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HomeMy WebLinkAbout08359ORDINANCE NO. 8359 AN ORDINANCE AMENDING TITLES IV AND VIII OF THE PUEBLO MUNICIPAL CODE, RELATING TO PROPERTY MAINTENANCE, AND ADOPTING THE 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC., 4051 WEST FLOSSMOOR ROAD, COUNTRY CLUB HILLS, IL, 60478, (MAY 2009), ALONG WITH CERTAIN DELETIONS AND AMENDMENTS THERETO AND PROVIDING REMEDIES AND PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that (brackets indicate matter being deleted; underscoring indicates new matter being added): SECTION 1. Sections 8-1-1 through 8-1-7 of Chapter 1, Title VIII, of the Pueblo Municipal Code, as amended, are hereby repealed in their entirety. [ Sec. 8-1-1. Legislative finding. It is hereby found that there exist and may in the future exist, within the City, buildings, dwellings, dwelling units, rooming units or parts thereof, which by reason of their structure, equipment, sanitation, maintenance, use or occupancy, affect or are likely to affect adversely the public health, including the physical, mental and social well-being of persons and families, safety and general welfare. To correct and prevent the existence of such adverse conditions, and to achieve and maintain such levels of residential environmental quality as will protect and promote public health, safety and general welfare, it is further found that the establishment and enforcement of minimum housing standards is required. Sec. 8-1-2. Legislative purpose. It is hereby declared that the purpose of this Chapter is to protect, preserve and promote the physical and mental health and social well-being of the people, to prevent and control the incidence of communicable diseases, to regulate privately and publicly owned buildings and dwellings for the purpose of maintaining adequate sanitation and public health, to protect the safety of the people and to promote the general welfare by legislation which shall be applicable to all dwellings now in existence or hereafter constructed. It is hereby further declared that the purpose of this Chapter is to insure that the quality of housing is adequate for protection of public health, safety and general welfare, including: establishment of minimum standards for basic equipment and facilities for light, ventilation and thermal conditions, for safety from fire and accidents, for the use, location and amount of space for human occupancy, and for an adequate level of maintenance, determination of the responsibilities of owners, operators and occupants of dwellings, and provision for the administration and enforcement thereof. Sec. 8-1-3. Adoption of Housing Code. (a) The Uniform Housing Code, 1997 edition, published and promulgated by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601-2298, herein referred to as the Housing Code or U.H.C., as amended by Section 8-1-4 of this Code, is hereby adopted and enacted by reference and made a part hereof as if set out herein in full, and all references and footnotes to the Uniform Building Code contained in the Housing Code shall be construed to be and shall be references and footnotes to the 1997 edition of the Uniform Building Code as amended and adopted by Chapter 2, Title IV of this Code. (b) Three (3) copies of the Housing Code, all certified to be true copies, shall be on file in the office of the City Clerk. Copies of said Housing Code shall be available for sale in the office of the Pueblo Regional Building Department. Sec. 8-1-4. Amendments. (a) Section 201.1 entitled "Authority" of the U.H.C. is amended to read as follows: "Authority. Authority or Building Official shall mean the Building Official of the Pueblo Regional Building Department or the Building Official’s duly authorized representative for inspection or enforcement of the provisions of the Uniform Housing Code." (b) Section 201.2 entitled "Right of Entry" of the U.H.C. is amended by the addition of the following paragraph: "The Municipal Court or any judge thereof shall have power, upon complaint made before it by the Building Official or the Building Official’s authorized representative that any person has refused the Building Official or the Building Official’s duly authorized representative entrance into or upon the building or premises owned or occupied by such person for the purpose of inspecting the same to determine the condition thereof, to issue a warrant commanding such building or premises to be inspected in the daytime, upon any day of the week except Sunday; and said search warrant shall be issued pursuant to Sections 1-6-24 through 1-6-26 of the 1971 Code of Ordinances." (c) Section 201 of the U.H.C. is amended by the addition of a new Section to read as follows: "201.2.1 Notwithstanding the provisions of Section 201.2 of the Housing Code to the contrary, neither the Building Official nor the Building Official’s authorized representatives shall enter any building or structure occupied by the owner thereof without the consent of said owner except pursuant to a search warrant issued by a Judge of the Municipal Court upon affidavit made by: a. A person over eighteen (18) years of age that he has personally observed conditions inside said building or structure which make such dwelling substandard as defined in Section 202 of the Housing Code; or b. The Building Official or the Building Official’s authorized representative that the exterior of said building or structure or the area adjacent to said building or structure is in such poor repair and condition that he has reasonable cause to believe that there exists in said building or structure conditions which make such building or structure substandard as defined in Section 202 of the Housing Code." (d) Section 203 entitled "Housing Advisory and Appeals Board" of the U.H.C. is amended to read as follows: "The authority and power to provide for final interpretation of the provisions of this Code and to hear appeals provided for hereunder is vested in the Building Board of Review of the Pueblo Regional Building Department (herein "Board"). The Building Official shall be an ex-officio member of and shall act as Secretary to said Board. The Board may adopt reasonable rules and regulations for conducting its business and shall render all decisions and finding in writing to the appellant with a copy to the Building Official. Appeals to the Board shall be processed in accordance with the provisions contained in Section 1201 of this Housing Code. Copies of all rules or regulations adopted by the Board shall be delivered to the Building Official who shall make them freely accessible to the public." (e) Section 204 entitled "Violations" of the U.H.C. is amended to read as follows: "No person, firm or corporation, whether as owner, agent, lessee, sublessee or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, rent, use, occupy or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Housing Code or any order issued by the Building Official hereunder. Any person convicted of violating the provisions of this Section shall be punished as prescribed in Section 8-1-7 of the 1971 Code of Ordinances of the City of Pueblo." (f) The following definition contained in Section 401 of the U.H.C. are amended to read as follows: "Health Officer. Health Officer shall be the Director or acting Director of the Pueblo City-County Health Department or the Health Officer’s duly authorized representative." (g) Section 1101.3 entitled "Service of Notice and Order" of the U.H.C. is hereby amended to read as follows: "The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner or, if unknown or unable to be served within the City, the order and notice shall be posted on the property and a copy thereof mailed by first class mail, postage prepaid, to the record owner at his last known address as shown in the records of the County Assessor; and one (1) copy thereof shall be mailed by first class mail, postage prepaid, to each of the following if known to the Building Official or disclosed from the County Assessor's records: the occupant of the property; the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the Building Official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this Section or any other Section of the Housing Code." (h) Section 1101.4 entitled "Method of Service" of the U.H.C. is hereby amended to read as follows: "Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either personally or in the manner set forth in Section 1-1-11(5) of the 1971 Code of the City of Pueblo, or by mailing a copy of such notice and order by first class mail to each such person at their address as it appears on the records of the County Assessor. If no address of any such person so appears or is not known to the Building Official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this Section. Service by certified mail in the manner herein provided shall be effective on the date of mailing." (i) Section 1104.2 entitled "Compliance" of the U.H.C. is hereby amended to read as follows: "Whenever such notice is posted, the Building Official shall include a notification thereof in the notice and order issued by him under Section 1101.2, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a Certificate of Occupancy issued pursuant to the provisions of the Uniform Building Code. Any person who shall be convicted of a violation of this Section shall be punished as prescribed in Section 8-1-7 of the 1971 Code of Ordinances of the City of Pueblo." (j) Section 1202 entitled "Effect of Failure to Appear" of the U.H.C. is hereby amended to read as follows: "Failure of any person to file an appeal in accordance with the provisions of Sections 1101 and 1201 of this Housing Code shall constitute a waiver of that person’s right to an administrative hearing and adjudication of the notice and order, or to any portion thereof; provided, however, that the Building Board of Review by majority vote upon good cause shown may hear a written appeal duly filed within thirty (30) days from the date of service of such order under Section 1101.2(5)." (k) Section 1301.3 entitled "Reporting" of the U.H.C. is hereby amended to read as follows: "The proceedings at the hearing shall also be reported by a certified reporter if requested by any party thereto in writing delivered to the Secretary of the Board at least five (5) days prior to the hearing. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established by the Board, but shall in no event be greater than the direct cost involved plus fifteen percent (15%) for expenses directly incurred." (l) Section 1303.4 entitled "Penalties" of the U.H.C. is hereby amended to read as follows: "Any person who refuses without lawful excuse to attend any hearing, or to produce material evidence in his or her possession or under his or her control as required by any subpoena served upon such person as provided for herein shall be deemed to have violated this Section and upon conviction shall be punished as prescribed in Section 8-1-7 of the 1971 Code of Ordinances of the City of Pueblo." (m) Section 1305.8 entitled "Effective Date of Decision" of the U.H.C. is hereby amended to read as follows: "The effective date of decision shall be stated therein. The decision may be reviewed by the District Court, Tenth Judicial District, under Rule 106(a)(4), Colorado Rules of Civil Procedure. Petition for review shall be filed within thirty (30) days after the effective date of the decision." (n) Section 1401.1 entitled "General" of the U.H.C. is hereby amended to read as follows: "After any order of the Building Official or the Building Board of Review made pursuant to this Code shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any person who shall be convicted of violating this Section shall be punished as prescribed in Section 8-1-7 of the 1971 Code of Ordinances of the City of Pueblo. (o) Section 1401.3 entitled "Failure to Commence Work" Subsection 1 is hereby amended to read as follows: "1. The Building Official shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading: "SUBSTANDARD BUILDING DO NOT OCCUPY It is a violation of the Housing Code to occupy this building or to remove or deface this notice. _______________________________ Building Official" (p) Section 1501.1 entitled "Procedure" of the U.H.C. is hereby amended to read as follows: "When any work of repair or demolition is to be done pursuant to Section 1401.3 Subsection 3 of this Code, the Building Official may issue a request therefor to the Director of Public Works, and the work may be accomplished by City personnel or by private contract under the direction of said Director. Plans and specifications therefor may be prepared by said Director, or he may employee such architectural and engineering assistance on a contract basis as he may deem reasonably necessary. If any part of the work is to be accomplished by private contract, standard Public Works contractual procedures shall be followed." (q) Section 1501.2 entitled "Costs" of the U.H.C. is hereby deleted. (r) Section 1502.1 entitled "General" of the U.H.C. is hereby amended to read as follows: "The City Council may annually, out of the general fund of the City, budget funds to defray the costs and expenses which may be incurred by the City in doing or causing to be done the necessary work of repair or demolition of dangerous buildings. Said funds shall be designated Repair and Demolition Funds and shall be expended and paid upon the request of the Director of Public Works." (s) Section 1502.2 entitled "Maintenance of Funds" of the U.H.C. is hereby deleted. (t) Section 1605.1 entitled "General" of the U.H.C. is hereby amended to read as follows: "The City Council may thereupon order that said charge shall be made a personal obligation of the property owner, or assess said charge against the property involved, or order that said charge be both a personal obligation and assessment. Upon recording in the County Clerk and Recorder's office a statement under oath of the City Manager or the City Manager's designee showing the cost of repairs or demolition and describing the land, such costs and interest thereon at the rate of ten percent (10%) per annum shall be and constitute a perpetual lien on the land having priority over all other liens except general tax liens. Such lien shall remain in full force and effect until such costs and interest have been paid in full. The remedies of the City hereunder shall be cumulative." (u) Section 1609 entitled "Report to Assessor and Tax Collector: Addition of Assessment to Tax Bill" of the U.H.C. is hereby amended to read as follows: "After confirmation of the report, certified copies of the assessment shall be given to the Director of Finance." (v) Section 1610 entitled "Filing Copy of Report with County Auditor" of the U.H.C. is hereby amended to read as follows: "The Director of Finance shall file a certified copy of the assessment with the County Treasurer with his warrant for the collection of same. The description of the parcels reported shall be those used for the same parcels on the County Assessor's map books for the current year." (w) Section 1611 entitled "Collections of Assessment: Penalties for Foreclosure" of the U.H.C. is hereby amended to read as follows: "The amount of the assessments, penalties and interest shall be collected in the same manner as special assessments for local improvements are collected pursuant to Chapter 1, Title XII of the Municipal Code, and shall be subject to the same penalties, procedure and sale in case of delinquency as special assessments for local improvements. All ordinances applicable to the collection and enforcement of assessments for local improvements and municipal taxes shall be applicable to such assessments." (x) Section 1612 entitled "Repayment of Repair and Demolition Fund" of the U.H.C. is hereby amended to read as follows: "All money collected in payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the Director of Finance who shall credit same to the General Fund." Sec. 8-1-5. Conflict with other ordinances. In any case where a provision of the Uniform Housing Code or this Chapter is found to be in conflict with any other provision of this Code, or any secondary code adopted thereby, that provision which establishes the higher or more restrictive standard for the promotion and protection of the health, safety and welfare of the people shall prevail. Sec. 8-1-6. Severability. If any part, section, subsection, sentence, clause or phrase of this Chapter or of the Housing Code is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Chapter or of the Housing Code. Sec. 8-1-7. Offenses; criminal penalties; permit revocation; other enforcement. (a) It shall be unlawful and a Class 1 municipal offense for any person to knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Chapter or the Uniform Housing Code, and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one (1) year, or both such fine and imprisonment. (b) It shall be unlawful and a Class 1 municipal offense for any person to refuse or fail to timely comply with any order issued by the Building Official, the Director of the Pueblo Regional Building Department or other designated building inspector pursuant to the provisions of this Chapter or the Uniform Building Code, and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one (1) year, or both such fine and imprisonment. (c) It shall be unlawful and a Class 1 municipal offense for any person to knowingly make any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to any requirement of this Chapter or the Uniform Housing Code, and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one (1) year, or both such fine and imprisonment. (d) Any permit issued pursuant to the provisions of this Chapter or the Uniform Housing Code may be suspended, terminated or revoked by the Building Official for (1) any of the reasons stated in Subsection 106.4.5 of the Uniform Building Code, or (2) any material violation of the terms of said permit or requirements applicable thereto. (e) In the event that any owner or occupant of premises within the City shall refuse entry to the Building Official or any building inspector, or if any premises are locked and the Building Official or any building inspector has been unable to obtain permission of the owner or occupant to enter, the Municipal Court is authorized to issue a search warrant authorizing such entry in accordance with the procedures set forth in the Colorado Municipal Court Rules. (f) In the event that any owner or occupant of premises within the City, or any licensed contractor or any permittee, shall fail or refuse to comply with any provisions of this Chapter, the Uniform Housing Code, or any permits issued thereunder, the City may initiate an action for injunctive relief in any court of competent jurisdiction to compel compliance with said Chapter, Uniform Housing Code or permit. (g) The enforcement remedies set forth in this Section are hereby expressly declared to be cumulative, and the exercise of any one (1) or more of them is not dependent upon the exercise of any other remedy, nor does the exercise of any one (1) or more of them constitute any bar or limitation to the ] exercise of any other. Sec. 8-1-1. to Sec. 8-1-7 Reserved SECTION 2. Section 8-1-8 of Chapter 1, Title VIII of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 8-1-8. Emergency Housing Rehabilitation Program. (a) A special housing rehabilitation revolving fund to be designated Emergency Housing Rehabilitation Fund is hereby established. Appropriations to said Fund may be made by the City Council by resolution. Payments out of said Fund shall be made by the Director of Finance upon the written request of the Director of the Department of Housing and Community Services based upon applications for assistance submitted and approved in accordance with the provisions of this Section. owner-occupied residential (b) The owner of any building who [] receives a Notice and Order under Sec. 1101.2 of the Uniform Housing Code the International Property Maintenance Code, as adopted and amended by the Pueblo Municipal Code, as amended, shall be entitled to make application for emergency housing rehabilitation assistance within thirty (30) days after receipt of said Notice and Order. Applications shall be timely made to the Department of Housing and Community Services upon forms prepared by said [] the Department. The Notice and Order given under said Sec. 1101.2 International Property Maintenance Code, as adopted and amended by the Pueblo Municipal Code, as amended, shall include reference to the emergency of the owner- housing rehabilitation program and shall advise the owner occupied residential building of the right to make application for assistance under said program specifying the minimum qualifications and the thirty-day- period within which application must be made. [] an owner-occupied residential building (c) The owner of a [] the International receiving a Notice and Order under said Sec. 1101.2 Property Maintenance Code, as adopted and amended by the Pueblo Municipal Code, as amended, may apply for housing rehabilitation assistance if the income and assets, excluding the value of the building in question, of such owner, or of a family the head of which or whose spouse is the owner, are within the limits prescribed for persons or families occupying public housing in the City financed pursuant to Chapter 8, Title 42 United States Code. The Department of Housing and Community Services shall certify all owner-applicants meet such qualifications. The department will prepare an estimate of the costs of repairs required to rehabilitate said building to meet the standards of the Housing Code. (d) The City Council shall appoint seven (7) persons to a committee to be known as the Housing Rehabilitation Committee. Said appointments shall be for terms of three (3) years. The Committee shall be reorganized annually and a chairman and vice chairman elected for the coming year at a meeting of the Committee to be held in July of each year. The Committee shall meet at the request of the Director of the Department of Housing and Community Services and shall act upon matters referred to the Committee by the Director. All grants [] an owner- of assistance shall be used only for repairs and rehabilitation of a occupied residential building which will abate the conditions which make the [] non-compliant with the International Property building substandard Maintenance Code, as adopted and amended by the Pueblo Municipal Code, as amended. (e) The Department of Housing and Community Services shall not approve any application for assistance until after the Director of Finance shall certify in writing to the Director of the Department of Housing and Community Services that there are sufficient monies in the Emergency Housing Rehabilitation Fund for such grant of assistance and until after the Department of Housing and Community Services receives proof that the applicant-owner is the fee owner and occupant of said land and building. owner-occupied residential (f) The owner of any building who receives housing rehabilitation assistance shall enter into an agreement with the City, on forms to be approved by the City Attorney, to repay to the City such financial assistance based on existing loan formulas and criteria used within the Department of Housing and Community Services. Such repayment agreement shall be placed of record and shall become and remain a lien and encumbrance on the building and land upon which the building is located until paid in full. Said grant of assistance shall become due and payable immediately upon the transfer of title to said land and building by the owner, or, upon the death of the owner, unless title to said land and building shall pass to the spouse of or an issue of such owner who meets the qualification of Subsection (c) hereof, and the Department of Housing and Community Services shall certify the same in writing to the Director of Finance within sixty (60) days after the death of such owner. Failure of the surviving spouse or issue of the deceased owner to request and obtain such certification from the Director of the Department of Housing and Community Services within said sixty-day-period shall conclusively constitute a waiver of all rights of such surviving spouse or issue to further defer repayment of the grant of assistance. (g) All repayments of rehabilitation grants of assistance shall be credited to the Emergency Housing Rehabilitation Fund. (h) Nothing contained in this Section shall obligate the City Council to appropriate funds to the Emergency Housing Rehabilitation Fund. SECTION 3. Title IV of the Pueblo Municipal Code, as amended, is hereby amended by the addition of a new Chapter 8, entitled: "Property Maintenance Code," to read as follows: CHAPTER 8 Property Maintenance Code Sec. 4-8-1. Legislative findings and purpose. (a) City Council hereby finds and declares that there are many residential and non-residential buildings and structures within the City, or parts thereof, which by reason of their structure, equipment, maintenance, occupancy, or use, affect or are likely to adversely affect public health, safety, and welfare. To correct and prevent the existence of such adverse conditions and to achieve and maintain such levels of environmental quality as will protect and promote public health, safety and welfare, the establishment of minimum property maintenance standards is necessary. (b) The purpose of this Chapter is to protect public health, safety and welfare from the adverse effects of buildings, structures, and parts thereof that are not properly maintained and the problems that poor maintenance of buildings and structures cause, including but not limited to, unsafe buildings and structures, accidents, injuries, disease, poor sanitation, and fire hazards. (c) The International Property Maintenance Code provides reasonable and nationally recognized standards for maintenance of residential and non-residential buildings and structures and properly addresses the problems associated with a failure to maintain buildings and structures in a way that is suitable for the City of Pueblo. (d) City Council finds and declares that property maintenance problems related to residential properties tend to be worst at properties that are rented, rather than owner-occupied. This appears to follow from renters' lack of pride of ownership and the short-term outlook of renters, as well as landlords' desire to derive income and keep maintenance expenses low. Therefore, the IPMC should first be applied to those properties before considering whether it should be applied to all residential properties. (e) City Council finds and declares that property maintenance problems related to commercial properties tend to be more destructive of neighborhood property values when the commercial property is open to the public and consists of five thousand (5,000) aggregate square feet or more of enclosed space. Therefore, the IPMC should first be applied to those properties before considering whether it should be applied to all commercial property. Sec. 4-8-2.International Property Maintenance Code adopted by reference. (a) The International Property Maintenance Code, 2009 Edition, promulgated and published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL, 60478, (May, 2009) hereinafter collectively referred to as the "I.P.M.C." is adopted by reference; provided that the following portions thereof are not adopted: (1) Preface. (2) Sample Ordinance for Adoption of the I.P.M.C. (3) Section 103.1 General. (4) Section 103.3 Deputies. (5) Section 103.4 Liability. (6) Section 103.5 Fees. (7) Section 104.1 General. (8) Section 110 Demolition. (9) Subsection 111.2.1 Alternate members. (10) Subsection 302.4 Weeds. (11) Subsection 302.9 Defacement of Property. (12) Any reference to the International Zoning Code. (13) Appendix A, Boarding Standard. (14) Section 304.2 Protective Treatment. (15) Section 304.17 Guards for Basement Windows. (b) Copies of the I.P.M.C. are available in the Office of the City of Pueblo Land Use Administrator, 211 East "D" Street, Pueblo, CO 81003, for distribution and sale to the public. (c) The minimum conditions and responsibilities of persons for maintenance of structures, equipment and property shall be in compliance with the terms and provisions of the I.P.M.C. as adopted by reference with the deletions and amendments provided in this Chapter. Section 4-8-3. Applicability: The I.P.M.C. shall apply only to the following categories of property: (a) Residential properties that are vacant, rented, or on hold for rental, including transient housing, rather than owner-occupied housing; (b) Commercial properties that are open to the public and consist of at least five thousand (5,000) aggregate square feet of enclosed space, whether or not all of that space is open to the public. Section 4-8-4. Amendments to the I.P.M.C. The following subsections of the I.P.M.C. are hereby amended to read as follows: (a) Subsection 102.10 Other laws. "The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. In the event of any conflict between this code and any ordinance or another code adopted by reference, the more restrictive requirement shall apply." (b) Subsection 103.2 Appointment: [ The code official shall be appointed by the chief appointing ] . "The City Manager, Department of authority of the jurisdiction Planning and Development, the Building Official (as defined in Chapter 1 of this Title), Code Enforcement Officers designated under Chapter 5 of Title XVII, Pueblo Municipal Code as amended, the Fire Chief, the Police Chief and the Police Department's Police Support Technicians, the Health Officer, Director of Housing, and any of their designees shall each be deemed Code Officials for purposes of the I.P.M.C. " The following Code Officials shall have responsibility for enforcement of the following Sections of the I.PM.C., but the City Manager may, from time to time, delegate or reassign responsibility to enforce any section of the I.P.M.C to any Code Official: (1) Planning and Development and its Code Enforcement Officers: Subsection 301.3, Section 303, Section 306, Section 308, and Section 302, except Subsection 302.5; (2) Police Department and its Police Support Technicians Code Enforcement Officers: Section 301.3, Subsection 302.8, Section 303, Section 307.1, Section 308, and Section 302, except Subsection 302.5; (3) Building Official: Section 304, and Section 606; and the following Sections, but only as to commercial buildings: Subsection 301.3, Subsection 307.1, Section 504, Section 505, Section 506, Section 507, Section 603, Section 604, Section 605, and Section 607. (4) Fire Chief: Subsection 307.1; Section 701, Section 702, Section 703, and Section 704; (5) Health Official: Section 301.3, Section 302.5, Section 308, Section 309; and (6) Director of Housing: the following Sections, but only as to residential buildings: Subsection 301.3, Section 305, Section 306, Subsection 307.1, Section 401, Section 402, Section 403, Section 404, Section 501, Section 502, Section 503, Section 504, Section 505, Section 506, Section 507, Section 601, Section 602, Section 603, Section 604, Section 605, and Section 607 ." (c) Subsection 104.3 Right of Entry. " Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the [ duties imposed by this code, provided that if such structure or premises is ] shall first make a reasonable effort to locate occupiedthe code official the owner or other person having charge or control of the structure or permission to enter the premises. If the premises and request owner or other person having charge or control of the or structure cannot be located or permission to enter is refused, the premises may obtain a search warrant for entry of the structure or code official premises. Upon entry, the code official shall present credentials to the . [ occupantand request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premisesand request entry. If entry is refused, the code official shall have ] ." recourse to the remedies provided by law to secure entry [] (d) Subsection 106.2 Notice ofViolation procedures. [ " The code official shall serve a notice of violation or order ] : may, in his or her discretion, either in accordance with Section 107. (1) issue a summons and complaint to the person responsible for such violations without first issuing a notice of violation and order as provided in Section 107; (2)issue to the person responsible for such violation a notice of violation and order as provided in Section 107, and if compliance is not obtained within a reasonable time, issue a summons and complaint for both the underlying violation and failure to comply with the notice of violation and order; or (3) take any other action authorized by statute or ordinance to ensure compliance with the Pueblo Municipal Code, as amended, or to prevent violation of its provisions." (e) Subsection 106.3 Prosecution of violation. "provision of this code or Any person failing to comply with any with a notice of violation or order served in accordance with Section 107 [ shall be deemed guilty of a misdemeanor or civil infraction as determined ] by the local municipality, and the violation shall be deemed a strict liability [ offense. 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 unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken ] Any notice of by the authority having jurisdiction on such premises violation and order or summons and complaint for violation of this [] code may shall be charged against the real estate upon which the upon recording structure is located and shall be a lien upon such real superior to all other liens and deeds of trust estate ." (f) Subsection 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 ] "Any person, firm, corporation or other entity separate offense. violating any of the provisions of this code, upon conviction thereof, shall be punished as provided in Sections 4-8-8 and 4-8-9 of the Pueblo Municipal Code. The application of any such penalty shall not be held to prevent the enforced removal of prohibited conditions, nor to limit or restrict the application or use of any other remedies available under law, including but not limited to those set forth in Section 4-8-7, Pueblo Municipal Code." (g) Subsection 107.1 Notice to person responsible. "Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has [] the code official may serve a notice and order occurred, notice shall [] upon the responsible person givenin the manner prescribed in [ Section 107.2 and 107.3 to the person responsible for the violation as specified in this code." Notices for condemnation shall also comply with ] Section 108.3 (h) Subsection 107.5 Penalties. "Penalties for noncompliance with orders and notices shall be as and Section 4-8-9 of the Pueblo Municipal set forth in Subsection 106.4 Code, as amended ." (i) Subsection 109.3 Closing streets. "Closing streets. When necessary for public safety, the code [ official shall temporarily close structures andclose or order the authority ] may request that the City close having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures and prohibit the same from being utilized." (j) Subsection 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 [] Property Maintenance Board of Appeals, board of appealsprovided 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. " (k) Subsection 111.2 Membership of Board. [] "The Property Maintenance Board of The board of appeals [][ Appeals five shall consist of a minimum of threemembers who are qualified by experience and training to pass on matters pertaining to ] are residents of the City and property maintenance and who are not [ City. 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 [ City Council." board shall be appointed by the chief appointing authority, ]. and shall serve staggered and overlapping terms." (l) Subsection 111.2.4 [Secretary.] Staff Support for Board. [ The chief administrative official shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed ] r record of all proceedings in the office of the chief administrative office " The Department of Planning and Development shall provide staff support for the Property Maintenance Board of Appeals. The Department responsible for the notice and order or other decision made against a person or property shall be responsible for presenting the evidence and other information in support of the notice and order or other decision on appeal to the Board. " (m) Subsection 301.2 Responsibility. "The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as and Pueblo Municipal Code, as otherwise provided in this code amended. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in sanitary and safe condition and which do not comply with the requirements of this chapter and Pueblo Municipal Code, as amended. Occupants of a dwelling unit, and the owner thereof, jointly rooming unit, or housekeeping unit, are responsible for keeping in a clean, sanitary, and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they own, occupy, or control." (n) Subsection 303.2 Enclosures. "Private swimming pools, hot tubs and spas, containing more than 24 inches of water (610 cm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 cm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches (1372 cm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced, or changed in a way that reduces its effectiveness as a safety barrier. [] Exception:Exceptions: (a) Spas or hot tubs with a safety cover that complies with ASTM F1346 shall be exempt from the provisions of this and (b) above ground pools, hot tubs, and spas." section; (o) Subsection 306.1.1, Unsafe Conditions – (First Sentence) "Where any of the following conditions cause the component or [ system to be beyond its limit state, the component or systems shall be ] unsafe, the same determined as unsafe and shall be repaired or replaced to comply with the International Building Code as required for existing buildings:" (p) Subsection 308.3.1 Garbage facilities. [] "The owner of every dwelling shall supply one of the following [ either an approved mechanical food waste grinder in each dwelling unit ; an approved incinerator unit in the structure available to the occupants in ] or each dwelling unit or an approved leakproof, covered, outside garbage container." Sec. 4-8-5. Responsibility for damages; liability of City. (a) The provisions of this Chapter and the I.P.M.C. shall neither release nor discharge any person from any liability imposed by law for any injury to persons or damage to property caused by or resulting from the performance or failure to perform work or furnishing materials covered by this Chapter. (b) Nothing in this Chapter or the I.P.M.C. is intended to create any duty upon the City, the Pueblo Regional Building Department, or the Pueblo City-County Health Department or any of their officers, directors, agents or employees. Neither the City nor any of its agents or employees will be held liable for any injury to persons or damage to property by reason of any act or failure to perform any act authorized or required by this Chapter or the I.P.M.C. Sec. 4-8-6. Interpretation. Whenever in the I.P.M.C., as adopted and amended by this Chapter, or in any secondary code adopted by the I.P.M.C., it is provided that anything must be done to the approval of or subject to the direction of the Code Official or any other officer of the City, this shall be construed to give such official only the discretion to determine whether the requirements and standards established by the I.P.M.C. and all secondary codes adopted by the I.P.M.C. have been complied with; and no such provision shall be construed as giving any official discretionary powers as to what such regulations or standards shall be, or power to require conditions not prescribed by such code or codes or to enforce the provisions of such code or codes in an arbitrary or discriminatory manner. Sec. 4-8-7. Enforcement. (a) In the event any owner or occupant of premises within the City refuses entry of premises to the Code Official, or if any premises are locked and the Code Official has been unable to obtain permission of the owner or occupant to enter, the Municipal Court is authorized to issue a search or inspection warrant authorizing such entry in accordance with the procedures set forth in the Colorado Municipal Court Rules. (b) In the event any owner or occupant of premises within the City or their agent, employee or contractor refuses to comply with any provision of this Chapter or the I.P.M.C., the City may initiate a civil action for injunctive relief in any court of competent jurisdiction to compel compliance with this Chapter and the I.P.M.C. (c) The enforcement remedies and criminal penalties in this Chapter are declared to be cumulative, and the exercise of any one (1) or more of them is not dependent upon the exercise of any other remedy or penalty, nor does the exercise of any one (1) or more of them constitute any bar or limitation to the exercise of any other. Sec. 4-8-8. Offenses. (a) It shall be unlawful and a Class 1 municipal offense for any person to violate, disobey, omit, neglect, refuse, fail to comply with, or resist the enforcement of any provision of this Chapter or of the I.P.M.C. as adopted and amended by this Chapter. (b) It shall be unlawful and a Class 1 municipal offense for any person to fail, neglect, or refuse to promptly comply with any order issued by the Code Official pursuant to this Chapter or the I.P.M.C. (c) It shall be unlawful and a Class 1 municipal offense for any person to knowingly make any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to any requirement of this Chapter or the I.P.M.C. (d) It shall be unlawful and a Class 1 municipal offense for any person to fail, neglect or refuse to promptly comply with any search warrant, injunction, or other court order issued by any court of competent jurisdiction to enforce any provision of this Chapter or the I.P.M.C. (e) Each day that such offense exists or continues shall constitute a separate count of such offense. Section 4-8-9. Penalties and Surcharge. (a) Any person who violates, disobeys, omits, neglects, refuses, fails to comply with, or resists the enforcement of any provision of this Chapter or of the 2009 as adopted, and amended by this Chapter, I.P.M.C. shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one (1) year, or both such fine and imprisonment, provided that, if the person found guilty of a violation of an offense was under eighteen (18) years of age at the time of the offense, the court shall not impose a jail sentence. (b) In addition to the penalties provided herein, any person convicted of violating any provision of this Chapter or the I.P.M.C. as adopted and amended by this Chapter, shall be assessed a surcharge for each count of such conviction, to be known as the Keep Pueblo Beautiful Surcharge, in the amount of Twenty-Five Dollars ($25). In the case of an unemancipated minor, the parents or guardians of the minor shall be jointly and severally liable for this surcharge and shall be ordered to pay the same. This surcharge may only be waived by the Court upon a bona fide finding that the Defendant is indigent, or in the case of a minor, that the minor's parents or guardians are indigent. This surcharge shall be collected by the Municipal Court and paid into the City's general fund. SECTION 4. A public hearing to consider the adoption of the 2009 International Property Maintenance Code, with modifications, shall be held in the Council Chambers, Interim City Hall, 301 West "B" Street, Pueblo, Colorado at 7:00 p.m. on June 13, 2011. The City Clerk is directed to publish notice of such hearing pursuant to Section 31-16-203 of the Colorado Revised Statutes. SECTION 5. The adoption of this Ordinance and the 2009 International Property Maintenance Code shall not impose any duty upon any person, firm, corporation, or other entity with regard to the enforcement or nonenforcement of this Ordinance or said code. No person, firm, corporation, or other entity shall have any private right of action, claim, or civil liability remedy against the City of Pueblo or their officers, employees or agents, for any damage arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance or said code. Nothing in the Ordinance or in said code shall be construed to create any liability, or to waive any of the immunities, limitations on liability, or other provisions of the Governmental Immunity Act, Section 24- 10-101, C.R.S. et seq., or to waive any immunities or limitation on liability otherwise available to the City of Pueblo or their officers, employees or agents. SECTION 6. If any part, section, subsection, sentence, clause or phrase of this Ordinance or the adopted 2009 International Property Maintenance Code is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or of the 2009 International Property Maintenance Code. SECTION 7. The Council finds and declares that a certified true copy of the 2009 International Property Maintenance Code, has been on file in the office of the City Clerk of the City of Pueblo for not less than 15 days preceding the public hearing referred to in Section 4 of this Ordinance, and shall remain in said office for public inspection. After adoption of this Ordinance, a copy of the 2009 International Property Maintenance Code shall be kept in the office of the Land Use Administrator, 211 E. "D" Street, Pueblo, Colorado 81003. Copies of the 2009 International Property Maintenance Code shall be available through the Land Use Administrator for purchase by the public at a moderate price. SECTION 8. This Ordinance shall become effective on March 1, 2012 at 12:01 a.m. INTRODUCED: May 9, 2011 BY: Steve Nawrocki COUNCILPERSON PASSED AND APPROVED: June 13, 2011 Background Paper for Proposed ORDINANCE DATE: AGENDA ITEM# R-7 May 9, 2011 DEPARTMENT: Office of the City Council Leroy Garcia, Councilman TITLE: AN ORDINANCE AMENDING TITLES IV AND VIII OF THE PUEBLO MUNICIPAL CODE, RELATING TO PROPERTY MAINTENANCE, AND ADOPTING THE 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC., 4051 WEST FLOSSMOOR ROAD, COUNTRY CLUB HILLS, IL, 60478, (MAY 2009), ALONG WITH CERTAIN DELETIONS AND AMENDMENTS THERETO AND PROVIDING REMEDIES AND PENALTIES FOR THE VIOLATION THEREOF ISSUE: Should the City Council adopt the International Property Maintenance Code by reference, along with certain deletions and amendments thereto and remedies and penalties for violation thereof? RECOMMENDATION: City Council should adopt the proposed Ordinance. BACKGROUND: The City currently operates under the Uniform Housing Code, 1997 Edition, published by the International Code Council, which contains provisions on maintenance for residential housing only. With the consolidation of code agencies into the International Code Council, the former Uniform Housing Code is no longer published, and the 1997 version does not interface well with the 2009 International Codes adopted by the City this year. The proposed Ordinance would adopt the 2009 International Property Maintenance Code, published by the International Code Council, requiring owners and occupants of certain real property (as noted below) to maintain all structures on the property according to standards set forth in the Code. This Code replaces the ICBO Housing Code but also contains requirements applicable to non-residential property. The proposed Ordinance provides remedies for enforcement of the Code and penalties for violation thereof. The authority for enforcement of the Code is delegated to the City Manager, Planning and Development, Police Department Code Enforcement, the Building Official (Pueblo Regional Building Department), the Fire Chief, the Health Official, and the Director of Housing. The Ordinance establishes a 5-member appeals board of City residents to be appointed by City Council to determine appeals from decisions of the Code Official and orders issued under the Code. However, Code Enforcement Officers have discretion to by- pass the notice and order procedure and charge the responsible person directly into municipal court. The scope of the proposed ordinance has been scaled back from its previous presentation in December, 2010. The proposed ordinance now applies only to residential properties that are vacant, occupied residential rental properties, and to commercial properties open to the public with enclosed space of at least 5,000 square feet. FINANCIAL IMPACT: The costs of implementing the International Property Maintenance Code are not known, but would include costs of additional staffing, vehicles and equipment. The cost and enforcement plan will be developed by the City Manager for the 2012 budget.