The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/21/2008 - ITEMS RELATING TO THE ADOPTION OF THE 2006 INTERNA ITEM NUMBER: 31 AGENDA ITEM SUMMARY DATE: October 21, 2008 FORT COLLINS CITY COUNCIL STAFF: Felix Lee Mike Gebo Teresa Ablao SUBJECT Items Relating to the Adoption of the 2006International Property Maintenance Code(IPMQ(&with Local Amendments Relating to Existing Building Conditions and Rental Housing Standards. RECOMMENDATION Staff recommends adoption of this Ordinance on Second Reading. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 108, 2008, Amending Chapter 5, Article II, Division 3, of the City Code for the Purpose of Adopting the 2006International Property Maintenance Code (IPMQ8, with Amendments. B. Second Reading of Ordinance No. 109,2008, Amending Chapter 5,Article VI, Division 2, of the City Code Relating to Supplemental Rental Housing Provisions. Ordinance No. 108, 2008, unanimously adopted on First Reading on October 7, 2008, adopts the IPMC with local amendments as a tool to replace the City's obsolete codes relating to existing building conditions and rental housing. Ordinance No. 109, 2008, adopted on First Reading on October 7 , 2008, by a vote of 5-2 (nays: Brown, Troxell) amends Chapter 5, Article VI, Division 2 (Rental Housing Standards) of the City Code relating to Supplemental Rental Housing Provisions to eliminate duplicate provisions now included in the IPMC. These provisions apply to all rental housing, including single and multi- family dwellings, manufactured housing, and hotels and rooming houses. On First Reading, Section 5-261 of the City Code regarding fees was amended. In order to explore additional options with regard to that provision,the Council Leadership Team has recommended that no changes be made to Section 5-261 at this time. Therefore,that provision has been withdrawn and will be considered separately at the Council Meeting of December 2, 2008. ATTACHMENTS I. Copy of First Reading Agenda Item Summary - October 7, 2008. ATTACHMENT 1 ITEM NUMBER: 28 AGENDA ITEM SUMMARY DATE: October 7, 2008 FORT COLLINS CLUS00WI LP V S FF: Felix Lee Mike Gebo Teresa Ablao SUBJECT Items Relating to the Adoption of the 2006 International Property Maintenance Code (IPMQ* with Local Amendments Relating to Existing Building Conditions and Rental Housing Standards. RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. FINANCIAL IMPACT Costs to the City to enforce th odes arUticito to be cov ed by the current operating budget for the Neighborhood and Buil ry nt(N Property owners will have expenses related to correcting violations and complying with the codes/standards. EXECUTIVE SUMMARY A. Hearing and First Reading of Ordinance No. 108, 2008, Amending Chapter 5, Article II, Division 3, of the City Code for the Purpose of Adopting the 2006 International Property Maintenance Code (IPMC)®, with Amendments. B. First Reading of Ordinance No. 109,2008, Amending Chapter 5, Article VI, Division 2, of the City Code Relating to lem R H g visions. These Ordinances address ph cal det orati alth d safety conditions that affect the well-being of neighborhoods, d' s, d si is of Fo Collins. Together, the proposed regulatory tools will enhance the City's ability to provide the community with improved preventative measures. BACKGROUND Discussions emerged in 2005 among concerned citizens, community interest groups and City Council members about the physical condition of buildings,rental standards,and exterior premises October 7, 2008 -2- Item No. 28 A-B nuisance codes. Revisions to occupancy limits and other neighborhood quality-of-life code changes precipitated the discussions. Concerns have been directed at physically neglected properties and rental housing impacts that may contribute to the deterioration of neighborhoods. Property maintenance conditions and relO* TIY d by existing code provisions were the focus. Current Obsolete Codes The current adopted model code (1976 Uniform Code for the Abatement of Dangerous Buildings) that addresses dangerous buildings is obsolete. The current Rental Housing Standards of 1982 are inadequate to address today's rental housing needs. Solution Staff proposes to adopt the IPMC with local amendments as a tool to replace the City's obsolete codes relating to existing building conditions and rental housing. The City has already adopted the International Code series for new construction. The IPMC is one of the International Codes that applies corrective measures to existing substandard buildings and premises. Neighboring Front Range and metro communities such as Greeley, Loveland, Longmont, Northglenn, Wheat Ridge, Arvada and Commerce City have already adopted the IPMC and local amendments pertinent to their needs. Public Outreach cupy Staff engaged in extensive public outreach seeking recommendations and input for the proposed IPMC with local amendments and Supplemental Rental Housing Provisions. This outreach included: • City boards and commissions; • the real estate and rental industry; • neighborhood groups and individual citizens; and, • City Council Work Sessions - September 2006, August 2007, and March 2008. Staff presented and discussed at length the proposed 2006International Property Maintenance Code (IPMC)with local amendments on Apri124, 2008 ,June 26,2008 ,July 9,2008, July 31,2008 and August 28, 2008 with the Building Review Board (the appellate board for building code related matters). At these five meetings, Board members provided concerns and input for the proposed IPMC. On August 28, 2008,the al u e po Supplemental Rental Housing Provisions specifically related exists undo nt re 1 ousing units. Board of Realtors representatives,Eric Kronwall d Mich a Jac s t ended August 28,2008 Building Review Board meetings and offered the o input Direction from Council (See March 11, 2008 Work Session Summary- Attachment 1) October 7, 2008 -3- Item No. 28 A-B Below are Council's recent direction and/or questions. Staff responses are in italics. 1. Clarify vacant versus abandoned and"Vacant Building Notification" process (the Vacant Building Notification pr as el r ilding Review Board and Board of Realtor recommend on de fin f` ba d" is included in the Ordinance. me 2. Severe weathering ofext it surfacokwalls,etc.)because of deteriorated protective coating(paint)and severely damaged roofing allowing water into the building are covered by this proposed Code and should be eliminated from the proposed Exterior Nuisance Codes (Has been eliminated from the Exterior Nuisance Codes.) 3. Clarify how the treatment of stagnant water on private property under the new proposed code provision compares to how similar conditions on City property are addressed. The City treats stagnant water on City property and mitigates it either mechanically or chemically. With West Nile a concern, city staff is extremely active in the maintenance program to eliminate or reduce any standing water on City facilities. In addition, most of the Storm Water sites that have standing water by design (wetlands) are monitored by Colorado Mosquito Control (CMC). 4. Staff, including the City Attorney's Office, is to further develop the process to address existing"non-recorded" r unko&r v4ich ocumentation or evidence can be provided establishi their 1 cr ti ( lu ' Ordinance No. 109, 2008). STAFF RECOMMEND ATI Staff has incorporated Council direction and input from public outreach and recommends adoption of the 2006International Property Maintenance Code (IPMC)®with local amendments, referred to as the IPMC, which applies to all existing buildings EXCEPT owner-occupied single family dwellings with no rooms for rent and which are NOT"dangerous,""unfit to occupy"or"unlawful." Staff recommends adoption of the proposed 2006IPMC with local amendments to protect,promote and enhance the physical and economic health, safety,welfare and sustainability of the community with respect to existing buildings, equipment and premises that are determined to be one or more of the following: • Substandard Structures or equipment: A substandard structure is one that may pose a risk to the life, health or safety of the occupants or the public, even though it does not presently constitute a d • Unfit for Human Occ ancy: truc e' y occupancy whenever the code official finds that it is i isrepai lack enanitary,vermin or rat infested, contains filth and cont on, ck ntilmination, sanitary or heating facilities. • Dangerous Structures: A structure or premises is dangerous when it is no longer structurally sound or poses an imminent threat to the health and safety of the public or the occupants. • Unlawful Structures: An unlawful structure is one that is occupied by more persons than permitted by law or which was erected, altered or occupied without approval. October 7, 2008 -4- Item No. 28 A-B The penalties for not correcting these violations range from civil infractions to criminal misdemeanors. Every violation requires notification and a reasonable time period for the property owner to make necessary corrections. The proposed IPMC as amend also r ces u a th ent"Rental Housing Habitability Standards" adopted in 1982 t t prescr a mi require ems for basic living conditions in rental housing, such as: shelte , e a ' sani bathroom facilities, lighting and ventilation. New habitability provisions for rental housing under the IPMC with local amendments include: • Insect Screens: From April 1 to November 1,windows or openings required for ventilation will need to be supplied with screens for insect control and the prevention of West Nile and other insect borne diseases upon signing of the lease/rental agreement. • Heating: Increases minimum indoor heating capacity from 60 degrees F to 65 degrees F except when outdoor temperature is below 4 degrees F the indoor temperature is whatever the system is able to maintain. • Egress Windows: Enlarges and lowers emergency escape/rescue openings in below-grade sleeping rooms. • Security Door Locks: Doors providing access to a dwelling unit will need to be equipped with a deadbolt lock des' o it in inside. • Security Window Lock: Op r le wt o s 1 at in 6 feet above ground must be equipped with a windo sash to ing d i • Smoke Alarms: Smoke s ar it r all r housing. • Carbon Monoxide Alarms: Carbon Monoxide alarms are required for rental housing with fuel-burning appliances or an attached garage. Are the proposed revisions too regulatory or restrictive? Staff believes the proposed revisions are neither excessive in number of local amendments nor over-regulatory in substance. The majority of local amendments are for administrative purposes integrating the IPMC into the City Code. Many proposed local amendments delete or substitute less restrictive requirements than the model IPMC. (See Attachment 3 for deletions from the model IPMC) Ordinance No. 109,2008, Supplemental Rental Housing Provisions: Staff recommends amending pter , icl VI t io ental Housing Standards) of the City Code relating to Supplem al Ren Hous tuns eliminate duplicate provisions now included in the IPMC. These vi ' n to 1 rental using, including single and multi- family dwellings, manufactured housing, and hotels and rooming houses. Staff recommends adoption of the proposed revisions to: • Provide better clarity. • Enhance health and safety of residents. October 7, 2008 -6- Item No. 28 A-B • Improve consistency and equity in the administration of regulations. • Create a link to the IPMC for rental housing conditions, inspection and responsibility. • Establish an approva prose or " n c e tal housing/rooming units by establishing the date of eation onv io o the ad Tonal housing unit for the purposes of calculating correct pro f Owner dwellings, within multi-family buildings without a Certificate of Occupancy (CO), will be required to provide historical data in order to establish the date of creation or conversion. The owner will be required to pay development fees based upon clear historic records of conversion or when the unit was first used as a rental. If the owner is unable to provide evidence, then the owner will be required to pay the fees in effect at the time of the issuance of the (CO). • Clarify the appeals process to be consistent with the Zoning Board of Appeals and the Planning and Zoning Board; and to identify who is eligible to appeal and for notification of adjacent property owners. These standards supplement the provisions contained in the proposed 2006 IPMC with local amendments and are necessary to protect the public health, safety and welfare of the residents of Fort Collins. The revisions apply to ALL rental housing, including single and multi-family dwellings, hotels and rooming use The penalties range from civil fractio to c ' i misdem ors depending on the severity of the violation. Notice must be gr the er allo ' g a reasonable amount of time to correct the violation(depending on the severity of the violation.) PUBLIC MEETINGS, BOARDS AND COMMISSIONS Extensive public outreach has occurred over the past two years, including: Public meetings, presentations and outreach • Open Public Meetings—January 25, 2007; February 1, 2007; July 24, 2007 • Small stakeholder meetings—March—May 2007 • Newspaper columns and newsletter articles—2007 and 2008 • North Fort Collins Business Association presentation—September 26, 2007 • Affordable Housing Coalition presentation—October 17, 2007 • Associated Students of o t 31, 2007; May 8, 2008 • International Building de R w Co e e er 8, 2007 • Fort Collins Board of tors— 5 8 and nary 29, 2008, and attendance at Building Review Board g 2 08 • Colorado Apartment Association presentation—March 18, 2008 • Center for Public Deliberation Capstone discussion—April 21, 2008 Boards and Commissions (see attachment 4 for Board minutes and recommendations) • Planning and Zoning Board Work Session—July 13, 2007 • Affordable Housing Board—September 6, 2007 and June 5, 2008 October 7, 2008 -6- Item No. 28 A-B • Building Review Board—July 26,2007;April 24,2008;June 26,2008;July 9,2008(special work session); July 31, 2008; August 28, 2008 Feedback varied significantly ' io o e ivues. There is a general concern for the potential financial hard ip ne des c n come residents. TIMELINE The 2006 IPMC with local amendments and Supplemental Rental Housing Provisions will be implemented upon adoption. BACKGROUND 1. Work Session Summary—March 11, 2008 2. Significant Changes Summary Table 3. IPMC Deletions List 4. Board and Commission Minutes 5. PowerPoint Presentation 6. Chart of the Process to ApXQve Non-recorded Re t Dw ling Units. PCO ORDINANCE NO. 108, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 5, ARTICLE II, DIVISION 3, OF THE CODE OF THE CITY OF FORT COLLINS FOR THE PURPOSE OF ADOPTING THE 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE(IPMC)®, WITH AMENDMENTS WHEREAS,the current general building condition code adopted by the City is based on the last and final version of the now defunct Uniform Code for the Abatement of Dangerous Buildings, 1976 edition, which was published by the former International Conference of Building Officials (ICBO); and WHEREAS, since 2000, ICBO dissolved following its merger with the other two former nationally prominent building-code promulgating organizations,to emerge as the International Code Council (ICC)®; and WHEREAS thousands of ICC member jurisdictions from across the country and around the world,following extensive and ongoing deliberations,convened to cast final ballots for the approval of the most recently published triennial group of the ICC model building codes, the 2006 INTERNATIONAL CODES®,for the purpose of regulating the maintenance, alteration,movement, enlargement,replacement,repair,equipment,use and occupancy,location,removal and demolition of every type of building and premises; and WHEREAS,the City Council has determined that it is in the best interest of the health,safety and welfare of the City and its citizens that the 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® be adopted, with certain amendments to address local conditions and concerns. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 5, Article II, Division 3 of the Code of the City of Fort Collins is hereby amended and revised in the following respects: Section 1. That Section 5-46 subparagraph(a)of the Code of the City of Fort Collins is hereby repealed and reenacted to read as follows: (a) There is hereby adopted by reference,as the Structure and Premise Condition Code of the City, the 2006 International Property Maintenance Code (IPMC)®, published by the International Code Council (ICC)®, with local amendments, as if set forth in full herein. The subject matter of the codes adopted herein includes minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises,and for administration,enforcement and penalties. Section 2. That Section 5-47 Code of the City of Fort Collins is hereby repealed and reenacted to read as follows: Sec. 5-47. Amendments and deletions to Code. The International Property Maintenance Code,2006 Edition, adopted herein is hereby amended and changed in the following respects: Section 3. That Sections 101.1, 101.2 are hereby amended to read as follows: "101.1 Title. These regulations shall be known as the Structure and Premises Condition Code of THE CITY OF FORT COLLINS hereinafter referred to as "this code."" "101.2 Scope. Except as otherwise specified, the provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties." Section 4. That Section 102.2 and 102.3 and 102.5 are hereby amended to read as follows: "102.2 Maintenance. Equipment, systems,devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in sound working conditon. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises." "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 International Building Code, International Fuel Gas Code, International Mechanical Code and the National Electric Code and all other -2- applicable City codes. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Land Use Code." "102.5 Workmanship.Repairs,maintenance work,alterations or installations which are caused directly or indirectlyby the enforcement of this code shall be executed and installed in a sound manner and installed in accordance with the manufacturer's installation instructions." Section 5. That Section 103 is hereby deleted in its entirety as follows: Section 6. That Section 104.1, 104.2, 104.3, and 104.4 are hereby amended to read as follows: "104.1 General. The Neighborhood and Building Services Director or such other official as may be appointed by the City Manager shall serve as the executive code official responsible for supervising the administration,compliance,and enforcement of this Article.In the performance of said duties,such official may delegate authority to the appropriate technical, administrative, and compliance staff under the supervision of said official as he or she deems necessary.The code official is hereby authorized to, and shall, enforce the provisions of this code." "104.2 Rule-making authority.The code official shall have authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of this code; to secure the intent thereof, to enforce all provisions of this Code pursuant to the authority granted by the Chief of Police and specified in City Code Section 2- 503(b)(2);and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code, or of violating accepted engineering methods involving public safety." "104.3 Inspections. The code official shall make all of the required inspections,or shall accept reports of inspection by approved agencies or individuals.All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. Whenever necessary to make an inspection to enforce any of the provisions of this Code or any other section of the Code or Land Use Code or whenever the code official has probable cause to believe that there exists in any building or upon any premises any condition or violation which makes such building or premises substandard, dangerous, unfit for occupancy, or unlawful, the code official may enter such building or premises at all reasonable times to inspect it or to perform any duty imposed upon the code official by this Code. If such building or premises is occupied,the code official shall present proper credentials and request entry. If such -3- building or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, or,if after reasonable efforts to contact the owner or occupant, the owner or occupant cannot be found or fails to respond or consent to the request, the code official may seek an inspection warrant from the Municipal Judge to secure entry for inspection or abatement." "104.4 Right of entry. When the code official has obtained a warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the code official for the purpose of inspection,examination or abatement pursuant to this Code. Any such failure to permit entry upon request pursuant to a valid inspection warrant shall be a misdemeanor punishable by the provisions set forth in City Code Section ]-15." Section 7. That Section 105.4 is hereby amended to read as follows: "105.4 Material and equipment reuse. Materials,equipment and devices shall not be reused unless such elements are in sound condition or have been reconditioned and tested when necessary, placed in sound working condition and approved." Section S. That Sections 106.3 and 106.4 are amended to read as follows: "106.3 Prosecution of violation. Any person failing to comply 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 in 106.4,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 by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate." "106.4 Violation penaltiesAny person who violates Section 108.1.5,or any notices or orders issued for a violation of Section 108.1.5, 108.4.1, 108.5 or any provision of Section 109 commits a misdemeanor and is subject to a fine,imprisonment, costs and fees and any other orders imposed in accordance with §1-15. Any person who violates any other provision of this Code is subject to the provisions of City Code Section 1-15(f). In addition, the code official may revoke or suspend any permit or certificate issued by the City with respect to the building, structure, premises or equipment." -4- Section 9. That Section 107 is hereby amended by the addition of a new Section 107.1.1 to read as follows: "107.1.1 Responsibilities and obligations. Every owner and occupant shall be subject to the responsibilities and obligations set forth in this Code as follows: 1. Every owner remains liable for violations of duties imposed by this Code even though an obligation is imposed on the occupants of the building and even though the owner has by agreement imposed on the occupant or property manager the duty of furnishing required equipment or of complying with this Code. Nothing herein shall be construed as limiting or interfering with in any way the right of any persons to establish by written contract specific responsibilities of owners,property managers and occupants for the purpose of leasing or renting a building or premises. Every owner or agent, in addition to being responsible for maintaining the building in a sound structural condition,shall be responsible for keeping that part of the building or premises which the owner occupies or controls in a safe condition, including the shared or public areas in a building containing two(2)or more dwelling units. 2. An owner shall not permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this Code. 3. Occupants of a dwelling unit, 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 occupy and control. 4. Every occupant shall, when required by this Code, the City Code or the Health Officer, furnish and maintain approved devices, equipment or facilities necessary to keep the premises safe and sanitary. An owner of a building or premises remains liable for violations of this Code even though an occupant or manager of those premises is responsible for the premises and regardless of any agreement between the owner and another that imposes or attempts to delegate responsibility for the premises to the other." Section 10. That Section 107.2 is hereby amended to read as follows: "107.2 Form.Such notice prescribed in Section 107.1 shall be in accordance with all of the following: -5- (a) General. The code official and any officer, as the term officer is defined in City Code Section 19-66, are authorized to give written notice to any owner or occupant whose building or property is in violation of the provisions of this Code. Such notice maybe personally served upon such person,or, if not personally served, shall be deposited in the United States mail, addressed to the owner of record at the address on the assessment roll of the Larimer County Assessor or at such other,more recent address as may be available to the city. (b) Notice. The notice shall include a description of the real estate sufficient for identification,include a statement of the violation or violations and why the notice is being issued, and state that if the violation is not corrected on or before the date and time stipulated in the notice, a citation may issue and the correction or demolition may be done by the city and any costs of abatement, repair or demolition, including the cost of inspection,the cost of any grading or sloping necessary to protect the public safety and other incidental costs in connection therewith and an amount not to exceed one hundred(100)percent of the costs for carrying charges and costs of administration will be charged against the property, in addition to any other penalty and costs or orders that may be imposed.The notice shall also state that if the owner desires a hearing before the Building Review Board to contest the declaration and order of vacation, condemnation, repair, removal or demolition, such owner shall request a hearing, in writing, to the code official within ten (10) days of mailing of the notice. The notice shall further state that failure to timely file a request for such hearing shall be a waiver of the right to contest the declaration, assessment or order at any later date. (c) Abatement. If the building or property has not been brought into compliance with this Code within the time period set forth in the notice and,if the owner has not requested a hearing before the Building Review Board to contest said declaration or any other code official's orders as provided in Subparagraph(1) above, the demolition or abatement may be performed by city personnel or by private contractors, as the code official shall determine. In the event of such demolition and abatement by the city, the cost, including inspection, demolition and any other incidental costs in connection therewith, and an amount not to exceed one hundred (100) percent of the costs for carrying charges and administration shall be assessed against the offending property. (d) Assessment. Any cost assessment shall be a lien in the several amounts assessed against each property until paid and shall have priority over all other liens, except general taxes and prior special assessment liens. If any such assessment is not paid within thirty(30)days after it has been certified by the code official and billed by the Financial Officer or his designee to the owner by deposit in the United States mail addressed to the owner of record at the address as shown on the tax rolls or such other, more recent address as may -6- be available to the city, and any agents, representatives or occupants as may be known, the Financial Officer, or his designee is hereby authorized to certify to the county Treasurer the list of delinquent assessments, giving the name of the owner as it appears of record, the number of the lot and block and the amount of the assessment plus a ten-percent penalty.The certification is to be the same in substance and in form as required for the certification of other taxes.The county treasurer,upon receipt of such certified list,is hereby authorized to place it upon the tax list for the current year and to collect the assessment in the same manner as general property taxes are collected, together with any charges as may by law be made by the county treasurer and all laws of the state for the assessment and collection of general taxes, including the laws for the sale of property for taxes, and the redemption thereof shall apply to and have full force and effect for the collection of all such assessments. Notwithstanding the foregoing, if the offending building or property is not subject to taxation, the city may elect alternative means to collect the amounts due pursuant to this Code,including the commencement of an action at law or in equity and, after judgment, pursue such remedies as are provided by law." Section 11. That the title of Section 108, along with Sections 108.1, 1081.1, 108.1.2, 108.1.3 and 108.1.4 are hereby amended to read as follows: "SECTION 108 SAFETY OF STRUCTURES AND EQUIPMENT" "108.1 General.When any structure or portion thereof is found to be substandard, unfit for human occupancy,unlawful or dangerous,or when any equipment or fixture installed or used therein is found to be substandard, such condition shall be abated or otherwise corrected,repaired, or removed pursuant to the provisions of this code" "108.1.1 Substandard structures. A substandard structure is one that may pose a risk to the life,health,property or safety of the occupants thereof or the public, even though it does not constitute a dangerous structure as defined in Section 108.1.5, either because the structure lacks the equipment necessary to protect or warn occupants in the event of fire, or because it contains substandard or missing equipment, systems or fixtures,or is damaged,decayed,dilapidated,or structurally unsound ." "108.1.2 Substandard equipment and fixtures.Substandard equipment or fixtures may include any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers, potable water, plumbing, sanitation systems or fixtures,or other equipment on the premises or within the structure which is in such disrepair or unsound condition that the equipment or fixtures pose a potential risk to life, health, property or safety of the public or occupants of the premises or structure." -7- "108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or the public." "108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, the City Code or any other code adopted by the City, or which structure was erected, altered or occupied contrary to law." Section 12. That Section 108 is hereby amended by a new Section 108.1.5 which reads in its entirety as follows: "108.1.5 Dangerous structure or premises. A structure or premises is dangerous if any part, element or component thereof is no longer within its serviceability limit or strength limit state as defined in this code or, when considered in totality, the structure or premises pose an imminent threat to the health and safety of the public or the occupants of the structure or premises as referenced in Appendix A of this code." Section 13. That Section 108.2 is hereby amended as follows: "108.2 Vacant Buildings and structures. (a) General. When a building or structure is vacant and unsecured or unfit for human habitation and occupancythe code official is authorized to post a "Vacant Building Notice"on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order,the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource." Section 14. That Sectionsl09.1, 109.2, 109.3 and 109.5 are hereby amended to read as follows: "109.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which 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 the proximity of any structure because of explosives, -8- explosive fumes or vapors or the presence of toxic fumes, gases or materials, 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 Dangerous 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." "109.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to a dangerous condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency." "109.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to dangerous structures, and prohibit the same from being utilized." "109.5 Costs of emergency repairs. For the purposes of this section, the code official shall employ, or cause to be employed, the necessary labor and materials to perform the work required as expeditiously as possible. Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises, including a lien upon the property pursuant to Section 107.2 where the dangerous structure is or was located for the recovery of such costs." Section 15. That a new Section 109.5.1 is added to Section 109 to read as follows: "109.5.1 Disconnection of service utilities. The code official shall have the authority to authorize disconnection of utility service to the building, structure, or system regulated by this Code and the other codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The code official shall notify the serving utility and, wherever possible, the owner and occupant of the building, structure, or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure, or service system shall be notified in writing as soon as feasible thereafter." -9- Section 16. That Section 110.1 is hereby amended 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 is so old, dilapidated or has become so out of repair as to be dangerous, unsanitary 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 demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure fora period ofmore than two(2)years,to demolish and remove such structure." Section 17. That Section I 1 1 is hereby amended by revising the Section in its entirety to read as follows: "SECTION I I I APPEALS AND ADMINISTRATIVE REVIEW 111.1 General. Except as otherwise provided for in City Code Section 19-36 et seq., the Building Review Board as established in City Code Section 2-117 shall serve to provide final interpretation of the provisions of this Code and to review the code official's orders. 111.2 Application for review.Any person directly affected by an order or decision of the code official shall have the right to seek a final interpretation or other review by the Building Review Board under the provisions of this Section provided that a written application for appeal is filed. Such persons shall include,but not be limited to, the record owner; the holder of any mortgage or deed of trust or other lien or encumbrance of record; any leaseholder of record; the holder of any other estate or legal interest or record in the building or the property on which the building is located; any occupants of such building or property; and the occupants of any other property within eight hundred (800) feet of the subject property. 111.3 Application form. An application for hearing shall be in writing on forms provided by the City and shall be based upon 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. Such form shall include the following: a brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order; a brief statement in ordinary and concise language of that specific order or action protested, together with any material facts claimed to support the contentions of the appellant; a brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested -10- order or actions should be reversed, modified or otherwise set aside; the signatures of all parties named as appellants and their official mailing addresses; and a request for stay of enforcement. 111.4 Filing period. The appeal shall be filed within ten (10)days from the date of service of such order or the action of the code official. If the building or structure is in such condition as to make it immediately dangerous to the life,property or safety of the public or adjacent property and is ordered vacated and is posted, such appeal shall be filed within five(5)days from the date of the service of the notice and order of the code official. The failure of the code official to serve any person required herein to be served shall not invalidate any proceedings. 111.5. Hearing period. Upon receipt of any appeal filed pursuant to this Section, the Code official shall present the appeal to the Building Review Board at a regular or special meeting held as soon as practicable after proper notice,but not more than forty-five (45) days from the date that the appeal was filed. 111.6 Hearing procedures. The appeal shall be heard pursuant to the procedures specified in City Code Section 2-47 et seq. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. 111.7 Failure to file request for reviewFailure of any person to file an application for a review hearing shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or to any portion thereof. 111.8 Staying of order under review. Except for emergency measures and posting orders made pursuant to this Code, enforcement of any notice and order of the code official issued under this Code may be stayed during the pendency of the review therefrom which is properly and timely filed." Section 18. That Section 201.3 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 City Code, the Land Use Code and any other code adopted by reference in the City Code, including International Building Code, Fire Code, , International Plumbing Code, International Mechanical Code or the National Electric Code (NEC),such terns shall have the meanings ascribed to them as stated in those codes." Section 19. That Section 202 is amended by the addition of thirty three (33) new definitions to the list of terms therein in alphabetical sequence of such list to read as follows: "ABANDONED. Any building or premises covered under this Article that is unoccupied or vacant and in such a state of disrepair,lack of maintenance,or neglect as to pose a public nuisance. -11- ADDITION. An extension or increase in floor area, number of stories,or height of a building or structure. ALTERATION.Any construction or renovation to an existing structure other than repair or addition. ANCHORED. Affixed in a manner that provides a connection that is secured in a sound condition. CEILING HEIGHT. The perpendicular distance measured from the finished floor in a room or other interior space to the finished ceiling or surface above. DETACHED. When a structural element is physically disconnected from another and that connection is necessary to provide a connection that is secured in a sound condition. DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness and is no longer is sound condition. EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and operating load between the equipment and the structure. EXCAVATION or FOUNDATION ABANDONED or EXPOSED. Any outdoor open hole,pit,foundation or other excavation,or depression,deeper than twenty-four (24) inches below the surrounding ground elevation other than a well, whether excavated by human activity or created by natural forces, including any excavation or foundation intended for a building, pool,pond or other decorative or recreational feature and not backfilled within one hundred eighty(180) days of such excavation or foundation work, or when there is no valid active building permit for such work, as well and any other type of excavation that poses a health or safety hazard or otherwise poses a public nuisance,except those approved temporary retention ponds and detention ponds and other water features such as pools, ponds, and similar approved excavations designed for recreational or aesthetic purposes that are maintained in a condition that does not pose a health or safety hazard and is not a public nuisance. FLOOD HAZARD AREA. All references to "flood hazard" and "areas prone to flooding" in this code and appendices adopted therewith shall be as specified in the Code of the City, "Chapter 10, Flood Prevention and Protection." GRADE (ADJACENT GROUND ELEVATION). The lowest point of elevation of the finished surface of the ground, paving or sidewalk with the area between the building and the property line or, when the property line is more than five (5) feet -12- (1.524 m) from the building,between the building and a line five(5) feet(1.524 m) from the building. HAZARDOUS. Whatever is dangerous to human life or is detrimental to the public health as determined by the Health Officer, the Fire Marshal, or the Code official. HEALTH OFFICER. The legally designated head of the Larimer County Department of Health and Environment or such person's authorized agent. HISTORIC BUILDING is a building or structure that has been designated by official action of the legally constituted authority of this City as having special historical,architectural or geographical significance. For purposes of this Code,this term shall also include buildings or structures listed in the State Register of Historic Properties as published by the Colorado Historical Society and the National Register of Historic Places as published by the U.S. Department of the Interior. HOT WATER. Heated water supplied to plumbing fixtures at a temperature of not less than one-hundred ten (110) degrees Fahrenheit. LIMIT STATE. A condition beyond which a structure or member becomes unfit for service and is judged to be no longer useful for its intended function (serviceability limit state) or to be unsafe (strength limit state). LOAD-BEARING ELEMENT.Any column,girder,beam,joist,truss,rafter,wall, floor or roof sheathing that supports any vertical load in addition to its own weight or any lateral load. NEGLECT. The lack of adequate maintenance for a building or structure. PRIMARY FUNCTIONS. A major activity for which the facility is intended.Areas that contain a primary function include, but are not limited to, the customer service lobby of a bank, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public accommodation or other private entity using the facility are carved out. Mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets are not areas containing a primary function.Entrances,corridors and restrooms are considered areas containing a primary function. PROPERTY MANAGER. Any person, group of persons, company, firm or corporation charged with the care and control of a building, structure or premises who performs services with respect to such building, structure or premises under a contract with the owner thereof or who otherwise acts as representative of an owner with respect to such building, structure or premises. -13- RENTAL DWELLING UNIT. One(1)or more rooms occupied or intended to be occupied as a unit exclusively for residential purposes that is leased,rented or sublet for compensation (including money or services or the sharing of expenses) and that is located in a boarding house or a single-family, two-family or multi-family dwelling. RENTAL HOUSING. Any building or mobile home or portion thereof, including the lot, tract or parcel of land on which the same is located, containing any dwelling unit, or guest room which is leased, rented or sublet to a family or person(s) for compensation. REPAIR. The restoration to sound condition of any part of an existing building for the purpose of its maintenance. SOUND CONDITION. A condition that is fully-functional, operational and substantially free from decay, deterioration, damage or other defects and capable of performing the tasks for which designed and in the manner intended without risk of injury or damage to persons or adjoining property resulting from detachment or failure of such elements or components thereof. STRUCTURAL MEMBER. A component of a structure that is essential to the structure's intended purpose and design,and without which the structure is incapable of safely fulfilling its intended purpose and supporting the design loads imposed upon the structure. SUBSTANDARD. Condition(s)that through neglect, deterioration, or damage no longer meet the minimum requirements of the currently adopted code as it relates to the specific condition(s)identified. Even though such condition(s)may not be found dangerous at the time of their discovery,such condition(s),if not corrected,may pose a risk to the health and safety of the public, the occupants or property thereof pursuant to Section 108.1.5. SUBSTANTIAL DAMAGE. For the purpose of determining compliance with the flood provisions of this code,damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT. For the purpose of determining compliance with the flood provisions of this code or the City Code, any repair, alteration, addition, or improvement of a building or structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: (1) any project for -14- improvement of a building required to correct existing health,sanitary,or safety code violations identified by the code official and that is the minimum necessary to assure safe living conditions; or(2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. SUBSTANTIAL STRUCTURAL DAMAGE.A condition where: (1)in any story, the vertical elements of the lateral-force resisting system, in any direction and taken as a whole, have suffered damage such that the lateral load-carrying capacity has been reduced by more than twenty (20)percent from its pre-damaged condition; or (2) the vertical load-carrying components supporting more than thirty (30) percent of the structure's floor or roof area have suffered a reduction in vertical load-carrying capacity to below seventy-five (75) percent of the City Building Codes required strength levels calculated by either the strength or allowable stress method. SUBSTANTIALLY PLUMB. A wall or other vertical member shall be considered substantially plumb when a plumb line passing through the center of gravity does not fall outside the middle one-third (1/3) of the base. TECHNICALLY INFEASIBLE. An alteration of a building or a facility that has little likelihood of being accomplished because the existing structural conditions require the removal or alteration of a load-bearing member that is an essential part of the structural frame,or because other existing physical or site constraints prohibit modification or addition of elements, spaces or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility. ULTIMATE DEFORMATION. The deformation at which failure occurs and which shall be deemed to occur if the sustainable load reduces to eighty(80)percent or less of the maximum strength. VACANT. The state of a premises or structure thereon being indefinitely uninhabited or unoccupied by lawfully authorized tenants, owners, and other persons." Section20. That the definition of"Bedroom"contained in Section 202 is hereby amended to read as follows: "BEDROOM. A habitable room within a dwelling unit designed primarily for the purpose of sleeping. Built-in features such as closets and similar storage facilities shall not be considered as relevant factors in determining whether or not a room is a sleeping room." Section 21. That the definition of"Habitable space" contained in Section 202 is hereby amended to read as follows: -15- "HABITABLE ROOM SPACE. Space in a structure for living,sleeping,eating or cooking.Bathrooms,toilet rooms,closets,halls,storage or utility spaces,and similar areas are not considered habitable room spaces." Section 22. That the definition of 'Infestation" contained in Section 202 is hereby amended to read as follows: "INFESTATION. The presence of insects,rats,vermin or other pests in such large numbers within or contiguous to a structure or premises as to be harmful to the occupants or the public." Section 23. That the definition of"Inoperable Motor Vehicle" contained in Section 202 is hereby deleted in its entirety as follows: Section 24. That the definition of"Let for Occupancy or LET' contained in Section 202 is hereby amended to read as follows: "LET FOR OCCUPANCY OR RENT. To permit,provide or offer possession or occupancy of a dwelling,dwelling unit,rooming unit,building,premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land." Section 25. That the definition of"Owner"contained in Section 202 is hereby amended to read as follows: "OWNER. Any person whose name appears on the tax bill for the property or who, alone or jointly or severally with others, has legal title to any dwelling or dwelling unit, with or without actual possession thereof, or has charge, care or control of any dwelling or dwelling unit as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner,mortgagee or assignee of rents. Owner shall not include, except for vacant structures or premises as provided for in state law, any person, group of persons, company, association or corporation who holds only a security interest or easement on the real property upon which the dwelling or dwelling unit is situated." Section 26. That the definition of"Rubbish" contained in Section 202 is hereby deleted in its entirety as follows: Section 27. That the definition of"Tenant"contained in Section 202 is hereby amended to read as follows: "TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit pursuant to a -16- written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land." Section 28. That the definition of "Workmanlike" contained in Section 202 is hereby deleted in its entirety as follows: Section 29. That Section 302.2 is hereby amended to read as follows: "302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Drainage of paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. Abandoned or unprotected excavations shall be considered a nuisance and shall be filled to the original or adjoining site elevation. Exception: Approved retention areas and reservoirs and temporary retention ponds, detention ponds,channels and other water features such as pools,ponds, and similar approved excavations designed for recreational or aesthetic purposes that are maintained in a condition that does not pose a health or safety hazard, or a public nuisance." Section 30. That Section 302.4 is hereby deleted in its entirety as follows: Section 31. That Sections 302.5 and 302.7 are hereby amended to read as follows: "302.5 Infestation. All structures and exterior property shall be kept free from infestation by rodents, insects, and other vermin. Where any such infestation is found, it shall be promptly remedied by approved extermination or other processes that are not injurious to human health, and adequate measures shall thereafter be undertaken to eliminate harborage and prevent reinfestation. The owner of any building or structure shall be responsible for extermination within the structure prior to renting or leasing such. In a structure containing dwelling unit(s) or in a nonresidential structure,the owner(s)thereof shall be responsible for extermination in the public or shared areas of the structure and exterior premises." "302.7 Accessory structures.All accessory structures,including detached garages, fences and walls, shall be maintained in structurally sound condition". Section 32. That Sections 302.8 and 302.9 are hereby deleted in their entirety as follows: Section 33. That Sections 303.1 and 303.2 are hereby amended to read as follows: "303.1 Swimming pools. Swimming pools shall be maintained in a sanitary and sound condition." -17- "303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than twenty four(24)inches(610 mm)in depth shall be completely surrounded by a fence or barrier at least forty eight (48) inches (1219 mm) 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 fifty four(54)inches(1372 mm) 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 six (6) inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section." Section 34. That Section 304.1 is hereby amended to read as follows: "304.1 General. The exterior of a structure shall be maintained in sound and sanitary condition so as not to pose a threat to the health, safety or welfare of the occupants thereof, the occupants of any adjoining properties, or of the public. Exterior substandard conditions as described in Appendix A of this code shall be corrected as determined by the code official. Exception: Owner-occupied, detached, single-family dwellings in which no rooms are leased or rented." Section 35. That Sections 304.2,304.3,304.5,304.6,304.7,304.8,304.9,304.10, 304.11, 304.12, 304.13, 304.14 and 304.15 are hereby amended to read as follows: "304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches,trim,balconies and decks shall be maintained in sound condition.Exterior wood surfaces,other than decay-resistant woods,shall be protected from the elements and decay by painting or other protective covering or treatment. Paint or any other coating or treatment that is designed to serve as a protective covering shall be eliminated and surfaces repainted or otherwise treated if the paint or other coating is peeling, flaking or chipped and if the affected area exceeds twenty-five (25) percent of the exterior surface to be protected. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be sound, weather resistant and capable of preventing the intrusion of water and moisture resulting from normal precipitation into the structural and non-structural interior assemblies. All metal surfaces subject to rust or contusion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion,unless such surfaces are designed for stabilization by oxidation." _18- 11304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background.Address numbers shall be Arabic numerals or alphabet letters.Numbers shall be a minimum of four(4) inches (102 mm) high with a minimum stroke width of one-half(0.5) inch (12.7 mm)." "304.5. Foundation walls. All foundation walls shall be maintained in stable and sound condition,substantially plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests." "304.6 Exterior walls. All exterior walls shall be free from holes,breaks,and loose or rotting decayed materials; and maintained weatherproof and adequately surface- coated where required to prevent deterioration." "304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in sound condition and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance." "304.8 Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in sound condition with proper anchorage and in a safe condition." "304.9 Overhand extensions. All overhand extensions including,but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in sound condition and be properly anchored so as to be kept in a sound condition. When required, all exposes surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment" "304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, with proper anchorage and capable of supporting the imposed loads." "304.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and in sound condition. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment." -19- "304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in sound condition." "304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition and weather tight." "304.14 Insect screens. During the period from April I to November 1,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 sixteen (16) mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in sound working condition. Rental housing units shall be provided with screens in sound condition at time of each lease signing or renewal. Exception: Screens shall not be required for owner-occupied dwelling units where no rooms are leased or rented." "304.15 Doors. All exterior doors, door assemblies and hardware shall be maintained in sound condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3." Section 36. That Section 304.18.1 and 304.18.2 are hereby amended to read as follows: "304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily operable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a lock throw of not less than one(1)inch(25 mm). Such deadbolt locks shall be installed according to the manufacturer's specifications and maintained in sound working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock." "304.18.2 Windows. Operable windows located in whole or in part within six (6) feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit,rooming unit or housekeeping unit that is rented,leased or let shall be equipped with a window sash locking device." Section 37. That Section 304.18 is hereby amended by the addition of a new Section 304.18.4 which reads in its entirety as follows: -20- "304.18.4 Area wells. All area wells, stair wells,light wells and any other bulkhead enclosures attached to any building shall be protected with guards conforming to this section around the entire opening, or be provided with an equivalent barrier, when such wells are located less than thirty six (36) inches (194 mm) from the nearest intended walking surface and are deeper than thirty six (36) inches below the surrounding ground level, creating an opening with a horizontal dimension greater than twenty four (24) inches (610 mm) measured perpendicular from the building, with the side walls of such well having a slope steeper than two(2)horizontal to one (1) vertical. Exceptions: 1. The access side of stairways need not be barricaded. 2. Area wells provided for emergency escape and rescue windows may be protected with approved grates or covers that are releasable or removable from the inside without the use of a key,tool or force greater than that which is required for normal operation of the escape and rescue opening. 3. Covers and grates may be used over stairways and other openings used exclusively for services access or for admitting light or ventilation." Section 38. That Section 305.1, 305.3 and 305.4 are hereby amended to read as follows: "305.1 General. The interior of a structure and equipment therein shall be maintained in sound and sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel a dormitory, two (2) or more dwelling units or two (2) or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. Interior substandard conditions as described in Appendix A of this code shall be corrected as determined by the code official." Exception: Owner-occupied, detached, single-family dwellings in which no rooms are leased or rented." "305.3 Interior surfaces. All interior surfaces,including windows and doors, shall be maintained in sound and sanitary condition. Peeling,chipping,flaking or abraded paint that was originally produced and/or applied prior to 1978 shall be repaired, removed or covered in accordance with federal and Colorado standards applicable to lead-based paints. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected." "305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition." -21- Section 39. That Section 305 is hereby amended by the addition of a new Section 3.5.4.1 which reads in its entirety as follows: "305.4.1 Public stairways. Public stairways used for egress routes in areas serving more than one (1) rental dwelling unit or guestroom shall have the following minimum dimensions: 1. A width of thirty (30) (762 mm) inches; 2. Seventy-five(75)(1905 mm)inches of headroom measured vertically from the nose of the tread at tread level to the soffit above; 3. A rise of steps not exceeding eight (8) (203 mm) inches and a tread not less than nine (9) (229 mm) inches in depth; 4. A riser height throughout any one (1) flight of stairs not exceeding the smallest by more than three-eighths (3/8) inch (10 mm)." Section 40. That Section 305.5 is hereby amended to read as follows: "305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in sound condition." Section 41. That Section 306.1 is hereby amended to read as follows: "306.1 General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than thirty (30) inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than thirty(30) inches(762 mm)high or more than forty two (42) inches (1067 mm) high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than thirty (30) inches (762 mm) high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempted by the adopted building code." Section 42. That Section 307 is amended to read in its entirety as follows: "SECTION 307 COMPONENT SERVICEABILITY 307.1 General. The components of a structure and equipment therein shall be maintained in structurally sound and in a sanitary condition. -22- Components declared to be substandard as described in Appendix A of this code shall be corrected as determined by the code official. Exception: Owner-occupied, detached, single-family dwellings in which no rooms are leased or rented. Section 43. That Sections 308.2 is hereby amended to read as follows: "308.2 Owner.The owner(s) shall be responsible for extermination in the public or shared areas of the structure and exterior premises." Section 44. That Section 308.3 is hereby deleted in its entirety as follows: Section 45. That Section 308.4 is hereby amended to read as follows: "308.4 Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If re-infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination." Section 46. That Sections 402.1 and 402.2 are hereby amended to read as follows: "402.1 Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court.The minimum total glazed area for every habitable space shall be eight percent (8 %) of the floor area of such room.Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three(3)feet(914 turn)from the window and extend to a level above that of the ceiling of the room, such 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. Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent (8 %) of the floor area of the interior room or space,but not less than twenty five(25) square feet (2.33 m2). The exterior glazing area shall be based on the total floor area being served." "402.2 Common halls and stairways. Every common hall and stairway in residential occupancies,other than in one-and two-family dwellings,shall be lighted at all times with at least a sixty-watt(60w)standard incandescent light bulb for each two hundred (200) square feet (19 m2) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than thirty (30) feet (9144 mm).In other than residential occupancies,means of egress,including exterior -23- means of egress, stairways shall be illuminated at all times the building space served by the means of egress is occupied with a minimum of one (1) footcandle (I I lux) at floors, landings and treads." Section 47. That Section 403.1 is hereby amended to read as follows: "403.1 Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least forty-five(45) percent of the minimum glazed area required in Section 402.1. Each window must open directly onto a street or public alley or a yard or court located on the same lot as the building. Exception: 1. Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight (8) percent of the floor area of the interior room or space, but not less than twenty-five (25) square feet (2.33 m2). The ventilation openings to the outdoors shall be based on a total floor area being ventilated. 2. Required windows may open into a roofed porch where the porch abuts a street,yard or court;has a ceiling height of not less than seven(7)feet(2134 mm); and has the longer side at least sixty-five (65) percent open and unobstructed." Section 48. That the title to Section 404 shall be amended to read as follows: "SECTION 404 OCCUPANCY STANDARDS" Section 49. That Section 404.2 through 404.4.1 are deleted in their entirety as follows: Section 50. That Sections 404.4.2 and 404.4.3 are hereby amended to read as follows: "404.4.2 Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces. Exception: Units that contain fewer than two (2)bedrooms." "404.4.3 Water closet accessibility. Every bedroom shall have access to at least one (1) water closet and one (1) lavatory without passing through another bedroom. " -24- Section 51. That Section 404.5 is hereby deleted in its entirety as follows: Section 52. That Section 404.6 is hereby deleted in its entirety as follows: Section 53. That Section 502.1 is hereby amended to read as follows: "502.1 Dwelling units. Every dwelling unit shall contain its own approved bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory." Section 54. That Section 503.3 is hereby amended to read as follows: "503.3 Location of employee toilet facilities.Toilet facilities shall have access from within the employees'working area.The required toilet facilities shall be located not more than one story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of five hundred(500)feet(152 m). Employee facilities shall either be separate facilities or combined employee and public facilities. Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership,lease or control, shall not exceed a travel distance of five hundred (500) feet (152 m) from the employees' regular working area to the facilities." Section 55. That Section 505.4 is hereby amended to read as follows: "505.4 Water heating facilities.Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than one hundred ten degrees Fahrenheit (110°F) (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed,unless adequate combustion air is provided.An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters." Section 56. That Section 602.2 is hereby deleted in its entirety as follows: Section 57. That Section 602.3 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 -25- from September 15 to May 15 to maintain a temperature of not less than sixty-eight degrees Fahrenheit (68°F) (20°C) in all habitable rooms, bathrooms, and toilet rooms. Exception: When the outdoor temperature is below the winter outdoor design temperature of four degrees Fahrenheit(4°F),maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity." Section 58. That Section 602.4 is hereby deleted in their entirety as follows: Section 59. That Section 603 is hereby amended by the addition of a new Section 603.1.1 which reads in its entirety as follows: "603.1.1 Solid Fuel Appliances and Fireplaces No solid fuel appliances or fireplaces shall be located in any sleeping room unless; (1) permanent combustion air from the exterior or from spaces connecting directly with the exterior is provided and is adequate to ensure proper combustion and chimney operation;and(2)the total area of such openings is at least one-half ('/2) of the cross-sectional area of the chimney serving the appliance or fireplace." Section 60. That Section 603.2 is hereby amended to read as follows: "603.2 Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Fuel-gas cooking appliances installed in accordance with applicable international codes adopted by the City." Section 61. That Section 603 is hereby amended by the addition of a new Section 603.4.1 which reads in its entirety as follows: "603.4.1 Rental dwelling units. All mechanical equipment within any rental dwelling unit and guestroom shall be of an approved type for the location and all gas or liquid fuel-burning equipment shall have an approved automatic safety fuel shutoff, an accessible manual fuel shutoff valve, a listed appliance fuel connector, and a vent as specified in the International Mechanical Code and International Fuel- Gas Code as adopted in City Code Section 5-106." Section 62. That Section 603 is hereby amended by the addition of new Section 603.5.1 which reads in its entirety as follows: -26- "603.5.1 Liquid or gas fuel-burning appliances. A gas or liquid fuel-burning appliance shall not be located in any bedroom or bathroom of a rental dwelling unit or in any other confined space that has access only through such room or space unless the appliance is of an approved direct-vent type. Gas cooking appliances shall not be used for space heating of any portion of a dwelling or guestroom." Section 63. That Section 603 is hereby amended by the addition of a new Section 603.7 which reads in its entirety as follows: "603.7 Portable fuel appliances. Portable fuel burning appliances are prohibited." Section 64. That Section 603 is hereby amended by the addition of a new Section 603.8 which reads in its entirety as follows: "603.8 Carbon monoxide alarms. Every rental housing unit containing fuel- burning appliances(s) or constructed with an attached garage shall be provided with an approved carbon monoxide alarm maintained in sound operational condition." Section 65. That Section 604.2 is hereby amended to read 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, single- phase electrical service having a rating of not less than sixty (60) amperes." Section 66. That Sections 605.2 and 605.3 are hereby amended to read as follows: "605.2 Receptacles.Every habitable space in a dwelling shall contain at least two(2) separate and remote receptacle outlets. Every laundry area shall contain at least one (1) grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one (1) receptacle with a ground fault circuit interrupter. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. Receptacle outlets installed in kitchens, garages, unfinished basements and exterior locations shall have ground fault circuit interrupters." "605.3 Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room,boiler room and furnace room shall contain at least one(1) electric luminaire." Section 67. That Section 605 is hereby amended by the addition of new Sections 605.4 and 605.5 which read in their entirety as follows: "605.4 Extension cords. All extension cords which have been installed in any rental dwelling unit by being wired directly to permanent wiring or in inside walls,through -27- floors, under carpets, attached to trim or walls and by similar methods shall be eliminated, and permanent outlets shall be installed to provide necessary electrical supply. 605.5 Circuits. Each branch circuit, feeder, appliance and sub-panel shall have overcurrent protection not exceeding its rating." Section 68. That Section 606.1 and 606.2 are hereby amended to read as follows: "606.1 General. Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A 17.1.The most current certification of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, or the certificate shall be available for public inspection in the office of the building operator. The inspection and tests shall be performed at not less than the periodical intervals listed in ASME A17.1, as specified by the State of Colorado." "606.2 Elevators. In buildings equipped with passenger elevators, at least one (1) elevator shall be maintained in operation at all times when the building is occupied. Exception:Buildings equipped with only one(1)elevator shall be permitted to have the elevator temporarily out of service for testing or servicing." Section 69. That Section 702.4 is hereby amended to read as follows: "702.4 Emergency escape openings.Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following.Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools.Bars, grilles,grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. The minimum net clear opening size shall comply with the City Building Code that was in effect at the time of construction or shall provide a minimum net clear opening of no less than seven hundred twenty(720) square inches, whichever is greater, and shall not have a sill height greater than forty-eight(48)inches as measured above the interior floor level of the room in which such opening is located." Section 70. That Section 702 is hereby amended by the addition of new Section 702.4.1 and 702.4.2 which read in their entirety as follows: "702.4.1 Rental dwelling unit emergency escape/accessEveryrental dwelling unit or guestroom shall have access directly to the outside or to a public corridor which leads to an exterior exit. Such exits shall be maintained in a safe condition and -28- installed in accordance with all applicable laws at the time of their construction and shall be enlarged or expanded in relation to any increase in occupant load,alteration, addition or any change in occupancy as defined in the City Building Code as adopted in § 5-26. For Group R, Division 1, 2 and 3 occupancies, as defined in the City Building Code as adopted in § 5-26 more than two (2) stories in height, the provisions of Chapter 34,Existing Buildings,or the equivalent provisions of the City Building and Fire Codes, whichever is currently in effect, shall apply. All occupants shall have unobstructed access to the public way." "702.4.2 Rental dwelling sleeping room egress. Where any sleeping room within a rental dwelling unit is located below the first story, such sleeping room shall be provided with an egress window having a maximum sill height of forty-eight (48) inches above the floor and a minimum openable area of seven hundred twenty(720) square inches." Section 71. That Sections 704.1 and 704.2 are hereby amended to read as follows: "704.1 General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the adopted Fire Code." "704.2 Smoke alarms.Single ormultiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and in dwellings not regulated in Group R occupancies, regardless of occupant load at all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. 2. In each room used for sleeping purposes. 3. In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. Single or multiple-station smoke alarms shall be installed in other groups in accordance with the adopted Fire Code." Section 72. That an Appendix A shall be incorporated into the 2006International Property Maintenance Code(IPMC)',as adopted by the City and shall read in its entirety as follows: APPENDIX A Appendix A is intended to provide the code official and property owner with a sample list of conditions that are considered to be substandard or dangerous for the purposes of this code so that such conditions require some degree of repair or correction. Substandard conditions are conditions which, if not corrected, may -29- become dangerous conditions at any time. Substandard conditions shall be corrected as specified in this code. Dangerous conditions shall be corrected as determined by the code official. The following lists are intended to address most commonly observed conditions and are not to be considered totally inclusive. "A101 Exterior Substandard conditions. The following conditions shall be determined as substandard and repaired or replaced to comply with the International Building Code as required for existing buildings: 1. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is displaced or has deteriorated; 2. Structures or components thereof have reached their limit state; 3. Siding and masonry joints, including joints between the building envelope and the perimeter of windows, door, and skylights, are not maintained, weather resistant or water-tight; 4. Structural members have evidence of substantial deterioration or deflection; 5. Foundation systems lack support, are not substantially plumb and free from open cracks and breaks. 6. Exterior walls are not adequately anchored or supported elements are not substantially plumb and free of holes, cracks,breaks or loose or deteriorated materials. 7. Roofing or roofing components have defects that admit rain, roof surfaces have inadequate drainage, or any portion of the roof framing is not in sound condition or shows signs of deterioration or fatigue or lack adequate anchorage. 8. Flooring and flooring components have defects that affect serviceability or flooring components show signs of substantial deterioration or fatigue or are not adequately anchored. 9. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features are not adequately anchored. 10. Overhang extensions or projections including,but not limited to,trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts are not adequately anchored. -30- 11. Exterior stairs, decks, porches, balconies, and all similar appurtenances attached thereto,including guards and handrails,are significantly deteriorated or are inadequately anchored. 12. Chimneys, cooling towers, smoke stacks and similar appurtenances are significantly deteriorated or are inadequately anchored. Exceptions: 1. When substantiated otherwise by an approved method. 2. Demolition of substandard conditions shall be permitted when approved by the code official." "A102. Interior substandard conditions. The following conditions shall be repaired or replaced to comply with the International Building Code or as required for existing buildings: 1. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is no longer in place or has deteriorated; 2. Structures or components thereof have reached their limit state; 3. Stairs,landings,balconies and all similar walking surfaces,including guards and handrails, are significantly deteriorated or are inadequately anchored; 4. Foundation systems are not lack support,are not substantially plumb and free from open cracks and breaks. Exceptions: I. When substantiated otherwise by an approved method. 2. Demolition of substandard conditions shall be permitted when approved by the code official." "A103 Substandard component conditions. Where any ofthe following conditions cause the component or system to reach its limit state,the component or system shall be deemed substandard and shall be repaired or replaced so as to comply with the International Building Code as required for existing buildings: 1. Conditions that have resulted in any of the following: 1.1. Movement or displacement of footing or foundation system; 1.2. Damage to footing, foundation, concrete or other structural element due to soil expansion; -31- 1.3. Adverse effects to the footing, foundation, concrete or other structural element due to a chemical reaction from the soil; 1.4. Inadequate soil as determined by a geo-technical investigation; 1.5. Adverse effects to the footing, foundation, concrete or other structural element due to the ground water table. 2. Structural/concrete that hasbeen subjected to any of the following conditions: 2.1. Significant deterioration; 2.2. Fractures; 2.3. Fissures; 2.4. Spalling; 2.5. Exposed reinforcement; or 2.6. Detached, dislodged or failing connections. 3. Aluminum that has been subjected to any of the following conditions: 3.1. Significant deterioration; 3.2. Corrosion; 3.3. Elastic deformation; 3.4. Stress or strain cracks; 3.5. Joint fatigue; or 3.6. Detached, dislodged or failing connections. 4. Masonry that has been subjected to any of the following conditions: 4.1. Significant deterioration; 4.2. Fractures in masonry or mortar joints; 4.3. Fissures in masonry or mortar joints; 4.4. Spalling; 4.5. Exposed reinforcement; or 4.6. Detached, dislodged or failing connections. 5. Steel that has been subjected to any of the following conditions: 5.1. Significant deterioration; 5.2. Elastic deformation; 5.3. Metal fatigue; or 5.4. Detached, dislodged or failing connections. 6. Wood that has been subjected to any of the following conditions: 6.1. Significant deterioration; 6.2. Damage from insects, rodents and other vermin; 6.3. Fire damage beyond charring; -32- 6.4. Significant splits and checks; 6.5. Horizontal shear cracks; 6.6. Vertical shear cracks; 6.7. Inadequate support; 6.8. Detached, dislodged or failing connections; or 6.9. Excessive cutting and notching. Exceptions: 1. When substantiated otherwise by an approved method. 2. Demolition of substandard conditions shall be permitted when approved by the code official." "A 104 Dangerous elements,structures,or equipment shall include,but not be limited to condition(s) in which: 1. Any door, aisle,passageway, stairway,exit or other means of egress does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings; 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, damaged or otherwise unsafe as to not provide safe and adequate means of egress; 3. Any portion of a building, structure or appurtenance has been damaged by fire,earthquake,wind,flood,deterioration,neglect,abandonment,vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged; 4. Any portion of a building,or any member,appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored,attached or fastened in place so as to be capable of resisting natural or artificial loads equal to or greater than seventy-five (75) percent of the original designed value; 5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support,or for any other reason,is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way; 6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy; -33- 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might enter the building; becomes a harbor for vagrants, criminals or immoral persons; or enables persons to resort to the building or structure for committing a nuisance or an unlawful act; 8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety; 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official, in consultation with the Health Officer, to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 10. Any building or structure, because of a lack of sufficient or proper fire- resistive construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health; or 11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public." Introduced, considered favorably on first reading, and ordered published this 7th day of October, A.D. 2008, and to be presented for final passage on the 21 st day of October, A.D. 2008. Mayor ATTEST: Chief Deputy City Clerk -34- Passed and adopted on final reading on the 21 st day of October, A.D. 2008. Mayor ATTEST: City Clerk -35- ORDINANCE NO . 109, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 5 , ARTICLE VI, DIVISION 5 , OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO SUPPLEMENTAL RENTAL HOUSING PROVISIONS WHEREAS , the City is adopting a model code, the International Property Maintenance Code (IPMC), in Section 5 -46 of the City Code, with local amendments in Section 5 -47 thereof, to replace the Dangerous Building Code and address issues of building and premises standards, maintenance, and enforcement procedures; and WHEREAS , the provisions of the City Building Codes, including the IPMC , as amended, apply to all buildings, including rental housing; and WHEREAS, much of what has been included in the current Rental Housing Standards contained in Chapter 5 , Article VI of the City Code is adequately covered in the City Building Codes as adopted and amended and those provisions in Chapter 5 , Article VI that are duplicative should be repealed; and WHEREAS , there are certain rental housing provisions in Chapter 5 , Article VI dealing with remodels, conversions, certificates of occupancy, posting and inspection of records that are not contained in the adopted and amended City Building Codes, and the City Council desires to retain those provisions to supplement the City Building Codes ; and WHEREAS , the City Council finds that the amendments proposed below protect and promote the health, safety and welfare of the public and the citizens of the City of Fort collins . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 5 , Article VI, Division 5 of the Code of the City of Fort Collins is hereby amended and revised in the following respects : Section 1 . That Section 5 -236 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 5-236. Definitions. For the purposes of this Article, certain terms, phrases, words and their derivatives shall be construed as expressly stated herein and as follows : Words stated in the present tense include the future ; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. Where terms are not defined in this Division and are defined in the City Code, Land Use Code, the International Building Code, International Fire Code, Land Use Code, International Plumbing Code, International Mechanical Code or the ICC Electrical Code, such terms shall have the meanings ascribed to them as stated in those codes . Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies . Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit" "housekeeping unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof. " Owner shall mean any person whose name appears on the tax bill for the property or who, alone or jointly or severally with others , has legal title to any dwelling or dwelling unit, with or without actual possession thereof, or has charge, care or control of any dwelling or dwelling unit as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee or assignee of rents . Owner shall not include any person, group of persons, company, association or corporation who holds only a security interest or easement on the real property upon which the dwelling or dwelling unit is situated. Property manager shall mean any person, group of persons, company, firm or corporation charged with the care and control of rental housing as defined below who performs services with respect to such rental housing under a contract with the owner thereof or who otherwise acts as representative of an owner with respect to such rental housing. Rental dwelling unit shall mean one ( 1 ) or more rooms occupied or intended to be occupied as a unit exclusively for residential purposes that is leased, rented or sublet for compensation (including money or services or the sharing of expenses) and that is located in a boarding house or a single-family, two-family or multi-family dwelling. Rental housing shall mean any building or mobile home or portion thereof, including the lot, tract or parcel of land on which the same is located, containing any dwelling unit, or guest room which is leased, rented or sublet to a family or person(s) for compensation (including money or services, and the sharing of expenses) . Section 2 . That Section 5 -237 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 5-237. Purpose. This Article supplements the provisions contained in the adopted City Building Codes, including the IPMC and is necessary to protect the public health, safety and welfare of the people of the City by regulating and controlling the use and occupancy, location and maintenance of all rental housing within the City. Section 3 . That Section 5 -238 of the Code of the City of Fort Collins is hereby amended to read as follows : -2- Sec. 5-238. Applicability. (a) In General. The provisions of this Article shall apply to all rental housing. All rental housing shall also conform to the applicable City Land Use Code and City Building Codes, including the IPMC, as adopted and amended in Section 5 -46 and 47 . Section 4. That Section 5 -239 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 5-239. Compliance required . (a) It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the occupancy of said building or structure in violation of this Chapter. Section 5 . That Section 5 -240 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec . 5-240. Dwelling condition. Any rental housing, the associated premises, and any equipment thereon or portion thereof determined to be substandard, dangerous, or unfit for occupancy pursuant to the IPMC as adopted and amended in§ § 5 -46 and 5 -47 of this Chapter shall be abated by repair, rehabilitation, vacation, demolition or removal in accordance with the procedure specified in § § 5 -46 and 5 -47 , or through any other procedure allowed by law or ordinance. Section 6 . That Section 5 -257 of the Code of the City of Fort Collins is hereby deleted in its amended to read as follows : Sec. 5-257. Inspection. Inspection of rental housing shall be pursuant to the provisions of 104 of the IPMC as adopted and amended in Section 5 -46 and 5 -47 . Section 7 . That Section 5 -258 of the Code of the City of Fort Collins is hereby amended to read as follows : - 3 - Sec. 5-257. Maintenance of premises ; compliance with codes. Liability and responsibility for maintenance of premises and compliance with codes shall be pursuant to the provisions of Section 107 of the IPMC as adopted and amended in Section 5 -46 and 5 -47 . Section 8 . That Section 5 -259 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec . 5-258. Appeals. (a) General. Except for violations of § § 5 -263 and 5 -264 which are governed by the provisions in § 19-36 et seq. , and in order to provide for final interpretation of the provisions of this Article and to hear appeals provided for hereunder, the Building Review Board as established in § 2- 117 shall serve in such capacity within the procedures outlined therein and as set forth in § § 5 -46 and 5 -47 . Section 9 . That Section 5 -260 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec . 5-259 . Permits required . It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure regulated by this Article without first obtaining a separate permit for each building or structure from the Building Official in the manner and according to the applicable conditions prescribed in the City Building Codes. Section 10 . That Section 5 of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 5 -260 which reads in its entirety as follows : Sec . 5-260. Certificate of occupancy required. It shall be unlawful for any person to rent or offer to rent all or any portion of any building containing two (2) or more dwelling units without having first obtained a certificate of occupancy for each dwelling unit therein. Section f f . That Section 5 --261 of the eode of the eity of Fort eoiiins is hereby amended to read as follows . Sec . 5-26f . fees . the eity Buflding eodes , or development review is required by the hand Use eode , -4- utility fees or capital e I Frovement fees, shall be paid to the eity as seetion.. a rental dwelling unit at the time of its eonstruction or eonversion to its eurrent ttse , the owner of such unit shall obtain a certificate of occnpancy prior to renting or continning to rent snch Unit. fn order to obtain snch certificate of occupancy, the owner shall pay those fees that are in effeet at the time of the issuanee of the produce elear and convincing evidence of the date of construction of the Unit or the conversion of the sanic to a rentat dwelfing unit, or the date that the nnit was first used as a rental dwelling unit, and affirms tinder penalty of pe ury that the owne was a bona fide purchaser of the dwelling in which the unit is contained and was withont notiM or laiowledge of the existence thercin of any trnit which did not have ki ) if the date of constructio i or first use of the unit was prior to f 965 , the fees that woufd have been payabfc in order for certificate of occupancy to have been issred on snch date shall be waived; o (fi) if the date of 7 conversion or first use was f 965 or later, the fees that wonid have been payable in order f6r a ccrtificate o occupancy to have been issued on such date shall be paid by the owner. Nothing herein shall reficvc the owncr ftom obtaining, and paying—aff associated kes for, such building permits as may be required to bring such dwelling unit into compliance with the reqttirements of this Article . Section 112. That Section 5 -262 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 5-262. Inspection of construction or conversion. All buildings or structures within the scope of this Article and all construction or work for which a permit is required shall be subject to inspection by the Building Official in accordance with and in the manner provided by this Article and the City Building Codes . Section 12-a. That Section 5 -263 of the Code of the City of Fort Collins is hereby amended to read as follows : -5 - Sec. 5-263. Certificate required for occupancy of dwelling units contained in single-family or two-family dwellings in excess of limit; conditions ; revocation or suspension. (a) No dwelling unit contained in a single-family or two-family dwelling shall be occupied by more persons than the number of persons permitted under Section 3 . 8 . 16 of the Land Use Code unless a certificate of occupancy for an extra- occupancy rental house (boarding house) has been issued for such dwelling by the Building Official . (b) Terms and conditions imposed upon a certificate of occupancy as a boarding house may include, but are not limited to, compliance with all state laws, City ordinances, rules and regulations, and court or administrative orders. (c) In determining whether to revoke or suspend a previously issued certificate of occupancy, the Building Official may consider any history or pattern of Code violations related to the use of the property, or any failure on the part of the applicant or the applicant's property manager or tenants to abate or correct violations at the property as ordered by an enforcement official, referee or judge . Section 134. That Section 5 -265 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 5-265. Violation ; minimum penalties. For violations other than those committed as a result of any building, structure, equipment, or premises being found by the Building Official to be substandard, dangerous, unfit for human occupancy, which violations and penalties are set forth in the IPMC as adopted and amended in § § 5 -46 and 5 -47, an owner, property manager or occupant who violates § 5 -263 and 5 -264 commits a civil infraction and is subject to the provisions contained in § 1 - 15 . In addition, the building official may revoke or suspend any permit or certificate issued by the city with respect to the dwelling. Section 145. That Section 5 -266 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 5-266. Responsibilities of owner. Responsibility of owners shall be as described in the provisions contained in Section 107 of the IPMC, as amended and adopted in Sections 5 -46 and 5 -47 . Section 156. That Section 5 of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 5 -275 which reads in its entirety as follows : Section 5-275 Minimum Standards -6- The minimum standards for rental housing shall be pursuant to the provisions of the IPMC as adopted and amended in Sections 5 -46 and 5 -47 . Section 16-7. That Section 5 -276 through Section 5 -314 of the Code of the City of Fort Collins are hereby deleted in its entirety. Introduced, considered favorably on first reading, and ordered published this 7th day of October, A.D . 2008 , and to be presented for final passage on the 21 st day of October, A.D . 2008 . Mayor ATTEST : Chief Deputy City Clerk Passed and adopted on final reading on the 21 st day of October, A.D . 2008 . Mayor ATTEST : City Clerk -7-