Chapter 15.10 PROPERTY MAINTENANCE CODE

The 2006 International Property Maintenance Code copyrighted in 2006 by the International Code Council, Incorporated (hereafter referred to as the “IPMC”) as attached to the ordinance codified in this chapter is hereby adopted with the modifications, deletions and amendments as provided for in this chapter. The code shall be codified as Chapter 15.10 to the Prosser Municipal Code. (Ord. 2603 § 1, 2008).

15.10.020 Intent.

The city council by adopting the IPMC intends to regulate and govern 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. The council also intends to provide for the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such existing structures as herein provided. The council also intends to provide for the issuance of permits and collection of fees therefor. (Ord. 2603 § 2, 2008).

15.10.030 IPMC Section 101.1 amended.

Section 101.1 of the IPMC is hereby amended to read as follows:

101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Prosser, Washington, hereinafter referred to as “this code.”

(Ord. 2603 § 3, 2008).

15.10.040 IPMC Section 102.3 amended.

Section 102.3 of the IPMC is hereby amended 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 ordinances of the City of Prosser, Washington, including but not limited to the International Building Code, the International Residential Code, the Uniform Plumbing Code, and International Mechanical Code, all as amended by Prosser Municipal Code Chapter 15.04.

(Ord. 2603 § 4, 2008).

15.10.050 IPMC Section 103.1 amended.

Section 103.1 of the IPMC is hereby amended to read as follows:

103.1 General. The Building Department shall be responsible for enforcement of the provisions of this code. The Chief Building Official hereafter referred to as the “code official” is the officer designated to implement and enforce the provisions of this code.

(Ord. 2603 § 5, 2008).

15.10.060 IPMC Section 103.2 amended.

Section 103.2 of the IPMC is hereby amended to read as follows:

103.2 Appointment. The code official shall be appointed in accordance with PMC Chapter 2.01.

(Ord. 2603 § 6, 2008).

15.10.070 IPMC Section 103.3 amended.

Section 103.3 of the IPMC is hereby amended to read as follows:

103.3 Deputies. The code official, with the concurrence of the Mayor, shall have the authority to appoint deputies and other related technical officers, inspectors, and other employees.

(Ord. 2603 § 7, 2008).

15.10.080 IPMC Section 103.5 amended.

Section 103.5 of the IPMC is hereby amended to read as follows:

103.5 Fees. The City Council shall adopt a resolution establishing the amount of the fees for activities and services performed by the Building Department in carrying out its responsibilities under this code.

(Ord. 2603 § 8, 2008).

15.10.090 IPMC Sections 106.1, 106.2, 106.4, and 106.5 deleted and replaced.

Sections 106.1, 106.2, 106.4, and 106.5 of the IPMC are hereby deleted and replaced as follows:

106.1 Violations. Failure to comply with, or to be in conflict with any of the provisions of this code either by act or by failure to act, shall be a violation of this code. Violations of this code shall be prosecuted in accordance with the provisions of Prosser Municipal Code Chapter 1.40.

106.2 In addition to and not in the way of limitation of section 106.1, the code official may use the procedures set forth in sections 107 through section 111 of this code to enforce violations of this code.

(Ord. 2603 § 9, 2008).

15.10.100 IPMC Section 107.1 amended.

Section 107.1 of the IPMC is hereby amended to read as follows:

107.1 Notice to person responsible. When the code officer elects to use the procedures available under sections 108, 109, and 110 of this code in addition to, or instead of, the remedies available in section 106 of this code to remedy a violation of this code, and he has reasonable grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3.

(Ord. 2603 § 10, 2008).

15.10.110 IPMC Section 107.4 amended.

Section 107.4 of the IPMC is hereby amended to read as follows:

107.4 Penalties. Except as otherwise provided for in this code, penalties for noncompliance with notices and orders issued pursuant to enforce sections 108, 109, and 110 of this code shall be as provided for in Prosser Municipal Code Section 1.40.040(A)(3). After a civil infraction is entered as having been committed in the Court records, the City may also use the abatement procedures available in Title 1.40 to abate the violation, in addition to the abatement procedures available in this code to remedy the noncompliance with the notices and orders issued pursuant to sections 108, 109 and 110.

(Ord. 2603 § 11, 2008).

15.10.120 IPMC Section 108.4.1 amended.

Section 108.4.1 of the IPMC is hereby amended to read as follows:

108.4.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be guilty of a gross misdemeanor punishable by a fine not to exceed five thousand dollars or confinement for one year in jail or both such fine and confinement in jail.

(Ord. 2603 § 12, 2008).

15.10.130 IPMC Section 108.5 amended.

Section 108.5 of the IPMC is hereby amended to read as follows:

108.5 Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be guilty of a gross misdemeanor punishable by a fine not to exceed five thousand dollars or confinement for one year in jail or both such fine and confinement in jail.

(Ord. 2603 § 13, 2008).

15.10.140 IPMC sections added under IPMC Section 109.1.

The following new sections are hereby added following and under 109.1 of the IPMC as follows:

109.1.1 Notice Removal. The code official shall remove the notice whenever the defect or defects upon which the notice was based have been eliminated. Any person who defaces or removes a notice without the approval of the code official shall be guilty of a gross misdemeanor punishable by a fine not to exceed five thousand dollars or confinement for one year in jail or both such fine and confinement in jail.

109.1.2 Prohibited Occupancy. Any occupied structure noticed by the code official as provided for in section 109.1 shall be vacated as ordered by the code official. Any person who shall occupy a noticed premises, and any owner or any person responsible for the premises who shall let anyone occupy a noticed premises shall be guilty of a gross misdemeanor punishable by a fine not to exceed five thousand dollars or confinement for one year in jail or both such fine and confinement in jail.

(Ord. 2603 § 14, 2008).

15.10.150 IPMC Section 109.6 deleted.

Section 109.6 of the IPMC is deleted in its entirety. (Ord. 2603 § 15, 2008).

15.10.160 IPMC Section 111.1 amended.

Section 111.1 of the IPMC is hereby amended to read as follows:

111.1 Application for appeal. Any person directly affected by a decision by the code official to enforce sections 108, 109, and 110 of this code may appeal such decision directly to the Benton County Superior Court pursuant to the provisions of the Land Use Petition Act contained in the Revised Code of Washington 43.21C as now codified or as hereafter amended.

(Ord. 2603 § 16, 2008).

15.10.170 IPMC Sections 111.2 through 111.8 deleted.

Sections 111.2 through 111.8 of the IPMC are hereby deleted in their entirety. (Ord. 2603 § 17, 2008).

15.10.180 IPMC Section 201.3 amended.

Section 201.3 of the IPMC is hereby amended to read as follows:

201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the codes adopted in Title 15, such terms shall have the meanings ascribed to them as stated in that Title.

(Ord. 2603 § 18, 2008).

15.10.190 IPMC Section 302.4 amended.

Section 302.4 of the IPMC is hereby amended to read as follows:

302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds, including but not limited to such weeds identified by the Benton County Noxious Weed Control Board, shall be prohibited. Weeds shall be defined as all grasses, annual plants, and vegetables, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.

Exemption: Weed height restrictions shall not apply on unimproved property which both remains in its native state and is zoned Urban Reserve District (UR).

(Ord. 2603 § 19, 2008).

15.10.200 IPMC Section 302.9 amended.

Section 302.9 of the IPMC is hereby amended to read as follows:

302.9 Defacement of Property. No person shall willfully or wantonly damage, mutilate, or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. Section 106 shall not apply to persons who so damage, mutilate or deface a structure or a building, rather such person shall be prosecuted for malicious mischief pursuant to Chapter 9.01 of the Prosser Municipal Code.

It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. In the event that the person or persons who caused the need for repair are convicted of malicious mischief, then the owner may submit a request for restitution for such expenses to the City Prosecutor within 60 days of the person’s or persons’ conviction.

(Ord. 2603 § 20, 2008).

15.10.210 IPMC Section 303.2 exception amended.

The exception under Section 303.2 of the IPMC is hereby amended to read as follows:

Exception: Spas or hot tubs with an approved safety cover shall be exempt from the provisions of this section.

(Ord. 2603 § 21, 2008).

15.10.220 IPMC Section 304.14 amended.

Section 304.14 of the IPMC is hereby amended to read as follows:

304.14 Insect screens. If insect screens are installed on or over the openings of a structure or building, then they shall be maintained in a good state of repair.

(Ord. 2603 § 22, 2008).

15.10.230 IPMC Section 505.1 amended.

Section 505.1 of the IPMC is hereby amended to read as follows:

505.1 General. Every sink, lavatory, bathtub, shower, drinking fountain, water closet, or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs, and showers shall be supplied with hot or tempered and cold running water in accordance with the Uniform Plumbing Code as adopted in PMC Chapter 15.04.

(Ord. 2603 § 23, 2008).

15.10.240 IPMC Section 602.2 amended.

Section 602.2 of the IPMC is hereby amended 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 based on the winter outdoor design temperature for the locality indicated in the Uniform Plumbing Code as adopted in PMC Chapter 15.04.

Exception: In areas where the average monthly temperature is above 30° F (-1° C), a minimum temperature of 65° F (18° C) shall be maintained.

(Ord. 2603 § 24, 2008).

15.10.250 IPMC Section 602.3 amended.

Section 602.3 of the IPMC is hereby amended to read 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 May 1, to maintain a temperature of not less than 68° F (20° C) in all habitable rooms, bathrooms, and toilet rooms.

Exceptions:

1. 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 the Uniform Plumbing Code.

2. In areas where the average monthly temperature is above 30° F (-1° C) a minimum temperature of 65° F (18° C) shall be maintained.

(Ord. 2603 § 25, 2008).

15.10.260 IPMC Section 602.4 amended.

Section 602.4 of the IPMC is hereby amended to read as follows:

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 temperature of not less than 65° F (18° C) during the period the spaces are occupied.

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.

(Ord. 2603 § 26, 2008).

15.10.270 IPMC Section 604.1 amended.

Section 604.1 of the IPMC is hereby amended to read as follows:

604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the statutes, rules, and regulations of the State of Washington as now codified or as hereafter amended.

(Ord. 2603 § 27, 2008).

15.10.280 IPMC Sections 604.2 and 604.3 deleted.

Sections 604.2 and 604.3 are deleted in their entirety. (Ord. 2603 § 28, 2008).

15.10.290 IPMC Section 605.1 amended.

Section 605.1 of the IPMC is hereby amended to read as follows:

605.1 Installation. All electrical equipment, wiring, and appliances shall be properly installed and maintained in a safe and approved (by the State) manner.

(Ord. 2603 § 29, 2008).

15.10.300 IPMC Section 606.1 amended.

Section 606.1 of the IPMC is hereby amended to read as follows:

606.1 General. Elevators, dumbwaiters, and escalators shall be maintained in compliance with all State, Federal, and City regulations applicable to the installation and maintenance of such devices.

(Ord. 2603 § 30, 2008).

15.10.310 References in IPMC Chapter 8 table deleted.

All references to the following in the table contained in Chapter 8 of the IPMC are hereby deleted: ASME, ASTM, International Electrical Code, International Plumbing Code, and International Zoning Code. (Ord. 2603 § 31, 2008).

15.10.990 Severability.

The provisions of this chapter are hereby declared to be severable. If any section, subsection, sentence, clause, or phrase of this chapter or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of this chapter shall not as a result of said section, subsection, sentence, clause, or phrase be held unconstitutional or invalid. (Ord. 2603 § 32, 2008).