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Code, as amended, are hereby repealed in their entirety.
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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.