Chapter 9 of the International Residential Code is hereby amended to read as follows:
“Section R-908 Covenants requiring exclusive use of wood shingles.
1. Declaration of policy. The Council of the City has determined that the use of wood shingles upon a building or structure increases the hazard that the flames of a nearby fire may spread to that building or structure. Because of this finding the Council believes that the citizens of the city should not be compelled by restrictive covenants to use wood shingles for their homes, building or other structures and that the health, safety and welfare of the citizens would be promoted by making the requirements invalid and unenforceable. The Council is also aware, however, that developers and residents of subdivisions presently protected by the restrictive covenants are vitally interested in maintaining the aesthetic values of their neighborhoods that any law declaring these covenants to be invalid and unenforceable should also recognize the interest of these developers and residents.
2. Covenants requiring exclusive use of wooden roofing shingles invalid and unenforceable. All parts of all restrictive covenants contained in any deed, contract, plat or other instrument which require the exclusive use of wood shingles on any building or structure located within the city are hereby declared to be invalid and unenforceable.
3. Option of owner subject to such restrictive covenants: Pursuant to the declaration set forth in Subsection R-908(2) above, the owner of any building or structure subject to a restrictive covenant requiring the exclusive use of wooden roofing shingles shall have the option to substitute roof covering materials compatible in color and appearance with the existing roofs in the same subdivision. The determination of compatibility shall be made by the architectural committee, homeowner's association (HOA) or other similar committee of each subdivision; provided, however, that if there is no committee in existence for any subdivision, then the determination of compatibility shall be made by the City Building Inspector.
4. Limitations. The provisions of Section R-908 shall not be construed to abridge or abrogate the authority of the architectural committees of subdivisions, homeowner's association (HOA), or other similar subdivision committees in any respect other than the right to enforce restrictive covenants requiring the exclusive use of wood shingles. All other restrictive covenants shall remain in full force and effect unless addressed elsewhere in these ordinances.”
(Prior Code, § 5-212) (Am. Ord. 1420, passed 2-26-88; Am. Ord. 1792, passed 12-18-07; Am. Ord. 1974, passed 8-6-19)