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HomeMy WebLinkAbout2015 Ordinance No. 049• • ORDINANCE No.!/!i SERIES OF 2015 BY AUTHORITY COUNCIL BILL NO. 40 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AMENDING TITLE 8, CHAPTER 2, ARTICLE F, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE PROPERTY MAINTENANCE CODE OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood has used the Uniform Codes as model construction codes smce 1971; and WHEREAS, these Codes are updated periodically to keep pace with changing construction technology; and WHEREAS, the Intergovernmental Agreement with Denver to provide fire protection requires the adoption of the 2015 Fire, Building and associated codes; and WHEREAS, the intergovernmental agreement with Denver requires approval from the Denver Fire Chief for all modifications to such codes; and WHEREAS, the Denver Fire Chief has reviewed and approved Englewood's proposed modifications to the International Property Maintenance Code 2015; and WHEREAS, the City of Englewood Division of Building and Safety staff has thoroughly reviewed the International Property Maintenance Code 2015 and recommends adoption thereof subject to certain exceptions, modifications and amendment. NOW, THEREFORE, BE IT ORDAJNED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the repeal of Title 8, Chapter 2, Article F, of the Englewood Municipal Code 2000, in its entirety. Section 2. The City Council of the City of Englewood, Colorado hereby adopts the International Property Maintenance Code 2015 as Title 8, Chapter 2, Article F, of the Englewood Municipal Code 2000, to read as follows: 1 CHAPTER? CQN§TRJJCTIQN AND §AfET)' com;s ARTJCLEf fBAfEBIX MAINTENANCE CQQE HE-l: CODE ADQPfED: Jllere is hereby adopted, by referegs;e thereto. the International PmpertxMainteoance Code 201s Edition. in its entirety incbwing errata updates, as part of the Code, by the IntemaUgMI Code Council, Inc., 4Q5J West Elossmoor;Road. Country Club HUis, Illinois 60478.5795. subject to the exceptions. moditkations and amendmwts set forth in Section B-2F-2 of this Article. The City; Clerk shall maintain.a copx of the Code and errata updates which will be ayaHable for ioSQSStign during regular business hours. 6:2E-2; §PECIFJC MQQWJCATIQNS IQ AJXlfTED £QDE: The following specific changes, modifications and amendmencs are hereby made in UJe provisions of the IntemationaLProperty Maintenance Code 201 s. bereioabqye adopted; ~ CHAPTER 'I AQM1Nl5IBA~ l · 101.1 Title, (Insert the fqllowing} ~stregulations shan be known as the PrppertyMauru:mmce Code of the Ciw,i Englewgoda hereinafter ref eqed .to.as •;trus Code". Section 102.1 Application of other codes. tDelete re(erence ta Internqtignql Zoning C.qef~ as an qpqlicahle code.) Rep,aira, additions or »herations to a structure. or chqgges of occupancy, shallhe done in accordance wjth the prgpedures and provisions of the Inrematianal Building Q/dG. lnternatiqnal Existing Building Code International Energy Cgnseryat{qa Cpde lnternariqnal figCode, Intemationgl fuel Gas Code, International Mechanical Code. In,ernqtiongf fwiflential Coder lnternqtiqnql Plumbing Code wtd NFPA 70, Ne~g:m this eoee sl:Htll be eepstraed te eaHeel, modify er set asiee a.ff,' nre1.:i:§:!0ft~f ~e Iatema~ieael Zeaieg Code., 100,3 Fees. {Fees prongsed foe en(qrcement qftbdEM.C',1o,lte.s,e.LJ,,y_JJpsglution}, The fees for activities and services pe,rfoUQ%J by the department in carrying out it§ ~ponsibilities under this Code shaU be es iadioa~eEI tat-he feUewi9g sehedttle set by Cmmcjl resolution, ~-107.2 Form, {Amend Item No. 4 Umuiag time fo r repair ro qn IPMC yia /qJjp.Jtto W2 mqre than thirty /JO> caJendm;dq ys / 2 4.... Include a correction order allowing a reasonable time. but in no event more than 30 days. to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this Code. J QB,S Prohibited occupancy. fAmend as indicated. Sets a time limit to vacate within tea !Q days unless a lesser time is necessary depending on die degree of hazard,> Any occupied structure condemned and placarded by the code official shan he vacated as ordered by the code official, Such placard shall he deemed an order directing vacation and shan provide not more than ten £ 1 Q} days from the date of such placarding for the vacation of such dweHing unit unless a lesser time is stated in the order as in the judgment of the building official is reasonable and proper in view of the facts of the situation and ha,1.ard jnyolyed Any person who shall occupy a placarded premises or shan operate placarded equipment. and any owner or any person responsible for the premises who shan let anyone occupy a placard premises. or operate placarded equipment, or remove such placard from the premises. or operate placarded equipment, or remove such placard from the premises or equipment, shaH be Hable for the penalties provided by this Code. ill Means of Appeal. {Delete in its entirety and substitute the following) See Section 8-1-7 of the Englewood Municipal Code for requirements and procedures to appeal. ~ CHAPTER 3 -GENERAL REQUIREMENTS, L 301.2,1 Responsibility-Hotel/Motel Owners. (Add new section to require hotel/motel owners to maintain the individual unit as well as common areas). The owner of the premises shaH maintain the structures. dwelling unit. rooming unit, housekeeping unit and exterior property in compHance with these requirements. A person shaH not occupy as owner-occupant or pennit another person to occupy premises which are not in a sanitary and safe condition and whjch do not comply with the requirements of this Chapter. ~-302 -Exterior Property Areas, & 302,4 Weeds. <Delete in its entirety.> EDITORS NOTE; Ibis is enforced under Title 11, Chapter 6 of the Englewood Municipal Code for Health. Sanitation and Environmental protection. }2. 302,9 Defacement of property, <Delete in its entirety This Section is deleted and deferred to Code Enforcement for enforcement l EDITORS NOTE· This is enforced under 15-15-1 of the Englewood Municipal Code. 304 -Exterior StruchJCe, 3 .a. 304,14 Insect screens. <Amend to require insect screens year round [or all ommings.) Dliriag tee aer-iee &am [DATE} ta [DATe), e Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas of any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shalJ he supplied with approved tightly fitting screens of not less than 16 mesh per inch CJ 6 mesh per 25 mm), and every screen door used for insect control shaU have a seJf-closing device in good condition. Exception· Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. C.. CHAPTER 6 MECHANICAL AND ELECTRICAi, REQUIREMENTS . .L ™ Heat supply. <Delete partial sentence and set a minimum requirement for heat to 68 degrees for dwelling units } Every owner and operator of any building who rents, leases or lets one or more dwemng units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat dwiag the eeriee {rem [l)AJ:il *8 [DATE] to maintain a temperature of not Jess than 68° F <20° C} in an habitable rooms bathrooms, and toilet rooms. k 602.4 Occupiable work spaces. <Delete partial sentence and set a minimum requirement for heat le 65 degrees for indoor work spaces.} Indoor occupiable work spaces shall he supplied with heat a,irieg the eeriea hm [DATE] t 0 [l)ATijJ to maintain a temperature of not Jess than 65°F during the period the spaces are occupied, Section 3. Safety Clauses. The City Council hereby finds, detennines, and declares that this Ordinance is promulgated wider the general police power oftbe City of Englewood, 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 obtained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 5. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. 4 • • Section 6. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 7. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 5th day of October, 2015. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 8th day of October, 2015. Published as a Bill for an Ordinance on the City's official website beginning on the 7th day of October, 2015 for thirty (30) days. Read by title and passed on final reading on the 19th day of October, 2015. Published by title in the City's official newspaper as Ordinance No.4lf. Series of 2015, on the 22nd day of October, 2015. Published by title on the City's official website beginning on the 21st day of October, 201 S for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is/~e copy of the Ordinance passed on final reading and published by title as Ordinance No.~ Series of 2015. ~~ Lou~rishia A. Ellis 5 COUNCIL COMMUNICATION Date: Agenda Item: Subject: 2nd Reading -Adoption of the International Property Maintenance Code 2015 10-19-2015 11bvi Initiated By: Community Developmemt, Division of Staff Source: Lance Smith , Chief Building and Safety Building Official PREVIOUS COUNCIL ACTION The adoption of the International Property Maintenance Code 2015 was reviewed by City Council at the July 13, 2015 study session. RECOMMENDED ACTION Staff requests City Council approve, on second reading, an ordinance adopting the International Property Maintenance Code 2015 to establish clear and specific property maintenance -requirements with required property improvement provisions. • BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood has used the Englewood Municipal Code Title 9 Housing Regulations as a residential property maintenance code since 1985 and updates this code periodically to keep pace with changing technology. The Building and Safety staff has reviewed the International Property Maintenance Code 2015 and recommends adoption subject to certain exceptions, modifications and amendments. FINANCIAL IMPACT The only costs associated with the ordinance would be for the purchase of code books. The estimated amount is approximately $200.00 and has been budgeted for in the 2015 Budget. LIST OF ATTACHMENTS Bill for an ordinance Amendments to the 2015 International Property Maintenance Code • 101.1 Title. (Insert the following) These regulations shall be known as the Property Maintenance Code of the City of Englewood, hereinafter referred to as "this code". • 102.3 Application of other codes. (Deleted reference to lnternatioal Zoning Code as an applicable code.) 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 Existing Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, International Plumbing Code and NFPA 70. Metl=ling iR thio eo&l8 ol=lell &8 e9nstrw8&1 to oaRo81, FAa&liFJ er oet aoiae any pravioion af the lnterRetiaRel leRiR!ll Code. • 103.5 Fees. (There are no fees proposed for enforcement of the IPMC) The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be eo inaioetos in tl=lo foll0v,ing &0t:loewlo set by council resolution. • 107.2 Form. (Amend Item #4 as indicated, provides a time limit for repairs to an IPMC A violation to 30 calendar days.) W 4. Include a correction order allowing a reasonable time, but in no event more than 30 days, to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code. • 108.5 Prohibited occupancy. (Amend as indicated. Sets a time limit to vacate within ten days unless a lesser time is necessary depending on the degree of hazard) Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Such placard shall be deemed an order directing vacation and shall provide not more than ten (10) days from the date of such placarding for the vacation of such dwelling unit unless a lesser time is stated in the order as in the judgment of the building official is reasonable and proper in view of the facts of the situation and hazard involved. 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, or remove such placard from the premises or equipment, shall be liable for the penalties provided by this Code. • Section 111 Means of Appeal (Delete in its entirety and substitute the following) Refer to 8-1-7 EMC for requirements of this section . • 301.2.1 Responsibility-Hotel/Motel Owners (Add new section to require hotel/motel owners to maintain the individual unit as well as common areas). A The owner of the premises shall maintain the structures, dwelling unit, rooming unit, W housekeepin9..unit and exterior p ro perty in compliance with these re q uirements. 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 requirements of this chapter. • 302.4 Weeds. (Deleted in its entirety. This section is deleted and deferred to Code Enforcememt for enforcement.) • 302.8 Motor vehicles. (Deleted in its entirety. This section is deleted and deferred to Code Enforcememt for enforcement.) • 302.9 Defacement of property. (Deleted in its entirety. This section is deleted and deferred to Code Enforcememt for enforcement.) • 304.14 Insect screens. ( Amended to require insect screens year round for all openings.) guFiAg the JieFie&i fFem (QA+i] te ~QA+!;], e Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas of any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good condition . Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. • 602.3 Heat supply. (Delete partial sentence and set a minimum requirement for heat to 68 degrees for dwelling units.) Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat &iuFiA!!I the fi8Fielii fFeAi (QA+i} te (QA:rl!ii] to maintain a temperature of not less than 68 F (20 C) in all habitable rooms, bathrooms, and toilet rooms. • 602.4 Occupiable work spaces. (Delete partial sentence and set a minimum requirement for heat to 65 degees for indoor work spaces.) Indoor occupiable work spaces shall be supplied with heat liiuFiAg the fi8Fielii fl;em (QA+i] ta lC,O.+e] to maintain a temperature of not less than 65 F during the period the spaces are occupied. COUNCIL COMMUNICATION Date: Agenda Item: Subject: 1st Reading -Adoption of the International Property Maintenance Code 2015 10-5-2015 11avii Initiated By: Community Developmemt, Division of Staff Source: Lance Smith, Chief Building and Safety Building Official PREVIOUS COUNCIL ACTION The adoption of the International Property Maintenance Code 2015 was reviewed by City Council at the July 13, 2015 study session. RECOMMENDED ACTION Staff requests City Council approve an ordinance adopting the International Property Maintenance Code 2015 to establish clear and specific property maintenance requirements with -required property improvement provisions. • BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood has used the Englewood Municipal Code Title 9 Housing Regulations as a residential property maintenance code since 1985 and updates this code periodically to keep pace with changing technology. The Building and Safety staff has reviewed the International Property Maintenance Code 2015 and recommends adoption subject to certain exceptions , modifications and amendments. FINANCIAL IMPACT The only costs associated with the ordinance would be for the purchase of code books. The estimated amount is approximately $200.00 and has been budgeted for in the 2015 Budget. LIST OF ATTACHMENTS Bill for an ordinance Amendments to the 2015 International Property Maintenance Code • 101.1 Title. (Insert the following) These regulations shall be known as the Property Maintenance Code of the City of Englewood, hereinafter referred to as "this code". • 102.3 Application of other codes. (Deleted reference to lnternatioal Zoning Code as an applicable code.) 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 Existing Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, International Plumbing Code and NFPA 70. ~,etl-"liAg in il-"lis oecde sl-"lell ee aenst~ecd te eeneel, A'!ecdit,· or sot esiee any f)r-ovisi&n ef tl-"le lntoFnBli9ABI ~eniAg Gode. • 103.5 Fees. (There are no fees proposed for enforcement of the IPMC) The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be es inaieeteel in tl-"le f&llewing 001-"1ed1:1lo set by council resolution. • 107.2 Form. (Amend Item #4 as indicated, provides a time limit for repairs to an IPMC A violation to 30 calendar days.) W 4. Include a correction order allowing a reasonable time, but in no event more than 30 days. to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code. • 108.5 Prohibited occupancy. (Amend as indicated. Sets a time limit to vacate within ten days unless a lesser time is necessary depending on the degree of hazard) Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Such placard shall be deemed an order directing vacation and shall provide not more than ten (10) days from the date of such placarding for the vacation of such dwelling unit unless a lesser time is stated in the order as in the judgment of the building official is reasonable and proper in view of the facts of the situation and hazard involved. 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, or remove such placard from the premises or equipment, shall be liable for the penalties provided by this Code. • Section 111 Means of Appeal (Delete in its entirety and substitute the following) Refer to 8-1-7 EMC for requirements of this section. • 301.2.1 Responsibility-Hotel/Motel Owners (Add new section to require hotel/motel owners to maintain the individual unit as well as common areas). A The owner of the premises shall maintain the structures, dwelling unit. rooming unit. W, housekeeping unit and exterior property in compliance with these requirements. 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 requirements of this chapter. • 302.4 Weeds . (Deleted in its entirety. This section is deleted and deferred to Code Enforcememt for enforcement.) • 302.8 Motor vehicles . (Deleted in its entirety. This section is deleted and deferred to Code Enforcememt for enforcement.) • 302.9 Defacement of property. (Deleted in its entirety. This section is deleted and deferred to Code Enforcememt for enforcement.) • 304.14 Insect screens. (Amended to require insect screens year round for all openings.) QwFiFl!!J tllle period frem [Q,o.+ai to [DAXi~. e ~very door, window and other outside opening required for ventilation of habitable rooms , food preparation areas, food service areas of any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. • 602.3 Heat supply. (Delete partial sentence and set a minimum requirement for heat to 68 degrees for dwelling units.) Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat EiuriRg the ~erieiil fr,;em [DA+E!J te U:l,A.:riJ to maintain a temperature of not less than 68 F (20 C) in all habitable rooms, bathrooms, and toilet rooms . • 602.4 Occupiable work spaces. (Delete partial sentence and set a minimum requirement for heat to 65 degees for indoor work spaces.) Indoor occupiable work spaces shall be supplied with heat EiwriRg tllle perieEI frem [DATi~ to ~QATiJ to maintain a temperature of not less than 65 F during the period the spaces are occupied .