HomeMy WebLinkAboutPO 5858: ADOPT 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE
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To: Steve Fitzgibbons, City Manager
Fran: Lawrence Baker, Director of Ca~eminity Services ~~~
Date: March 19, 2008
Re: P.O. 5858 Adopting the 2006 International Property
Maintenance Code
RECCiv8+7ENDATION: Staff is recommending we adopt the 2006
International Property Maintenance Code. We are
currently using the 1991. version of the Minimum. Housing
Code of Southern Building Code Congress. This code has
become obsolete and is being upgraded to meet to new
International standards being used throughout the
country. Adoption of this code will bring us on par with
other municipalities throughout the United States.
BACFCGROUND: Adoption of the 2006 International .Property
Maintenance Code will .bring about uniformity in the
utilization of code interpretation and requirements for
substandard structures and homes that need to meet the
minimum housing codes in our community.
BUDGET AND REVENUE IMPACT: Adoption of this ordinance
will have no impact on current funds.
STAFF LEVEL IMPACT• None.
P.0.5858
0&108
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ORDINANCE N®.
AN ORDINANCE AMENDING CHAPTER 18 (BUILDINGS) ARTICLE VIII HOUSING
CODES SECTION 1&381 AND SECTION 18-382 OF THE CODE OF ORDINANCES
OF THE CITY OF PORT ARTHUR, AS TO ADOPT THE 2008 INTERNATIONAL
PROPERTY MAINTENANCE CODE PUBLISHED BY THE INTERNATIONAL CODE
COUNCIL INC.; 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, AS PROVIDED IN SECTION 18-43 OF THE. CODE OR AS
OTHERWISE IMPOSED BY STATE LAW; AND PROVIDING FOR PUBLICATION
AND AN EFFEC'PIVE DATE IMMEDIATELYAFTER PUBLICATION.
WHEREAS, the City Coomcil deems it in the best Interest of floe eittzens of the. City of
Port Arthur to adopt the 2006 Irkernatlonal Property Malr:tenanee Code, as pubilsl:ed
by the International Code Council Inc. and may make variations thereof that do not
sutostao:tia0y vary from ffie rules or laws of tMs Stater and
WHEREAS, the City Coundl of Port Arthur deems R in the best.ir:ta-est of tl:e dtlzens
of tha City to adopt the 2006 b:terr:atlonal Property fdlai::tenanee Code wIffi the
exceptions thereto
NOW THEREFORE BE IT ORDAINED BY THE-CITY COUNCIL AF THE CITY OF
PORT ARTHUR TEXAS:
Seo:tion i. The facts and oplnloros in the preamble are true and correct.
Section 2. That Seotlon 18381 and Seeflon 16-362 of the Building Code of Ordinances
are amended to read as set forth In Exhlbk °A".
Section 3. That ali ordinances Ot parts oT ordinances. In t.ordllet herewltlo are herein
repeated, but only to the extent of said cordllct.
Section 4. That any person who violates ~ provisions o9 4hls Ordinance or who shall
neglect to comply with the t~:ns Aareof shalt be guilty of a misdemeanor and shall oa
conviction thereof be flnad in arty sum not lass tloan Oeoe (51.00) Dollar nor more-than
(52,000) Dollars as provided in the Code of Ordinances, and each violation shall
eonstltolte a separate offense.
Seetloa S That thhc Ordinance or its caption alM penalty shall' be published one (1)
time within ten (10) days after final passage hereof In tl1e offidai newspaper of the
City of Port Arthur. Thts Ordinance shad take effect immediately aRer data of
publication.
Section 6. That a copy of the caption of ffiis Ordinance toe spread upon 4he Minutes of
the City Council.
_ ... _ _ _
READ, adopted and approved on Mis day of March A..D., 20Q8, at a Ragular
Meeting of the City Council of Port Arthuy Texas, by the following vale
AYES: Mayor
Couneti Members:
ATTEST:
ACTING CITY SECRETARY
APPROVED TD FORM•
CITY ATTORNEY OI p~gL.F OF)
APPROVED FOR ADMINISTRATION:
CITY MANAGER
/.~w~,-~~ ~~
D~IR~CTOR OF COMMURIITY SERVICES
MAYOR
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ARTICLE Vlll HOUSING CODE
SECTION 18-381. ADOPT®
The 2006 hrternatlonal Property Code, 2006 Edition, hereinafter referred to as the
°housing code° as published by the International Code Coueeeil Inc., is herein adopted
as the Noosing Code of the City of Port Arthur, save awd except sucle portions as are
hersinaffer deleted, modified, or amended, of while code rrot less than one (1) copy
has beeo 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 K 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.
SECTION 18.382
The 2006 international Property Maintenance Coda 2006 Edition, Amendments and
Exospffons adopted by this Article, are hereby amended, altered and e:hanged In tl+e
followleeg respects:
Section - 102.3 Applieaflon of ether codes. Repairs, addltlons or alterations to a
structure, or changes of occupancy, shall. be done In accordance with the proexdures
and provielons of .the Mternationat Building Code, International Fuel Gas Code,
International Medeanleal Code, aeul the National ElaeNle Code. Nothing In this code
shall be construes to eaeeeel, modify or set aside any ptovislons of the City of Port
Arthen's Zoning Ordinance.
SECTION 108 DEPARTMENT OF PImPERTY MAINTENANCE INSPECTIONS
103.1 General The department of property maintenance shall be ffie Community
Servh:es Departmetet and the offlclal in dearge shali_ be known as the Community
services Olractor. .
103.2 Appofeetteeeret. shall be deleted.
SECTION 107 NOTICE AND ORDERS
107.2 Form. Such notice prescMbed in Seetlon 107.1 shad be In accordance with all of
the follorring:
1. Be In writing.
2. Include a legal and physical desexiptlon of the real Mate sufflcieeet for
identification.
3, Include s statemerrt of the vlolaHon or violations and why the notice Is
being Issued:
4. Include a correction order allowing a minhnum of 30 days to corre~ flee
vlolatlon or vlolathms and bring the structure leeto cempganee witle the
provlslons of the code.
5. irdorm the property owner of the right to appeal
4 - .._. _ ._ _ _ .
6. Include a statement. of the right to file a Ilan in accwdance with
Section106.3, of the Property MalMenanee Code.
SECTION 110
DEMOLITION,
110.1 General. The code offidal shall order the owner of arty premises upon which Is
located aryl structene, which In the code offielaPs judgement Is so old, dllapldatad or
has become so out of repair as to be dangerous and poses a health and safety hazard
and is unsardtaty or otherwise unfit for human habitatbn a oxupanry, and suds that
N is unreasonable to repair aced the repairs will exceed over 50% of its appraised value;.
to demolish and remove suds structure; or tf sude structure Is capable of being made
safe by repairs, to repair and make safe, habitable and sanitary ar to demolish and
remove at owners option; or where there has been a cessation of normal construction
of any structure for period of one. yeas, to demoWsh and remove such structure. .
710.2 Notices and orders. AO notices and orders shall comply with Saetlon -107, of the
IMernatlonal Property Malntenanea Code.
110.3 Failure to comply E the owner(s) of a premises falls 4o comply wltlr a demolition
order within the lima prescribed, the- code official shall cause the structure to be
demolished and removed, either through an available public ageeny or by contract or
arrangement with private persons, and. the cost of such demolition seal removal shall
be charged against the real estate upon which the stricture Is located and shall be a
Ilan upon such r~l estate. '
710.4 Salvage materials When any stnreture has been ordered demolished. and
removed, the governhrg body or other designated officer ueMer §ald contract or
arrangement aforesaid shall have the right 4o sell the salvage and valuable materials at
the highest price obtainable.
SECTION 111' MEANS OF APPEALS IS FfEREBY DELETED
CHAPTER 3
GENERAL REQUBREMENTS
3024 Weeds All premises and exterior property shall be maleetained free from
weeds or plant growth In excess oT 72" Inches All noxious weeds shall be
prohibited. Weeds shall be defined as all grasses, annnat plants and vegetation,
other than trees ~ shrubs pravlded; howevey this term shall not include
cultivated flowers acrd gardens.
Upon failure of the owner or agent having charge of a property to cut and
destroy weeds after service of notice of vlolaNorr, they shall be subJact to
prosecution in accordance with Section-106.3 and as prescribed by the
authori~r having Jurisdiction. Upon (allure to comply with the neti~ of violatlon,
arty dily autlforized employee of the jurisdiction or contractor hired by the
jurisdiction shall 6e authorized to eater upon the proper!!/ In violation and cut
and destroy the weeds growing thereon, and the cost of such removal shall be
paid by the owner or agen4 responsible far the property or a Tien will assessed
for the cost of the work. .
CHAPTER 4
LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS
SECTION 404
OCCUPANCY LIMITATION8
404.1 PrivacK Dwelling units, hotels uee9ts, housekeeplreg units, rooming units
and dormkory sinks shall be arranged to provide privacy and be separate from
other adjoining spaces.
404.2 Minimum room widths. A habitatable room, other than a kitdeen, shall not
be less than 7 feat (2134 mm) in any plan dimension. Kitchens shall have a clear
passageway of not less tfean 3 feet (914 mm) between counter froeets and
appliances or counter fronts and walls.
404.3 Minimemt cegings heights. Habitable spaces, hallways, corridors, laurulry
areas, bathrooms, toilets rooms, and habitable basemeeets areas shall have a
clear teiling.helght of not less than 7 feet (2134 mm).
Exceptions:
1. In orre -and two• family dwelihrgs, beams or girders spaced not less
than 4 feet (1219 mm) on center and projetting not more than B Inches
~. "(i5Z mm) betew the required ceiling. height.
2. Basement rooms in ores- and two - family dwellings occupied
eerduslvely for laundry, study or recreation purposes, having a ceiling
height of not Isss than 6 feet 4 ferdees (1832) of clear height under
beams, girders, ducts and similar obstruatlons.
3. Rooms otwpled exdushntly far sleeping, study or similar purposes and
having a sloped ceiling inner all or part of the room, wkh a dear ceiling
height of at least 7 feet (2134 mm) over not Tess than one -third of the
required minimmn floor area. In calculating the floor area of such
rooms, only !hose portlons of the floor area with a telling height of 5
feet (1524 mmj or more shall be indnded.
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 addltioreal square feet of floor area per addkional occupant,
provided that a dwelling sink on Pleasure Island shall have a minimum of
S60 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 spate In dwelling. Throe shalt be a minimum of 600
square feet of floor area in arty dwelling.
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