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Home My WebLink AboutAmend Chapter 6, Article 8, Section 37 to update the property maintenance codeORDINANCE No. 9195-01 Passed by the Common Council of the City of South Bend, Indiana February 12, Attest: Attest: X 01 20 Presented by me to the Mayor of the City of South Bend, Indiana F~hruar} ~:~, 20 ~1 Ciry Clerk President of Common Council Ciry Clerk Approved and signed by me February 14, 20 01 Mayor ORDINANCE NO. 1 ~ ~ ~ ~y' AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8, SECTION 37 OF THE SOUTH BEND MUNICIPAL CODE, TO UPDATE THE PROPERTY MAINTENANCE CODE STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Section 6-37 of the South Bend Municipal Code, to replace the 1996 Building Officials and Code Administrators current International Property Maintenance Code, 2000 Edition, published by the International Code Council (ICC). The Common Council of the City of South Bend determines that it is necessary to incorporate the 2000 Edition ofthe International Property Maintenance Code to update the Property Maintenance Standards of the City and to enable the Building and Code Enforcement Officials responsible for enforcing building standards to use the most current standards available. SECTION I. Chapter 6, Article 8, Section 6-37, of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 6-37. Property Maintenance Code. (a) Adoption byreference. The 2000 sedition of the B-OC-r4 Internf~ational Property Maintenance Codefl-996, promulgated by the International Code Council (ICC)+r~, is hereby adopted by reference as fully as if set forth herein to govern existing buildings and structures in the city, except for the additions or deletions which are specified in this section. At least two (2) copies of the 8$C-A 2000 edition of the Internf~}ational Property Maintenance Code~1-996, shall be kept in the Delepartment of Code Enforcement for public inspection. (b) Additions, modifications and deletions. The provisions of the 2000 Edition of the ~@EA Internf~}ational Property Maintenance Code~996, adopted by subsection (a) shall be modified, added to or deleted so that the following articles, sections or subsections shall read as follows: (1) Section _ (2) Sections ~-102.6. 103, 106, 107, 109, 110, and 111 shall be deleted in their entirety. 102.3 shall be modified to read in its entirety as follows: ~~ The definition for "workmanlike" in ~teie Chapter 2 shall be modified to read as follows: Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged, and without marring adjacentwork. To be workmanlike, maintenance or repair work must be performed in a manner consistent with work done by a skilled craftsman. In general, floors should be level, walls plumb and square, and windows installed so that they operate easily and fit within the rough opening to exclude the elements. Section 301.2 shall be modified to read in its entirety as follows: Responsibility. The owner of the premises shall maintain the structures and exterior (6) Section f''fbt-391-5 303.14 shall be, and hereby is, amended to read as follows: Every door, window and other outside opening trttftzed-ef required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch X16 mesh per 25mm) and every swinging door shall have aself-closing device in good working condition. (7) Section .304.1 shall be modified to read in its entirety as follows: General. The interiorof a structure and eauiomenttherein sha11 be maintained in aood repair. structurally r more nonre and exterior ~ropert~ Sections (5) Sections f'f~ 302.1, 302.4, 302.8, 303.3, 303.4 and ~1--303.8 shall be deleted in their entirety. (9) Section PRA-602.3 shall be modified to read in its entirety as follows: Exception: When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code. temperature conditions. 2. Areas in which persons are primarily engaged in vigorous physical activities. (c) Adoption of Unsafe Building Law. Pursuant to the authority granted by the Indiana General Assembly through the Acts of 1981, Public Law 309, § 28, the City of South Bend, Indiana, hereby adopts the Enforcement of Building Standards Law, being IC 36-7-9-1 through 36-7-9-28, as it may be amended from time to time; and incorporates herein the definition of "substantial property interest" contained in IC 36-7-9-2, as it may be amended from time to time. (d) Administration. The Department of Code Enforcement is hereby designated as the executive department which shall administer the provisions of the Unsafe Building Law. The Director of the Department of Code Enforcement shall be the person responsible for the administration of the Unsafe Building Law. (e) Adoption by reference. The Minimum Maintenance Standards for buildings in historic districts as adopted by the Historic Preservation Commission of South Bend and St. Joseph County at its regular monthly meeting on December 16,1991 is hereby adopted by reference as fully as if set forth herein. The Preservation Standards for Historic Landmarks in South Bend and St. Joseph County as adopted by the Historic Preservation Commission of South Bend and St. Joseph County at its regular meeting on October 21, 1975 is hereby adopted by reference as fully as if set forth herein. At least two (2) copies of the Minimum Maintenance Standards and the Preservation Standards for Historic Landmarks in South Bend and St. Joseph County shall be kept in the De}epartment of Code Enforcement for public inspection. (f) The Board of Public Safety shall have the responsibility for fixing the average "processing expense" as provided in the Unsafe Building Law. (g) Unsafe building fund: (1) As provided by Section 14 of the Unsafe Building Law, a fund designated as the "unsafe building fund" shall be established in the operating budget of the Department of Code Enforcement. Any balance remaining at the end of the fiscal year shall be carried over in the fund for the following year and shall not revert to the general fund. Monies for 1. Processing, storage and operation areas that require coolinq_orspecial such fund may be received from any source including appropriations by local, State or Federal governments, and donations. (2) As further provided by Section 15 of the Unsafe Building Law, The Code Enforcement Department may take action to transfer all or any part of any money which may exist in the "building, demolition, repair and contingent fund" created by IC 18-5-5-7, to the unsafe building fund. (h) Penalties. An ordinance citation may be issued with respect to any existing building or structure which is in violation of the provisions of the ~,4 2000 edition of the Intern f~Fational Property Maintenance Coder~996, as adopted by reference in subsection (a) and modified by subsection (b), orwhich is in violation of the Unsafe Building Law, I.C. 36-7-9-1 through I.C. 36-7-9-28, as it may be amended from time to time, adopted by reference in subsection (c), or which is in violation of the Minimum Maintenance Standards or the Preservation Standards for Historic Landmarks as adopted by reference in subsection (e). Such a citation shall be issued to any person with a substantial interest in the property affected. A citation issued pursuant to this section shall impose a fine not less than twet~- ~te fi_,y dollars ~:6~:@9~ 50.00 for the first day of violation, a fine of not less than one hundred dollars {:~59:66~ 100.00) for the second day of violation and a fine of not less than erne two hundred dollars {:~6@:6~) 200.00 for every day of violation thereafter with each day of violation constituting a separate violation for which a citation may be issued. No fine, however, shall exceed two thousand five hundred dollars ($2,500.00). (i) Public Nuisance. A building or property existing in violation of the Standards required by this section constitutes a public nuisance. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, and approval by the Mayor, and publication as required by law. - r- Member of the Common C n II 1st READING ~_~'~'-a~ AS Stx~~~* ~"~"}`~" PUBLIC HEARING ~-'~~-'~~ ~~~•` ~~~ 3rd READING y_~y -6 ~ aS S ~ NOT APPROVED REFERRED PAS~I»D 2'12.-0~ Q S S~ s~~~ r-~~ 1 ~ zoos COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 7-01 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8, SECTION 37 OF THE SOUTH BEND MUNICIPAL CODE, TO UPDATE THE PROPERTY MAINTENANCE CODE Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted. Andrew Udj ak Chairman