before any utilities can be restored in the structure.The following must be met before the owner will be allowed to work on the structure: (1) The demolition inspector,who will prepare a list of violations and corrective actions for the owner to sign, must perform a walk-through inspection. (2) The owner must sign the work agreement stating they will comply with all code requirements. (3) Licensed, bonded contractors must perform all plumbing and electrical work. (4) Work will be completed or the building must be demolished as ordered by the construction board of adjustments and appeals. (5) Extensions will be granted based on work performance, at the discretion of the construction board of adjustments and appeals or their designee. (6) All work must pass inspection by the building inspections division. (7) Utilities will not be reconnected until all work is completed. (b) Structures with over 50 percent damage or deterioration to the main structural components will have to submit a detailed plan for renovations, as follows: (1) Two acts of plans will be needed for review. (2) Details for electrical/wiring wiring will be required. (3) Details for plumbing will be required. (4) Foundation repair plans must also be submitted. (5) Licensed, bonded contractor must perform all work on the structure. (Ord. No.05-62, § 1, 9-13-2005)