Buildings and Construction
Amendments and Additions.
Incorporated by reference.
The following sections of the IPMC, as adopted by Section 15.20.010, are amended as follows:
A. Amend Section 101.1 Title, of the IPMC by replacing “NAME OF JURISDICTION” with “City of Shawnee, Kansas.”
B. Amend by omitting Section 103.1 General, of the IPMC, in its entirety, and amend by adding a new Section 103.1, which reads:
All references to the code official in this code shall mean the Chief Codes Administrator.
C. Amend by omitting Sections 103.2, 103.3, and 103.5, of the IPMC, in their entirety.
D. Amend by omitting Sections 104.3, of the IPMC in its entirety, and amend by adding a new Section 104.3, which reads:
The code official may make inspections of private property, or may order that a qualified third party inspector provide inspections and reports of private property. The codes official is authorized to order that the owner of the property hire and pay for the qualified third party inspector to provide written reports on specific portions of a property to ensure compliance with this code. An order for approved third party inspections and reports may be appealed as provided for by this code.
All third party inspectors shall be approved by the code official prior to being hired by the owner. The code official’s approval shall be based on the inspector’s qualifications to perform the required inspections, and on the inspector’s training, professional or trade license, experience and ability to provide the written reports.
Code official orders for approved third party inspections and reports shall be in writing, shall identify the reason for requiring the reports, the specific date by which the report must be submitted, and shall state the specific portions of the property or structure that require inspection and the information required to be included within the report.
It shall be unlawful for an owner to fail to provide the report, as specified in the code official’s order, to the code official by the date specified in the written order. Should the property owner fail to provide the report, as specified in the code official’s order, the code official is authorized to employ a qualified third party inspector and may assess the associated costs as provided for in Section 106.3 of this code.
E. Amend by omitting Sections 106.3, of the IPMC in its entirety, and amend by adding a new Section 106.3, which reads:
106.3 Enforcement and Violation provisions.
The enforcement and violation provisions of this code shall be as set forth in Chapter 15.02 of the Shawnee Municipal Code.
In addition to those provisions, the Governing Body may have removed or abated from any lot or parcel of ground within the City any violation of this code. The Governing Body hereby delegates to the codes officer the duty of determining when a violation of this Chapter constitutes a nuisance, and is therefore a menace and danger to the health of the inhabitants of the City, or of any neighborhood, family or resident of the City. This determination shall be made in written form by the Public Officer, acting on behalf of the Governing Body. The Governing Body may, by Resolution, also make such a determination.
The Governing Body hereby designates the codes officer as the agent of the Governing Body for the purpose of removing and abating a violation of this Chapter. Upon a written determination that a violation of this code constitutes a nuisance, such agent is hereby delegated and authorized to issue on behalf of the Governing Body the Order and Notice of Violation authorized by this code.
Such Order and Notice of Violation shall state:
A. The street address or a legal description sufficient for identification of the property.
B. The statement by the codes officer that such officer has found the owner's property to be in violation of this Chapter and a detailed description of the conditions of the property constituting the violation or violations.
C. A statement by the codes officer ordering that such violation be removed or abated within a time, not exceeding forty days, to be specified in the Order and Notice of Violation, and ordering that any required permits be secured.
D. The Order and Notice of Violation shall state that before the expiration of the period for removal or abatement of the violation, the recipient thereof may request in writing a hearing before the designated Board of Appeals.
The Order and Notice of Violation shall be served on the owner or agent of such property by certified mail, return receipt requested, or by personal service. If the property is unoccupied and the owner is a nonresident, then by mailing the Order and Notice of Violation by certified mail, return receipt requested, to the last known address of the owner. If the owner or agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of an Order and Notice of Violation sent pursuant to this section during the preceding twenty-four month period, notice of the issuance of any further Order and Notice of Violation or other orders to abate or remove a nuisance from such property may be served in the manner provided by the preceding paragraph, or by, but not limited to, door hangers, conspicuously posting notice of such Order and Notice of Violation on the property, personal notification, telephone communication, facsimile transmission with verification, or first class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given in person, by telephone or facsimile communication or first class mail.
If the owner or agent fails to comply with the requirement of the Order and Notice of Violation, for a period longer than that named in the Order and Notice of Violation, the Public Officer shall proceed to have the things described in the Order and Notice of Violation removed and abated. If the Public Officer abates or removes the nuisance, the Public Officer shall give notice to the owner or agent by certified mail, return receipt requested, of the total cost of such abatement or removal incurred by the City. Such notice also shall state that payment of such cost is due and payable within 30 days following receipt of such notice. The City also may recover the cost of providing notice, including any postage, required by this section. If the cost of such removal or abatement and notice is not paid within the thirty-day period, the cost shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed and charged against the lot or parcel of ground on which the nuisance was located. If the cost is to be assessed, the city clerk, at the time of certifying other city taxes to the county clerk, shall certify such costs, and the county clerk shall extend the same on the tax roll of the county against the lot or parcel of ground, and it shall be collected by the county treasurer and paid to the City as other city taxes are collected and paid. The City may pursue collection both by levying a special assessment and in the manner provided by K.S.A. 12-1,115, and amendments thereto, but only until the full cost and any applicable interest has been paid in full.
F. Amend by omitting Sections 106.4 and 106.5 of the IPMC in their entirety, and amend by adding a new Section 106.4, which reads:
106.4 Penalty provisions.
Penalties for noncompliance with orders and notices shall be as set forth in Chapter 15.02 of the Shawnee Municipal Code.
G. Amend by omitting Sections 110.2, 110.3, and 110.4 of the IPMC in their entirety, and amend by adding a new Section 110.2, which reads:
110.2 Abatement of Dangerous buildings.
The abatement of dangerous and unsafe buildings and structures shall be governed by the provisions of Chapter 15.28 of the Shawnee Municipal Code.
H. Amend by omitting Section 111 of the IPMC in its entirety, and amend by adding a new Section 111, which reads:
SECTION 111 MEANS OF APPEAL
111.1 Board of appeals.
The Governing Body hereby designates the Board of Appeals established by Section 15.04.020 of the Shawnee Municipal Code, and amendments thereto, to serve as the authorized and designated agent of the Governing Body for the purpose of considering and reviewing a request for hearing provided by this code.
A. The presence of a majority of the appointed members of the Board shall constitute a quorum for transacting business and taking official action. The secretary of the Board shall keep minutes of the proceedings and official actions, and shall file these minutes with the Governing Body.
B. The Board shall administer the details of appeals, and shall have the power to grant variances and exceptions when unusual circumstances exist that make the literal enforcement of this Chapter result in an unnecessary hardship. The Board shall also have the power to grant extensions of time for correction of violations, to modify provisions of this Chapter for unique situations, and rule on other provisions of this Chapter where specifically indicated by this Chapter. The conditions of approval for any variance or exception granted by the Board shall be fulfilled within the time limits specified by the Board, or the variance or exception shall become null and void.
C. Any owner or agent may appeal an Order and Notice of Violation issued under Section 107 to the Board of Appeals by submitting a written appeal request to the code official within ten days of the date of the service of the Order and Notice of Violation. No precise form of appeal is required. The code official upon receiving the appeal request shall schedule the appeal and notify in writing the person taking the appeal, and any other person who asks in writing for notice.
D. All decisions of the Board shall be in writing and the decision rendered shall be a final administrative decision, unless a request for review is submitted by at least four members of the Governing Body, not more than fourteen days from the date of the Board decision. The Governing Body may reaffirm the decision, modify the decision, or take other action as deemed necessary.
I. Amend by omitting Section 302.4 of the IPMC in its entirety, and amend by adding a new Section 302.4, which reads:
Noxious weed and tall grass shall be governed by the provisions of Chapter 8.24 of the Shawnee Municipal Code.
J. Amend by omitting Section 302.8 of the IPMC in its entirety, and amend by adding a new Section 302.8, which reads:
302.8 Motor vehicles.
Motor vehicles shall be governed by the applicable provisions of Chapter 8.32 and Title 10 of the Shawnee Municipal Code.
K. Amend by adding a new Section 302.10 to the IPMC, which reads:
02.10 Creating or maintaining a hazard.
It shall be unlawful for any property owner, tenant, or other person with control, occupancy, or possession of real property to allow or maintain a hazard, nuisance, or unsafe structure to exist within the City, including but not limited to:
Storing or abandoning in any place accessible to children, a container which has a compartment of more than one-and-one-half-cubic-foot capacity and a door or lid which locks or fastens automatically when closed or which cannot be easily opened from the inside; or
Being an owner or otherwise having possession of property upon which a cistern, well or cesspool is located, and knowingly failing to cover the same with protective covering of sufficient strength and quality to prevent entry by persons or domestic animals; or
Exposing, abandoning or otherwise leaving any explosive or dangerous substance in a place accessible to children; or
Storing, placing, or allowing an animal carcass to remain outdoors, unless the property is zoned AG (agricultural district).
L. Amend Section 303.2 Enclosures, of the IPMC by replacing “fence or barrier at least 48 inches (1219 mm) in height” with “fence or barrier at least 72 inches (1829 mm) in height.”
M. Amend Section 304.14 Insect screens of the IPMC by replacing “[DATE] to [DATE]” with “May 1 to September 30.”
N. Amend Section 602.3 Heat supply of the IPMC by replacing “[DATE] to [DATE]” with “October 1 to April 30.”
O. Amend Section 602.4 Occupiable work spaces of the IPMC by replacing “[DATE] to [DATE]” with “October 1 to April 30.” (Ord. 2853, 2007
; Prior Ord. 2760, 2005