There is hereby adopted and incorporated by reference the International Property Maintenance Code, 2018 Edition, as published by the International Code Council, is hereby adopted as the Property Maintenance Code of the City of Chapman, in the State of Kansas for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all regulations, provisions, penalties, conditions and terms of said International Property Maintenance Code on file in the office of the City of Chapman are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletion and changes, if any, prescribed elsewhere in this article.

(Ord. 998; Ord. 999; Ord. 1003; Ord. 1077)

The International Property Maintenance code, adopted by Section 4-1601, is hereby changed, altered, modified and otherwise amended as follows:

(1)   Section 101.1 of the International Property Maintenance Code is hereby changed to read as follows

Section 101.1Title. These regulations shall be known as the International Property Maintenance Code of the City of Chapman, Kansas, hereinafter referred to as the International Property Maintenance Code or “this code.”

(2)   Section 102.3 of the International Property Maintenance Code is hereby changed to read as follows:

Section 102.3 Application of other codes. Repairs, alterations, additions to a structure, or changes of occupancy, shall be done in accordance with the International Building, Residential, Plumbing, Mechanical, Fuel Gas, Existing Building or National Electrical Codes as applicable and as adopted by the City of Chapman, Kansas.

(3)   Section 103 of the International Property Maintenance Code is hereby deleted in its entirety.

(4)   Section 106.3 of the International Property Maintenance Code is hereby changed to read as follows:

Section 106.3 Prosecution of violation. A person who fails to comply with a notice of violation served in accordance with Section 107, shall be guilty of a class C misdemeanor and, if convicted, may be punished with a fine of up to $500 and/or 30 days in jail. A violation of this chapter shall be deemed a strict liability offense. Abatement of a violation by the code official shall not be a defense or excuse to a violation. The pendency of an administrative hearing pursuant to any city code shall not be a defense to a violation or prevent prosecution and adjudication in municipal court.

(5)   Section 106.4 of the International Property Maintenance Code is hereby changed to read as follows:

Section 106.4 Violation Penalties. There shall be an administrative monetary penalty of $100.00 imposed on the owner or, in the case of inoperative vehicles, the vehicle owner for each violation of this chapter that remains uncorrected after the time period stated in the notice of violation has elapsed. The administrative monetary penalty for a second or subsequent violation for which an administrative penalty has been imposed under this chapter that remains uncorrected after the time period stated in the notice of violation has elapsed for the same property within 12 months of the same or substantially same violation shall be $200.00.

(6)   Section 106.5 of the International Property Maintenance Code is hereby changed to read as follows:

106. 5 Abatement of violation.

1.    Abatement. Upon the expiration of the compliance period stated in the notice of violation, the code official shall inspect the property. The code official may grant an extension of time if the owner demonstrates that due diligence is being exercised in abating the violation. If the owner has failed to comply within the compliance period, has failed to timely request an appeal hearing or, in the case of an unsafe structure, failed to appear at a hearing, the code official may abate the violation and assess the costs against the owner. If the costs are not paid within 30 days, the cost can be collected pursuant to K.S.A. 12-1,115 and amendments thereto and/or charged against the property pursuant to K.S.A. 12-1617e, K.S.A. 12-1617f, K.S.A. 12-1755, or K.S.A. 17-4759 and amendments thereto.

2.    Fees. The costs incurred by the city for abatement, including any administrative costs, shall be paid by the owner or, in the case of inoperative vehicles, the vehicle owner. The administrative costs shall be:

(7)   Section 107.2 of the International Property Maintenance Code is hereby changed to read as follows:

107.2 Form. The notice prescribed in Section 107.1 shall include the following:

1.    Description of the real estate sufficient for identification.

2.    A statement that includes a description of the conditions and identifies violations.

3.    A statement of the correction action necessary and a reasonable time to complete the action. A reasonable time shall not exceed 60 calendar days.

4.    A statement that if the violation(s) is not corrected within the compliance period, the city may impose administrative penalties, abate the violation, and assess the costs against the owner.

5.    A statement advising that any owner may request an appeal hearing before an administrative hearing officer. The request shall be submitted to the code official within 10 calendar days from the date of service. Failure to timely request a hearing will allow the city to impose administrative penalties, abate the violation, and assess the costs against the owner. The scope of the appeal shall be limited to the following:

(i)    whether the provisions of the IPMC apply;

(ii)   whether the code official has correctly interpreted the IPMC; and/or

(iii)  whether the requirements of the IPMC can be adequately satisfied by other means.

6.    A statement advising that failure to timely comply with the notice may result in prosecution in municipal court regardless whether an administrative hearing is pending.

7.    If code official has determined that the structure is unsafe pursuant to Section 108, the notice shall state that a hearing will be held before the administrative hearing officer not less than 10 calendar days nor more than 30 calendar days after service of the notice.

(8)   Section 107.3 of the International Property Maintenance Code is hereby changed to read as follows:

107.3 Method of Service. Notice shall be served in one of the following manners:

1.    Personal service.

2.    Certified mail, return receipt requested. Service shall be effective on the date of receipt.

3.    If the property is unoccupied and the owner is a nonresident, certified mail, return receipt requested, to the last known address.

4.    If the location of a person is unknown or if no address is available after diligent effort, then a copy of the notice shall be posted in a conspicuous place on the premises and published once in the official city newspaper. The failure of any such person to receive notice shall not affect the validity of any proceedings.

5.    If the code official has determined that a structure is unsafe pursuant to Section 108 and the whereabouts of the owner are unknown and cannot be ascertained in the exercise of reasonable diligence, the code official may affect service by publishing the notice once each week for two consecutive weeks in the official city newspaper. A copy of the notice shall also be posted in a conspicuous place on the premises. (Deleted “and a copy of the notice shall be filed with the register of deeds and the clerk of the district court of Dickinson County.”)

6.    In addition to the methods identified in this section, the code official may provide notice by other methods, including, but not limited to, door hangers, conspicuously posting notice on the property, personal notification, telephone or email communication, or first-class mail.

7.    As authorized by K.S.A. 12-1617f, the code official may provide a one-time yearly written notice by mail or personal service to the owner or occupant which will permit subsequent abatement mowings without any additional notice. The notice shall also include a statement that no further notice shall be given prior to cutting or removing weeds.

       Service of Notice. The notice shall be served upon the owner of record, and one copy shall be served on each of the following, if known or available from public records:

1.    The holder of any mortgage, deed of trust, lien, or encumbrance; and

2.    The holder of any other estate or legal interest of record.

       The failure of the code official to serve any person shall not invalidate any proceedings hereunder as to any other person duly served or relieve such person from any duty or obligation. If the code official has determined that a structure is unsafe pursuant to Section 108, the notice shall also be served on any occupant who can be ascertained.

       Proof of Service. Proof of service of the notice shall be certified at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice retained by the code official.

(9)   New Section 108.1.4(a) of the International Property Maintenance Code is hereby added to read as follows:

108.1.4(a) Prohibiting use of storage container for human occupancy or as a dwelling. Any structure designed or constructed as a shipping or storage container shall be prohibited for human occupancy or as a dwelling regardless of structural alterations.

(10) Section 109.1 of the International Property Maintenance Code is hereby changed to read as follows:

Section 109. Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials including major sewage backups, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe And Its Occupancy Has Been Prohibited By The Code Official.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.

(11) Section 109.5 of the International Property Maintenance Code is hereby deleted in its entirety.

(12) Section 109.6 of the International Property Maintenance Code is hereby deleted in its entirety.

(13) Section 110.1 of the International Property Maintenance Code is hereby changed to read as follows:

110.1 General. The code official shall order the owner of any premises upon which is located any structure, which in the code official’s judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the code official shall order the owner to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the code official. In this section, “unreasonable to repair” means that the repair costs exceed 30% of the replacement value of the structure as established by the Dickinson County Appraiser.

(14) Section 111.1 of the International Property Maintenance Code is hereby changed to read as follows:

111.1     Administrative Appeal Hearing. An owner shall have the right to appeal the notice of violation to an administrative hearing officer provided that a written application is submitted to the code official within 10 calendar days from the date of service. An application for an appeal hearing shall be based on a claim that:

1.    The code official has incorrectly interpreted the International Property Maintenance Code, as adopted; and/or

2.    The requirements of the International Property Maintenance Code, as adopted, can be adequately satisfied by other means.

       The owner may not appeal a requirement imposed by the International Property Maintenance Code, as adopted. The intent of the appeal process is not to waive or set aside a requirement; it is to provide a means of reviewing a code official’s decision on an interpretation or application of the International Property Maintenance Code, as adopted, or reviewing a code official’s decision to approve or reject the equivalency of protection to the International Property Maintenance Codes, as adopted, requirement.

       The administrative hearing officer shall schedule a hearing within three working days of receipt of the hearing request. Written notice of the hearing date and time shall be provided to the person requesting the hearing by first class mail. The hearing officer may continue the hearing to a later time.

       The administrative hearing officer shall review the notice of violation and all relevant information. If the hearing officer determines that:

1.    The provisions of the International Property Maintenance Code, as adopted, apply;

2.    The code official has correctly interpreted the International Property Maintenance Code, as adopted; and/or

3.    The requirements of the International Property Maintenance Code, as adopted, cannot be adequately satisfied by other means, the hearing officer shall order abatement of the violation, impose an administrative penalty, and assess the abatement costs against the owner.

(15) Section 111.2 of the International Property Maintenance Code is hereby changed to read as follows:

111.2     Administrative Hearing; Unsafe Structure. After notice and hearing, if the administrative hearing officer determines that a structure is unsafe pursuant to Section 108, the administrative hearing officer shall state in writing the findings of facts in support of such determination and shall issue and cause to be served upon the owner an order:

1.    To demolish and remove the structure within a prescribed period; or

2.    If the structure is capable of being made safe by repairs, to repair and make safe and sanitary within a prescribed period.

       The administrative hearing officer may grant an extension of time where the administrative hearing officer finds that there is practical difficulty or undue hardship and that such extension is in harmony with the general purpose of this chapter to secure compliance with the International Property Maintenance Code, as adopted.

(16) Section 112.2 of the International Property Maintenance Code is hereby changed to read as follows:

111.2 Administrative Hearing; Unsafe Structure. After notice and hearing, if the administrative hearing officer determines that a structure is unsafe pursuant to Section 108, the administrative hearing officer shall state in writing the findings of facts in support of such determination and shall issue and cause to be served upon the owner an order:

(17) Section 112.4 of the International Property Maintenance Code is hereby changed to read as follows:

Section 112.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not more than five hundred dollars ($500.00) or imprisonment for a term not to exceed one hundred eighty (180) days, or by both fine and imprisonment, at the discretion of the court. Each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.

(18) Section 202 of the International Property Maintenance Code is hereby changed to add the following definition:

Family. Either (a) an individual or two (2) or more persons related by blood, marriage, or adoption, or under foster care established by governmental action, living together as a single housekeeping unit; or (b) a group of not more than four (4) persons some of which are not related by blood, marriage or adoption, living together as a single housekeeping unit. There shall be a rebuttable presumption that five (5) or more people living together as a single housekeeping unit are not a family.

(19) Section 202 of the International Property Maintenance Code is hereby changed to amend the following definition:

Dwelling Unit: A single unit providing complete, independent living facilities for one (1) family, including permanent provisions for living, sleeping, eating, cooking and sanitation.

(20) Section 202 of the International Property Maintenance Code is hereby changed to amend the following definition:

Rubbish. Combustible and noncombustible waste materials, except garbage. The term shall include but not be limited to: trash, junk, metal objects, plumbing fixtures, appliances, auto parts, tires, fencing, lumber, discarded or broken furniture, clothing, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, glass, crockery or the accumulation of any other similar materials.

(21) Section 302.4 of the International Property Maintenance Code is hereby changed to read as follows:

302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of ten (10) inches in height. All 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. Upon failure of the owner or agent having charge of the property to comply with this section after service of a notice of violation, the person may be subject to prosecution in accordance with Section 106.3. Upon failure to comply with the notice, the city or its contractor may enter upon the property to remove or destroy the weeds and/or vegetation and assess the costs against the owner.

(22) Section 302.14 of the International Property Maintenance Code is hereby changed to read as follows:

304.14 Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per inch).

(23) Section 304.18.1 of the International Property Maintenance Code is hereby changed to read as follows:

Section 304.18.1 Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with section 702.3.

(24) Section 308.2 of the International Property Maintenance Code is hereby changed to read as follows:

308.2 Disposal of rubbish. Every occupant of a structure shall dispose of rubbish by depositing it in tight receptacles.

1.    It shall be the duty of every owner, occupant, lessee or agent of or for any property within the limits of the city to provide tight receptacles in which to place or deposit all garbage, rubbish, filth, waste, refuse or any other matter. Such tight receptacles shall be containers which are impermeable by water and air. Any plastic bags used to hold garbage, rubbish, filth, waste, refuse or any other matter shall be placed in a tight receptacle except plastic bags holding leaves, weeds or grass cuttings.

2.    It shall be the duty of the owner, occupant, lessee or agent of or for the property to remove or cause to be removed the plastic bags holding leaves, weeds or grass cuttings and the contents of the tight receptacles when the receptacles become full or the contents become unsanitary. Further, it shall be unlawful for the owner, occupant, lessee or agent of or for any property to fail, neglect or refuse to remove the plastic bags holding leaves, weeds or grass cuttings and/or the contents of the tight receptacles when the receptacles become full or the contents thereof become unsanitary, or when notified by the codes enforcement official to do so.

3.    All receptacles containing matter or anything whatever which is dangerous or detrimental to the public health shall be provided with flyproof covers, and it shall be unlawful for any person to deposit any of the matter designated in this section in a receptacle in the city unless such receptacle is provided with a flyproof cover.

(25) Section 308.2.1 (Rubbish Storage Facilities) of the International Property Maintenance Code is hereby deleted in its entirety.

(26) Section 308.3 of the International Property Maintenance Code is hereby changed to read as follows:

308.3 Disposal of Garbage. Every occupant of a structure shall dispose of garbage in accordance with Section 308.2

(27) Section 308.3.1 (Garbage Facilities) of the International Property Maintenance Code is hereby deleted in its entirety.

(28) Section 308.3.2 (Containers) of the International Property Maintenance Code is hereby deleted in its entirety.

(29) Section 309.3 of the International Property Maintenance Code is hereby changed to read as follows:

309.3 Single occupant. The occupant of a one-family dwelling or of a single tenant nonresidential structure shall be responsible for extermination on the premises after 30 days of occupancy.

(30) Section 402.1 of the International Property Maintenance Code is hereby changed to read as follows:

Section 402.1 Habitable Spaces. Every habitable space shall have at least one (1) window of approved size facing directly to the outdoors or to a court. The minimum total window area, measured between stops, for every habitable space shall be five (5) square feet, except when artificial light and ventilation may be provided in accordance with the provisions of the building or residential code. Whenever walls or other portions of a structure face a window of any room and such obstructions are located less than three (3) feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room.

(31) Section 402.2 of the International Property Maintenance Code is hereby changed to read as follows:

Section 402.2 Common halls and stairways. Every common hall and stairway, other than in one and two-family dwellings, shall be capable of being lighted at all times with at least a 60-watt standard incandescent light bulb or equivalent (sufficient natural light shall serve as an equivalent) for each 200 square feet (19 square meters) of floor area, provided that the spacing between lights shall not be greater than 30 feet (9,144 mm). Every exterior stairway shall be illuminated with a minimum of one foot candle (11 lux) at floors, landings, and treads.

(32) Section 404.2 of the International Property Maintenance Code is hereby changed to read as follows:

Section 404.2 Minimum room widths. A habitable room, other than a kitchen, shall not be less than 7 feet (2,133mm) in any plan dimension, Kitchens shall have a clear passageway of not less than 2 feet (762mm) between counter fronts and appliances or counter fronts and walls.

(33) Section 404.3 of the International Property Maintenance Code is hereby changed to read as follows:

Section 404.3 Minimum Ceiling Heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than 7 feet (2134 mm).

Exceptions:

1.    Beams, girders or similar obstructions spaced not less than 4 feet on center and projecting not more than 6 inches below the required ceiling height.

2.    Basement rooms having a ceiling height of not less than 6 feet 8 inches with not less than 6 feet 4 inches of clear height under beams, girders, ducts and similar obstructions.

3.    Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least 7 feet over not less than one third of the minimum required floor area. In calculating the floor area of such rooms, only those portions of the floor area with a ceiling height of at least 5 feet or more shall be included.

(34) Section 404.4,1 of the International Property Maintenance Code is hereby changed to read as follows:

Section 404.4.1 Room Area. Every habitable room shall contain at least 70 square feet.

(35) Section 404.5 of the International Property Maintenance Code is hereby changed to read as follows:

Section 404.5 Overcrowding. The number of persons occupying a dwelling unit shall not create conditions that, in the opinion of the code official, endanger the life, health, safety or welfare of the occupants.

(36) Sections 404.5.1 and 404.5.2 of the International Property Maintenance Code are hereby deleted.

(37) Section 506.3 of the International Property Maintenance Code is hereby deleted.

(38) Section 602.2 of the International Property Maintenance Code is hereby changed to read as follows:

602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating.

(39) Section 602.3 of the International Property Maintenance Code is hereby changed to read as follows:

Section 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guest room on terms, either express or implied, to furnish heat to the occupants thereof shall supply sufficient heat during the period from October I to May 15 to maintain a room temperature of not less than 65 degrees Fahrenheit (18 degrees Celsius) in all habitable rooms, bathrooms and toilet rooms during the hours between 6:30 a.m. and 10:30 p.m. of each day and not less than 60 degrees Fahrenheit (16 degrees Celsius) during other hours. The temperature shall be measured at a point 3 feet (914mm) above the floor and 3 feet (914mm) from the exterior walls.

(40) Section 602.4 of the International Property Maintenance Code is hereby changed to read as follows:

Section 602. 4 Occupiable work spaces. Every enclosed occupied work space shall be supplied with sufficient heat during the period from October 1 to May 15 to maintain a temperature of not less than 65 degrees Fahrenheit (18 degrees Celsius) during all working hours. The temperature shall be measured at a point 3 feet (914 mm) above the floor and 3 feet (914 mm) from the exterior walls.

Exceptions:

1.    Processing, storage and operation areas that require cooling or special temperature conditions.

2.    Areas in which persons are primarily engaged in vigorous physical activities.

(41) Section 604.2 of the International Property Maintenance Code is hereby changed to read as follows:

Section 604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the National Electrical Code as adopted in Article 3, Section 4-302. Dwelling units shall be served by a three wire, 120/240 volt, single phase electrical service having a rating of not less than 60 amperes.

(42) Section 605.2 of the International Property Maintenance Code is hereby changed to read as follows:

605.2 Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. All kitchen countertop receptacles and all bathroom receptacles are required to be a receptacle with a ground fault circuit interrupter. All receptacle outlets shall have the appropriate faceplate cover for that location.

(43) Section 702.4 of the International Property Maintenance Code is hereby changed to read as follows:

Section 702.4 Emergency escape openings. Every sleeping room located in a basement in an occupancy in Use Group 1-1 or R shall have at least one openable window or exterior door approved for emergency egress or rescue; or shall have access to not less than two approved independent exits.

Exception:

1.    Buildings equipped throughout with an automatic fire suppression system may have fixed windows in accordance with the International Building Code as adopted by the City of Chapman.

2.    An approved emergency escape or rescue window shall have a minimum clear opening width and height of 18 inches, a minimum total clear openable area of 4 square feet, and a maximum sill height above floor level of 48 inches. Permanently installed step(s) may be used to attain maximum sill height. Such step(s) must have a minimum tread of 12 inches and a maximum riser height of 16 inches. Emergency escape or rescue windows wells shall be a minimum of 24 inches measured from the exterior wall of the structure to the inside of the well and shall be at least as wide as the window.

(44) Section 703.3 of the International Property Maintenance Code is hereby changed to read as follows:

Section 703.3 Maintenance. The required fire-resistance rating of fire-resistance rated construction, including walls, firestops, shaft enclosures, partitions, smoke barriers, floors, fire-resistive coatings, and spray applied fire-resistant materials applied to structural members and joint systems, shall be maintained.

(45) Section 704.2.1.3 of the International Property Maintenance Code is hereby changed to read as follows:

Section 704. 2.1.3 Installation near cooking appliances and bathrooms. Newly installed or battery powered replacement smoke detectors shall not be installed within 20 feet of a cooking appliance or within 3 feet of the opening of a bathroom that contains a tub or shower unless either would prevent placement of a smoke alarm required by this code.

(46) Section 704.6.1.4 of the International Property Maintenance Code is hereby deleted.

(Ord. 998; Ord. 999; Ord. 1003; Ord. 1077)