[Ord. No. 1378 §53, 3-20-2013; Ord.
No. 1575, 12-21-2022]
A.
There
is hereby adopted the International Property Maintenance Code, 2018
Edition, to include Appendix A, published by the International Code
Council, for regulating minimum requirements and standards for premises,
structures, equipment and facilities for light, ventilation, space,
heating, sanitation, protection from the elements, a reasonable level
of safety from fire and other hazards and for a reasonable level of
sanitary maintenance of all buildings or structures in the City of
Mission, and each and all of the regulations, provisions, conditions
and terms of such International Property Maintenance Code, 2018 Edition,
on file in the office of the Building Official are hereby referred
to as the IPMC, adopted and made a part hereof as if fully set out
in this Chapter, subject only to the express amendments and deletions
provided herein.
B.
Wherever
the word "jurisdiction" is used in the International Property Maintenance
Code, adopted hereby, said term shall mean the City of Mission.
[Ord. No. 1378 §54, 3-20-2013; Ord.
No. 1575, 12-21-2022]
Any person violating any provision of such code shall be punished as provided in Section 100.100 of the Mission City Code.
[Ord. No. 1378 §55, 3-20-2013; Ord.
No. 1575, 12-21-2022]
For the purposes of the International Property Maintenance Code,
2018 Edition, as adopted, the following words and phrases shall have
the following meanings:
Section 201.3 Terms defined in other codes. Where terms are
not defined in this code and are defined in the International Building
Code, International Fire Code, International Zoning Code, International
Existing Building Code, International Plumbing Code, International
Fuel Gas Code, International Mechanical Code, National Electrical
Code or the International Residential Code, those terns shall have
the meanings ascribed to them as stated in those codes.
Section 202 General definitions - Definitions Added.
A building, the use of which is incidental to that of the
main building, and which is located on the same lot.
Approved by the Code Official.
Any structure or premises, which by reason of dilapidation,
overcrowding, lack of ventilation, light or sanitary facilities, or
any combination of these factors are detrimental to safety, health,
and morals.
The "Board of Appeals" shall in all instances mean the Board
of Code Review.
Any structure used or intended for supporting or sheltering
any use or occupancy.
The official who is charged with the administration and enforcement
of this code, or any duly authorized representative.
A self-propelled motor vehicle designed for or used for the
transportation of passengers exceeding any of the following:
The City of Mission, Kansas.
The portion of a building which is partly or completely below
grade.
To adjudge unfit for occupancy.
A space provided in a building in order to enable access
to plumbing, wiring, and other equipment.
Discarded waste and/or the remains of something broken down
or destroyed.
A private road, constructed of materials approved by the
City, giving access from a public thoroughfare to a building or buildings
on abutting grounds.
The portion of the driveway that is located within the City
right-of-way.
A large container used for storage of refuse and/or debris
until next scheduled pickup. Generally used for commercial occupancy,
but may be used for temporary residential projects.
A large container used for the storage of refuse and/or debris
for a period of time corresponding to a particular task or project.
Any building that contains one (1) or two (2) dwelling units
used, intended, or designed to be built, used, rented, leased, let
or hired out to be occupied, or that are occupied for living purposes.
Any area, which is inaccessible to the public view.
An area separated by a permanent non-flexible device to completely
conceal an element of a property from other elements or from adjacent
or contiguous property, i.e., fencing constructed so that one cannot
see the elements to be concealed.
The control and elimination of insects, rats, or other pests
by eliminating their harborage places; by removing or making inaccessible
materials that serve as their food; by poison spraying, fumigating,
trapping or by any other approved pest elimination methods.
Devices, equipment, appliances, or materials to which has
been affixed a label, seal, symbol, or other identifying mark of a
nationally recognized testing laboratory, inspection agency or other
organization concerned with product evaluation that maintains periodic
inspection of the production of above-labeled items and by whose lave
the manufacture attests to compliance with applicable nationally recognized
standards.
A line dividing one lot from another, or from a street or
any public place.
Every vehicle which is self-propelled, and every vehicle
which is propelled by electric power obtained from overhead trolley
wires but not operated upon rails, except vehicles moved solely by
human power and motorized wheelchairs. [KSA 8-2, 128(r)]
Means a motor vehicle designed or used to transport passengers
or property, if:
The vehicle has a gross vehicle weight ratio of twenty-six thousand
one (26,001) or more pounds or such lesser rating, as determined by
rules and regulations adopted by the secretary but shall not be more
restrictive than the Federal regulations.
The vehicle is designed to transport sixteen (16) or more passengers,
including the driver; or
The vehicle is transporting hazardous materials and is required
to be placarded in accordance with CFR § 172, subpart F. [KSA
8-2, 128(f)1-3 ]
Means any self-propelled or towed motor vehicle used on a
highway in interstate commerce to transport passengers or property
when the vehicle:
Has a gross vehicle weight rating or gross combination weight
rating, or gross vehicle weight or gross combination weight, of four
thousand five hundred thirty-six (4,536) kg (10,001 pounds) or more,
whichever is greater; or
Is designed or used to transport more than eight (8) passengers
(including the driver) for compensation; or
Is designed or used to transport more than fifteen (15) passengers,
including the driver, and is not used to transport passengers for
compensation; or
Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. § 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.
A vehicle which cannot be driven upon the public streets
for reason, including, but not limited to, being unlicensed, wrecked,
abandoned, in a state of disrepair, or incapable of being moved under
its own power.
A motor vehicle, as defined herein, which is required by
the State to have proper and current registration for movement upon
the public right-of-way that is maintained in an open parking area
on private property without displaying a current license from the
State.
An approved paved area located on the premises of a lot used
or intended for the use of maintaining motor vehicles which are used
in the daily routine.
An approved paved area, which is connected to the driveway
approach and is used or intended for the use of temporary and transient
parking of motor vehicles. Any public or private area, under or outside,
of a building or structure, designed and used for the parking or motor
vehicles including parking lots, garages, and legally designated areas
of public streets.
An approved paved area, which is connected to the driveway
approach and is used or intended for the use of overnight storage
of motor vehicles.
An approved paved area located on the premises of a lot used
or intended for the use of maintaining motor vehicles which are not
used in the daily routine.
An area constructed of concrete or asphalt as approved by
the City, for the purpose of parking motor vehicles.
Shall mean any person who shows an annual pattern of failing
to comply with any provision of the Municipal Code, which is demonstrated
by repeated notices of violation and orders to abate, notices sent,
or previous violations of the Municipal Code.
Any structure intended for swimming or recreational bathing
that contains water over twenty-four (24) inches deep. This includes
in-ground, above-ground, and on-ground swimming pools, hot tubs, and
spas.
A vehicle without motor power designed or used for, but not
limited to, the carrying of property, freight, or merchandise, which
is pulled by a motor vehicle.
All grasses, annual plants and vegetation, other than trees
or shrubs; provided, however, this term shall not include cultivated
flowers and gardens.
Poison ivy, poison oak, poison sumac, and plants containing
thistles or other vegetation that may raise lesions upon brief contact
by a person with the plant material or secretion from the weed or
plant.
[Ord. No. 1378 §56, 3-20-2013; Ord.
No. 1575, 12-21-2022]
The following provisions of the International Property Maintenance
Code, as adopted, shall be omitted and not applicable under this code
unless amended:
a)
103.2
Appointments.
[Ord. No. 1378 §57, 3-20-2013; Ord.
No. 1575, 12-21-2022]
The following additions shall be made:
a)
Section
101.5 of the 2012 International Property Maintenance Code is hereby
added to read as follows: 101.5 General. The Code Official or, where
appropriate, the City Council is authorized, subject to any adopted
policies or administrative rules or regulations, to take the following
actions to bring the subject property into compliance with this code
or other resolutions of the City.
b)
Those actions, include, without being limited to, abatement of the violation, vacation of the premises until the violation is corrected, prohibition of occupancy of the premises until the violation is corrected, issuance of a Notice to Appear in Court, injunctive or other relief in court, suspension or revocation of any licenses pertaining to the premises that remain in violation, and any other necessary or appropriate actions authorized by any applicable law, resolution, statute, rule or regulation. If no public necessity is found for the immediate demolition of the structure or premises, the Code Official or City Council may take such other action, including, without limitation, causing the property to be cleaned, cleared, vacated, secured or otherwise repaired or any other action deemed necessary to promote the public health, safety or general welfare. The provisions of Chapter 500, Article XIII, Enforcement, Violations And Penalties shall be made applicable to this Section and pursuant to those provisions and any other applicable laws, statutes, resolutions, rules or regulations, the property owner may be charged for the costs incurred by the City in taking any actions to abate or correct such unlawful conditions, including administrative fees, and a lien may be placed on the property for any such unpaid costs and fees. The Community Development Director shall designate the division, employee or agency of the City to enforce this code, and such designee shall, for the purposes of this code, be known as the "Code Official."
c)
The
following Section shall be added to the designated International Property
Maintenance Code, as adopted:
108.1.3 Posting structures unfit for human occupancy. The Code
Official shall cause any building or structure deemed unfit for human
occupancy to be posted at each entrance thereto with a notice reading:
|
BUILDING UNFIT FOR HUMAN OCCUPANCY
DO NOT OCCUPY
It is unlawful to occupy this building or to remove or
deface this notice
Code Official
Mission, Kansas
|
d)
New
Section 302.8.2 is added to read as follows:
302.8.2 Commercial vehicle. No person shall park or allow to
be parked a commercial vehicle upon any residential lot or premises,
improved or unimproved, in the City.
Exceptions:
1.
City-owned and operated vehicles; service vehicles owned by utility
companies while in the process of providing services or maintenance;
construction vehicles while being used in connection with construction
or maintenance authorized by the City.
2.
For the purpose of making delivery or pickup provided such vehicles
are not left continuously parked between the hours of 6:00 p.m. and
6:00 a.m. local time.
e)
New
Section 302.8.3 is added to read as follows:
302.8.3 Motor vehicles for sale. Except as provided for herein
no one with an ownership interest in a motor vehicle shall park or
allow to be parked said motor vehicle on private or public property
zoned residential, commercial, or manufacturing within view of a public
street for the purpose of selling or advertising for sale, said motor
vehicle.
Exceptions:
1.
In residential zoned properties, one (1) motor vehicle shall be allowed
to be placed on a paved area for the purpose of selling said motor
vehicle. No residential property shall be allowed more than four (4)
motor vehicles for sale in a calendar year.
2.
In commercial and manufacturing zoned properties, if a person with
an ownership interest in said motor vehicle is an employee of a business
within said property and has written permission from the property
owner to use the property for the purpose of selling or has a valid
occupational license from the City for the sale of motor vehicles
and said occupational license designating the premises involved as
the business location. Whether or not permission has been given to
park on the property is an affirmation defense, and the showing of
written permission and proof of employment meet the burden of proof.
f)
New
Section 302.8.3.1 is added to read as follows:
302.8.3.1 Prima facie evidence. The fact that a "For Sale" sign,
telephone number(s), or other advertising appears on the motor vehicle
shall be prima facie evidence that the motor vehicle is parked for
the purpose of sale.
For the purpose of this Section, if a motor vehicle has remained
on commercial or manufacturing zoned properties for a period of more
than eight (8) hours, this shall be prima facie evidence that it was
not parked for the purpose of using other facilities on the premises.
However, other evidence may be used to establish it was not parked
primarily for this purpose and it is not necessary that it be parked
for a time exceeding eight (8) hours.
g)
New
Section 302.8.4 is added to read as follows:
302.8.4 Motor vehicle encroachment. No motor vehicle shall block
or partially block any portion of a City sidewalk, located within
the City right-of-way.
h)
New
Section 302.8.5 is added to read as follows:
302.8.5 Recreational vehicles. Recreational vehicles shall not
be used for storage of materials, goods or equipment, other than those
items considered to be a part of the unit or essential to its immediate
use, nor shall they be used as dwelling units while parked in any
residential zoning district, and they shall only be connected to an
electrical power outlet or water connection for maintenance purposes
in any residential zoning district.
i)
New
Section 308.4.1 is added to read as follows:
308.4.1 Deposition in streets, streams, etc. No person shall
cart, place, sweep, throw or deposit anywhere within the City any
rubbish or garbage in any stream, lake, body of water, ravine, or
in such a manner that it may be carried or deposited by the elements
upon any street, sidewalk, alley, sewer, parkway, or other public
place or upon any occupied premises within the City.
j)
New
Section 308.4.2 is added to read as follows:
308.4.2 Refrigerator storage. No refrigerator or similar equipment
shall be stored outside the premises for more than twenty-four (24)
hours prior to pick up. All refrigerators or similar equipment must
have all doors removed before placing for pick-up. Any refrigerator
and/or freezer stored outside the premises which the doors are attached
shall be deemed an immediate hazard and shall be immediately abated
by the City. All costs associated with the abatement shall be assessed
to the property owner.
k)
New
Section 308.4.3 is added to read as follows:
308.4.3 Burning rubbish or garbage prohibited. No person shall
burn rubbish or garbage within the City limits.
l)
New
Section 308.4.4 is added to read as follows:
308.4.4 Storage and screening of trash containers and dumpsters.
All trash containers shall be stored no closer to the public streets
than the front building line; for corner lots all containers shall
be stored no closer to the public streets than the front and side
building line of the main building of any premises. In either case,
no container shall be stored in front of the main building; in addition
corner lots shall have no containers stored on the side of the main
building adjacent to the street.
Trash, garbage or rubbish shall not be allowed to accumulate
and shall be removed from the premises at a frequency no greater than
every seven (7) days.
Exception:
At 7:00 p.m. the day before scheduled pickup, during which contained
rubbish and garbage may be temporarily placed near the public street
for the purpose of pickup. Rubbish and garbage must be properly stored
no later than 7:00 p.m. the scheduled day of collection.
All rubbish and garbage dumpsters serving commercial and multi-family
residential properties, must be screened by a four-sided enclosure.
Three-sides of which will be composed of the same material and color
of the main building, with a wooden gate for access being the fourth
side. Access gates must be kept closed at all time except when filling
or emptying the dumpster.
m)
New
Section 308.4.5 is added to read as follows:
308.4.5 Accelerated abatement. Trash, debris, or any other discarded
item deposited within the public right-of-way or upon the public sidewalk,
which remains after a scheduled trash removal service shall be declared
a public nuisance and must be removed within twenty-four (24) hours
of placement.
Failure to remove the nuisance items within the twenty-four
(24) hour period will result in the City taking action to abate the
violation and assessing all costs associated with the abatement to
the property owner.
n)
New
Section 308.4.6 is added to read as follows:
308.4.6 Immediate abatement. In cases where the Code Enforcement
Officer identifies and declares an immediate hazard to the general
public or property, the City will take immediate action to abate the
violation and assess all costs associated with the abatement to the
property owner. Such hazards include but are not limited to trash,
debris blowing into the street and/or onto adjacent property, downed
tree limbs and/or trees across streets, sidewalks, rights-of-way or
utilities.
o)
New
Section 310 is added to read as follows:
310 Composting and yard waste.
310.1 General. It shall be the responsibility
of the occupant to place all yard cleanup waste, including, but not
limited to, grass clippings, leaves and tree trimmings, in biodegradable
kraft paper bags or other rigid containers not exceeding thirty-two
(32) gallons in capacity or appropriately bundled tree trimmings at
the regular collection point for collection. Containers shall be maintained
as to prevent the dispersal of waste placed therein upon the premises
served, upon adjacent premises or upon adjacent public rights-of-way.
Any composting of yard waste within the City shall be conducted behind
the rear building setback line and in a manner so as not to create
a nuisance, an offensive sight or offensive odors.
Tree trimmings less than two (2) inches in diameter shall be
securely tied in bundles not larger than forty-eight (48) inches long
and eighteen (18) inches in diameter when not placed in storage containers.
No person shall place or allow the accumulation of rubbish on
their premises unless used specifically for composting as set forth
in this Section.
310.2 Definitions. For the purpose of this
Section, certain terms, words, and phrases are defined as follows:
Compost - A mixture consisting usually of decayed organic matter
and used for fertilization and conditioning land, especially, such
a mixture produced by decomposition in a compost pile.
Compost Bin - A structure specifically built to store compost.
A compost bin may contain more than one (1) contiguous compartment
and may be constructed of a commercially available unit or a structure
made of woven wire (such as hog wire, chicken wire, chain-link), wood
slat fencing (such as snow fencing), cement blocks, bricks, or similar
material.
Compost Pile - A stack of alternating layers of organic matter
arranged so as to encourage conversion of the constituents into compost.
310.4 Composting permitted. A compost pile
shall be permitted when located on a premise used for one- and two-family
residential purposes and shall comply with the requirements of Sections
310.4.1 through 310.4.4.
310.4.1 Location on premises. Compost piles
shall be located as follows:
1. A compost pile shall be located in the rear yard and shall
be contained within an approved compost bin. No compost piles are
allowed in front or side yards.
2. A compost pile shall not be located within five (5) feet
of any property line and shall be at least sixty (60) feet from the
center of a roadway. A compost pile shall be no less than five (5)
feet from any other building or structure on the premises.
3. A compost pile shall be placed in a well-drained area with
no standing water.
310.4.2 Compost bin requirements. Only one
(1) compost bin is permitted on any residential premises. Compost
bins shall meet the following requirements.
1. A compost bin shall be no larger than six hundred (600) cubic
feet and shall not exceed four (4) feet in height.
2. A compost bin shall be so constructed as not to allow the
material within to be blown from the compost pile by wind.
3. All compost bins shall have a cover, which consists of wire
mesh or similar material.
310.4.3 Maintenance. Compost piles and bins
shall be maintained in accordance with the following:
1. All compost bins shall be maintained in good repair and structurally
sound.
2. No odor emitted from a compost pile shall be detected more
than five (5) feet in any direction from such compost pile.
3. If odors are emitted and detectable greater than five feet
in any direction, then action shall be taken by the person maintaining
the compost pile to eliminate such odor. Such action, may include,
but not be limited to:
a. Adding lime to the compost pile;
b. Mixing or turning the compost pile more frequently; and/or
c. Regulating the moisture content of the compost pile.
310.4.4 Contents of compost piles. Compost
piles may contain any or all of the following:
1. Grass clippings;
2. Leaves;
3. Dead limbs;
4. Brush;
5. Logs;
6. Wood chips;
7. Foliage;
8. Vegetation from gardens;
9. Shrub cuttings;
10. Sod;
11. Soil;
12. Hay;
13. Straw;
14. Weeds; and
15. Sawdust.
p)
Violations.
i)
Unlawful acts. It shall be unlawful for any person, firm or corporation
to be in conflict with or in violation of any of the provisions of
the property maintenance code adopted in this Chapter.
ii)
Violation; penalties. Any person who violates a provision of the property maintenance code adopted in this Chapter or fails to comply with any order made thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such order as affirmed or modified by the City Council, or by a court of competent jurisdiction, within the time fixed herein, shall severally, for each and every such violation and non-compliance respectively, be guilty of a misdemeanor, punishable as provided in Section 100.100 of the Mission Municipal Code. The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violation or defect within a reasonable time; and, when not otherwise specified, each day that a prohibited condition is maintained shall constitute a separate offense. In the case of a "perennial violator," a citation/summons to municipal court may accompany the initial violation notice and order to abate.
[Ord. No. 1378 §58, 3-20-2013; Ord.
No. 1575, 12-21-2022]
The following amendments shall be made:
a)
Amend
Section 101.1 of the IPMC to read as follows:
101.1 Title. These regulations shall be known as the Property
Maintenance Code of the City of Mission, Kansas, hereinafter referred
to as "this code" or "IPMC."
b)
Amend
Section 102.3 of the IPMC to read as follows:
102.3 Application of other codes. Repairs, additions or alterations
to a structure, or changes of occupancy, shall be done in accordance
with the procedures and provisions of the 2018 International Building
Code, 2018 International Residential Code, 2018 International Plumbing
Code, 2018 International Mechanical Code, 2018 International Fuel
Gas Code, and the NFPA 70 National Electrical Code, 2017 Edition.
Where the term ICC Electrical Code is used in other portions
of this code, the term shall be used synonymously with the term "NFPA
70 National Electrical Code, 2017 Edition."
c)
Amend
Section 103.5 of the IPMC to read as follows:
103.5 Fees. The fees for activities and services performed by
the department in carrying out its responsibilities under this code
shall be in accordance with the fee schedule as adopted by the City
Council.
d)
Amend
Section 302.3 of the IPMC to read as follows:
302.3 Sidewalks and driveways. All sidewalks, walkways, stairs,
driveways, parking spaces and similar areas shall be kept in a proper
state of repair and maintained free from hazardous conditions. Existing
gravel driveways and parking areas shall conform to the following
standards:
1.
Boundaries must be kept defined and provide means of maintaining
gravel within perimeters;
2.
Gravel must completely cover surface area of drive;
3.
Acceptable gravel will be limited to crushed or naturally occurring
rock of one (1) inch nominal diameter or less;
4.
Grass and other vegetation growth must be eliminated;
5.
Gravel drives or parking areas may not be expanded or newly built;
6.
In the event a structure is demolished or destroyed and rebuilt,
all drives and/or parking areas must be brought into compliance with
all current zoning and development standards.
e)
Amend
Section 304.14 of the IPMC as follows:
304.14 Insect Screens. During the period from March 1 to October
31, 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 not less than
16 mesh per inch (16 mesh per 25 mm) and every swinging door shall
have a self-closing device in good working condition.
f)
Amend
Section 602.3 of the IPMC as follows:
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 April
1 to maintain a temperature of not less than 68 degrees F. (20 degrees
C.) in all habitable rooms, bathrooms, and toilet rooms.
Exception: 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.
g)
Amend
Section 602.4 of the IPMC as follows:
602.4 Occupiable work spaces. Indoor occupiable work spaces
shall be supplied with heat during the period from October 1 to April
1 to maintain a temperature of not less than 65 degrees Fahrenheit
(18 degrees Celsius) during the period the spaces are occupied.
Exceptions:
h)
Amend
Section 604.2 of the IPMC as follows:
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. Dwelling units shall
be served by a three-wire, 120/240 volt, and single-phase electrical
service having a rating of not less than one hundred (100) amperes.
Alternate service configurations may be approved by the Building Official.
