Sec. 36-1. Property Maintenance Code of Big Spring.

   The International Property Maintenance Code, as published by the International Code Council, Inc., save and except Appendix B, is hereby adopted as part of the building codes of the city by reference as though they were copied herein fully including all appendices, except where expressly excluded herein.

   The following sections are hereby revised or subjected to insertion as stated:

CHAPTER 1 SCOPE AND ADMINISTRATION

PART 1 SCOPE AND APPLICATION

SECTION 101
SCOPE AND GENERAL REQUIREMENTS

SECTION 101.1 TITLE. Insert "Property Maintenance Code of Big Spring."

SECTION 102
APPLICABILITY

102.4 EXISTING REMEDIES. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure that is dangerous, unsafe, or insanitary.

102.6 STRUCTURAL ANALYSIS. Where structural analysis is used to determine if a dangerous structural condition exists, the analysis shall be permitted to use nominal strengths, nominal loads, load effects, required strengths and limit states in accordance with the requirements under which the structure was constructed or in accordance with any subsequent requirement.

PART 2 ADMINISTRATION AND ENFORCEMENT

SECTION 103
CODE COMPLIANCE AGENCY

103.1 GENERAL. Insert "Code Compliance Department."

103.2 APPOINTMENT. The code official shall be appointed by the City Manager or his designee.

SECTION 104
FEES

104.1 COSTS. The City may assess a property owner for costs incurred to demolish, board, fence, secure, vacate, relocate occupants, repair, treat, remediate or similar action identified in this code. This includes the costs incurred because a property owner fails to comply with an order of the code official. Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition. Unless exempted by the Texas Constitution or state law, the expense incurred by the City under this code may be recorded as a lien against the real property on which the building, structure, or noncompliant condition is located, with interest on the unpaid balance to accrue at the maximum rate allowed by law.

104.1.1 CIVIL PENALTY FOR ABATEMENT. In addition to costs in Section 104.1, a civil penalty of 25% of the costs is presumed to be a reasonable civil penalty, intended to fully compensate the City for its expenses including time and labor, and to deter property owners from resorting to the City for maintenance of property. The City shall assess a reasonable civil penalty against a property owner for an abatement by the City.

SECTION 105
DUTIES AND POWERS OF THE CODE OFFICIAL

105.3.1. LIMITATION OF SEARCH AND SEIZURE AUTHORITY. Nothing in Section 105.3 or any other part of the Property Maintenance Code of Big Spring shall give the code official more authority to conduct an administrative search, or any other search or seizure than allowed by the Constitution of the United States or the Texas Constitution.

SECTION 107
MEANS OF APPEAL

107.1 APPEAL. Appeals from these regulations shall be as stated through the Structural Standards Chapter of the Big Spring City Code.

107.3 RESERVED.

SECTION 108
BOARD OF APPEALS

108.1 RESERVED.

SECTION 110
STOP WORK ORDER

110.1 AUTHORITY. Where the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in an unsafe manner, the code official is authorized to issue a stop work order.

SECTION 111
UNSAFE STRUCTURES AND EQUIPMENT

111.1.1 UNSAFE STRUCTURES. An unsafe structure is one that is found to be hazardous to the life, health, property, or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is dangerous.

111.1.3.1 ACTION PLAN. If the code official finds a structure unfit for human occupancy, the code official may require the owner of the property to provide an action plan for repairs to the code official, in addition to other powers and duties of the code official.

111.1.5 HAZARDOUS STRUCTURE OR PREMISES. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described as follows shall be considered to be hazardous:

   1.   Any door, aisle, passageway, stairway, exit or other means of egress that 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, torn or otherwise unsafe as to not provide safe and adequate means of egress.

   3.   Any building, structure, or portion thereof that is dangerous.

   4.   Reserved.

   5.   Reserved.

   6.   The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.

   7.   The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, 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 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-resistance-rated 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.

   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.

111.4 NOTICE. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 111.4.1 and 111.4.2 to the owner or the owner's authorized agent, for the violation as specified in this code. Notices for civil abatement and condemnation procedures shall comply the Structural Standards Chapter.

111.4.3 COPY OF NOTICE. The code official may also provide a copy of any notice of violation to the occupant of the property.

SECTION 113
DEMOLITION

113.1 GENERAL. The code official shall order the owner or owner's authorized agent of any premises upon which is located any structure, which in the code official's or owner's authorized agent judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary 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 board up and hold for future repair or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the code official shall order the owner or owner's authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the building official.

113.4 SALVAGE MATERIALS. If the City demolishes and removes a structure, then the city, or its agent, may sell the salvage and valuable materials at the highest price obtainable.

CHAPTER 2 DEFINITIONS

SECTION 201
GENERAL

201.3 TERMS DEFINED IN OTHER CODES. Where terms are not defined in this code and are defined in the International Building Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Residential Code, International Zoning Code or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes, as adopted by ordinance.

Exception: When used within this code, the term "unsafe" shall have only the meaning ascribed to it in this code and shall not have the meaning ascribed to it by the International Existing Building Code.

SECTION 202
GENERAL DEFINITIONS

Definitions that follow which conflict or add to the International Property Maintenance Code are hereby inserted.

ACTION PLAN. A written plan that identifies repairs, the timeline for completion, alternative methods of compliance, and other appropriate items.

DANGEROUS. Any building, structure, or portion thereof that meets any of the conditions described below shall be deemed dangerous:

   1.   The building or structure has collapsed, has partially collapsed, has moved off its foundation or lacks the necessary support of the ground.

   2.   There exists a significant risk of collapse, detachment or dislodgment of any portion, member, appurtenance or ornamentation of the building or structure under permanent, routine, or frequent loads; under actual loads already in effect; or under snow, wind, rain, flood, earthquake, or other environmental loads when such loads are imminent.

GARBAGE. See definition in Big Spring City Code Section 44-1, "Garbage."

INFESTATION. The presence, within or contiguous to, a structure or premises of insects, arachnids, rodents, vermin, or other pests.

RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coke and other combustible materials, bottle caps, cigarette butts and other tobacco products coal, clothing, containers, boxes, cardboard, cartons, crockery, disposable packages, dust, excelsior, glass, gum, leather, metals, mineral matter, paper, plastic, rags, rubber, tin cans, tree branches, yard trimmings, waste building materials, wood, and other similar materials.

CHAPTER 3 GENERAL REQUIREMENTS

SECTION 301
GENERAL

301.2 RESPONSIBILITY. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements and the code under which the building was constructed, except as otherwise provided for in this code. The owner or owner's agent shall be responsible to know that any alterations or modifications to the building or portion thereof, exterior or interior, are altered or modified in accordance with the International Building Code or International Existing Building Code. A person shall not occupy as owner-occupant or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the requirements of this chapter. 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 they occupy and control.

302.1.1 STAGNANT WATER. The occupant shall keep that part of the exterior property that such occupant occupies or controls free of holes or places where water may accumulate and become stagnant or be or remain on such lot or premises or to allow or permit the accumulation of stagnant water thereon, or to permit the same to remain thereon.

SECTION 302
EXTERIOR PROPERTY AREAS

302.4 WEEDS. Insert "12 inches."

302.4.1 DEFENSE. It is a defense to prosecution to an alleged violation of 302.4 if the property within the corporate limits of the city zoned on the official zoning map as agricultural "A", allows vegetation to achieve its natural height, provided that the following clear zones are maintained to a height not to exceed 12 inches: (1) The clear zone will be maintained for 200 feet from contiguous occupied property lines; (2) Two hundred feet behind the property line along all public right-of-way; and (3) The clear zone shall be maintained within an adjoining half of a public right-of-way or adjoining half of an alley/easement.

302.4.2 DANGEROUS WEEDS. Weeds that grow higher than 48 inches and are an immediate danger to the health, life, or safety of any person are prohibited, and the code official shall have the authority to abate such weeds immediately and without notice.

302.4.3 ANNUAL NOTICE FOR WEEDS. In the notice of violation required under Section 109.2, the code official may inform the owner that if the owner commits another violation of the same kind or nature that poses a public nuisance on or before the first anniversary of the date of the notice, the city, without further notice, may correct the violation at the owner's expense and assess the expense against the property. If a violation covered by a notice under this subsection occurs within the one-year period, and the city had not been informed in writing by the owner of an ownership change, then the city, without notice, may do the work and make the improvements required and pay for the work done or improvements made and charge the expenses to the owners of the property and then assess its expenses as provided for in Section 109.3

302.7.1 FENCING. Fencing shall be solidly anchored to the ground to prevent animals from escaping by digging under the fence and sufficient height to prevent animals from escaping. An exception to this duty shall apply if an animal is not being kept on the premises behind the fence.

302.8 RESERVED.

302.9.1 OWNER RESPONSIBILITY TO REMOVE GRAFFITI. The responsibility of the owner in Section 302.9 is superseded by Big Spring City Code Section 36-12.

SECTION 304
EXTERIOR STRUCTURE

304.1.1 UNSAFE CONDITIONS. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings:

   1.   Structural members have deterioration or distress that appears to reduce their load-carrying capacity.

   2.   The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations have deterioration or distress that appears to reduce their load-carrying capacity.

   3.   Structures or components thereof have deterioration or distress that appears to reduce their load-carrying capacity.

   4.   Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not maintained, weather resistant or watertight.

   5.   Reserved.

   6.   Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.

   7.   Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.

   8.   Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and in capable of supporting all nominal loads and resisting all load effects.

            9.   Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects.

            10.   Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.

            11.   Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes, and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.

            12.   Exterior stairs, decks, porches, balconies, and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.

            13.   Chimneys, cooling towers, smokestacks, and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.

   Exceptions:

      1.   Where substantiated otherwise by an approved method.

      2.   Demolition of unsafe conditions shall be permitted where approved by the code official.

304.2. RESERVED.

304.3 PREMISES IDENTIFICATION. See Big Spring City Code Sections 46-5 and 46-6.

304.14 RESERVED.

304.5.1 FOUNDATION SKIRTING. Foundation skirting shall be maintained under the conditions of foundation walls in Section 304.5.

304.18.1 RESERVED.

SECTION 305
INTERIOR STRUCTURE

305.1.1 UNSAFE CONDITIONS. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code, the International Existing Building Code or the International Residential Code as required for existing buildings:

            1.   Structural members have deterioration or distress that appears to reduce their load-carrying capacity.

            2.   The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations have deterioration or distress that appear to reduce their load-carrying capacity.

            3.   Structures or components thereof that have deterioration or distress that appears to reduce their load-carrying capacity.

            4.   Reserved.

            5.   Stairs, landings, balconies, and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects.

            6.   Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.

   Exceptions:

      1.   Where substantiated otherwise by an approved method.

      2.   Demolition of unsafe conditions shall be permitted where approved by the code official.

SECTION 307
HANDRAILS AND GUARDRAILS

307.1.1. BACKYARDS. It is an exception to Section 307.1 that the property is located on the premises of a single-family home or twinhome.

307.1.2. GOOD REPAIR. Handrails and guards shall be maintained in good repair and in safe condition.

SECTION 308
RUBBISH AND GARBAGE

308.1.1. ACCUMULATION OF CARRION AND FILTH. Exterior property and premises, and the interior of every structure, shall be free from any accumulation of carrion, filth, or any other impure or unwholesome matter.

SECTION 310
ACCESSIBILITY.

310.1 MAINTENANCE OF FACILITIES. A facility that is required to be accessible shall be maintained accessible during occupancy.

310.1.1 EXTENT OF APPLICATION. The accessible features of a facility shall be maintained in good repair, in a clean, structurally sound, and sanitary condition and free from impediments to accessibility.

CHAPTER 4 LIGHT, VENTILATION, AND OCCUPANCY LIMITATIONS

SECTION 404
OCCUPANCY LIMITATIONS

404.15 SECTIONS NOT MANDATORY. The following sections shall not impose any legal duty; no penalty is imposed for their violation; the City is not authorized to abate a violation of them; and they shall only be recommended: Sections 404.2, 404.3, 404.4, 404.4.1, 404.4.2, 404.4.3, 404.4.4, 404.4.5, 404.4.5, 404.4.5.1, 404.4.5.2, and 404.6.

CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS

SECTION 602
HEATING FACILITIES

602.3 HEAT SUPPLY. Insert: October 1 to June 1.

602.4 OCCUPIABLE WORKSPACES. Insert: October 1 to June 1.

SECTION 605
ELECTRICAL EQUIPMENT

605.4.1 EXTENSION CORDS. Flexible cords in Section 605.4 includes extension cords.

SECTION 608
COMMERCIAL COOKING SYSTEMS

608.1 OPERATIONS AND MAINTENANCE. Commercial cooking systems shall be operated and maintained in accordance with Section 606.3 of the International Fire Code

(Ord. No. 003-2022, § 3, 1-25-2022)