The International Property Maintenance Code, 2018 Edition, including Appendixes A, B and C published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795, hereafter referred to as the Property Maintenance Code, is hereby adopted by reference and made a part of this Chapter and Article save and except such parts or portions thereof as are specifically deleted, added or changed in this Article. At least (1) copy of said International Property Maintenance Code will be kept on file in the office of the City Clerk, marked or stamped “Official Copy” as incorporated by Ordinance No. 3811, with all sections or portions thereof intended to be deleted or changed clearly marked to show any deletions, additions or changes.
(a) The following appendices of the International Property Maintenance Code are hereby adopted in their entirety and are considered to be a part of this code as if they were written herein:
(1) Appendix A Boarding Standard
(b) The following sections of the International Property Maintenance Code are deleted:
(1) 111.2 Membership of board;
(2) 111.2.1 Alternate members;
(3) 111.2.2 Chairman;
(4) 111.2.4 Secretary;
(5) 111.2.6 Compensation of members;
(6) 111.3 Notice of meeting;
(7) 111.4 Open hearing;
(8) 111.4.1 Procedure;
(9) 111.5 Postponed hearing;
(10) 111.6 Board decision;
(11) 111.6.1 Records and copies;
(12) 111.6.2 Administration;
(13) 111.7Court review;
(14) 111.8 Stays of enforcement
(15) 304.14 Insect screens
(c) The following sections of the International Property Maintenance Code are amended to read as follows:
(1) [A] 101.1 Title. These regulations shall be known as the International Property Maintenance Code of Osawatomie, Kansas, hereinafter referred to as “this code.”
(2) [A] 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule. See section 1.115 of the Osawatomie Code.
(3) [A] 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 subject to penalties as prescribed by Section 1-115 of the Code of Osawatomie, Kansas. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(4) [A] 111.2 Appeals application and process. Application of an appeal and the administrative process for the appeal shall be in accordance with the requirements of Section 4.113 of this code.
(5) [A] 112 Stop Work Order. The code official is authorized to order any work being done contrary to any Article of this code or of the adopted model codes in accordance with Section 4.115 of this code.
(6) 302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in excess of 12 inches. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.
(7) Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
(8) 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1 to May 1 to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.
Exceptions:
(A) When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.
(B) In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained.
(9) 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October 1 to May 1 to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied.
Exceptions:
(A) Processing, storage and operation areas that require cooling or special temperature conditions.
(B) Areas in which persons are primarily engaged in vigorous physical activities.
(Ord. 3811)