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(A) Section R101.1 Title, insert (City of Columbus, NE).
(B) Section R101.2 Exception 5 is hereby amended to read as follows:
A care facility for 12 or fewer persons receiving care that are within a single-family dwelling.
(C) Section R105 Permits. Delete the Electrical, Gas, Mechanical and Plumbing provisions.
(D) R105.2 Building: #1 is hereby amended to read as follows:
One story detached accessory structures provided the floor area does not exceed 120 square feet and the structure is not located within the Floodway or Flood Plain in violation of the Unified Land Development Ordinance.
(E) Section R105.2 Building #2 is hereby deleted.
(F) Section R105.10 Building: 10 is hereby deleted.
(G) Section R105.2 Electrical, Gas, Mechanical and Plumbing provisions are hereby deleted.
(H) Section R105.5 is hereby amended to read as follows.
Expiration.
1. If the work described in any building permit has not been completed started with 180 days of issuance thereof, said permit shall expire: it shall be cancelled by the Chief Building and Code Official , and written notice given to the persons affected.
2. If the work described in any building permit has not been completed within two years from the date of issuance thereof: said permit shall expire and be cancelled by the Chief Building and Code Official , and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new permit has been obtained.
3. The expiration date of a permit may be established for a period longer than two years if established at the time that such permit is issued by the city. The Chief Building and Code Official may at his/her discretion extend the expiration period of the building permit.
(I) Section R108.2 is hereby amended to read as follows:
Schedule of Permit Fees. On buildings, structures, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. In addition, a plan review fee equal to ten percent of the building permit shall be paid for plan review.
(J) Section R108.3 is hereby amended to read as follows:
Building Permit Valuations. Building permit valuations shall include the total value of the work for which a permit is being issued, such as electrical, gas, mechanical, plumbing equipment and other permanent systems, including materials and labor. The Chief Building and Code Official is authorized to set the valuation in accordance with the most current ICC Building Valuation Data on applications as a minimum valuation when deemed necessary.
(K) Section R113.4 is hereby amended to read as follows:
Violation Penalties. Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor and the person shall be deemed guilty of a separate offense for each and everyday or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted and upon conviction shall be punishable by a fine of not more than 30 days or by both fine and imprisonment.
Whenever the Chief Building and Code Official is satisfied that any provisions of this code have been violated, are about to be violated or that any order, or direction made pursuant to this code has not been carried out or is being disregarded, he may apply to the City Council and request that it order civil proceedings to be instituted. Any civil proceedings, when instituted by the City Attorney at the direction of the City Council shall be brought in the name of the City of Columbus. Nothing in this Section and no action taken thereunder will exclude any other proceedings authorized by this code or any other law or ordinance in force or to exempt any person violating this code or any of the laws from any penalty which might be incurred.
(L) Table R301.2(1) of the 2018 International Residential Code is hereby amended to read as follows:
Table R301.2(1) |
Table R301.2(1) | |
Air Freezing Index | 1720 |
Flood Hazard | Adopted FEMA Firm Map |
Ice Barrier Underlayment Required | Yes |
Mean Annual Temp | 50 |
Roof Ground Snow Load | 25 lbs. per square foot |
Seismic Design Category | B |
Subject to Damage from Decay | None to Slight |
Subject to Damage from Frost Line Depth | 36 inches |
Subject to Damage from Termite | Moderate to Heavy |
Subject to Damage from Weathering | Severe |
Wind Speed | 115 |
Winter Design Temperature | -3 |
(M) Section R302.5.1 is hereby amended to read as follows:
Opening Protection. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Openings between the garage and residence shall be equipped with solid core doors not less than 1 3/8 inches (35 millimeters) thick, or 20-minute rated fire doors.
(N) Section R302.13 Fire Protection of Floors is hereby deleted entirely.
(O) Section R311.7.5.1 of the 2018 International Residential Code is hereby amended to read as follows:
Risers. The maximum riser height shall be 8 inches (203 mm). The riser shall be measured vertically between leading edges of the adjacent treads. The greatest riser height within any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm). Risers shall be vertical or sloped from the underside of the nosing of the tread above at an angle not more than 30 degrees (0.51 rad) from the vertical. Open risers are permitted provided that the opening between treads does not permit the passage of a 4-inch-diameter (102 mm) sphere.
Exception 1: The opening between adjacent treads is not limited on spiral stairways.
Exception 2: The riser height for spiral stairways shall be in accordance with Section R311.7.10.1.
(P) Section R311.7.5.2 of the 2018 International Residential Code is hereby amended to read as follows:
Treads. The minimum tread depth shall be 9 inches (229 mm). The tread depth shall be measured horizontally between the vertical planes of the foremost projection of adjacent treads and at a right angle to the tread’s leading edge. The greatest tread depth within any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm).
(Q) Section R313 Automatic Fire Sprinkler Systems of the 2018 International Residential Code is hereby deleted entirely including R313.1 and the exceptions, R313.1.1, R-313.2 and the exception and R313.2.1.
(R) Section R322 of the 2018 International Residential Code is hereby amended to read as follows:
Flood-Resistant Construction where approved by Federal, State, and city Flood Plain regulations and incorporated in the Unified Land Development Ordinance for the City of Columbus.
(S) Section R403.1.4.1 of the 2018 International Residential Code is hereby amended to read as follows:
Frost Protection. Except where otherwise protected from frost, foundation walls, piers and other permanent supports of buildings and structures shall be protected from frost by one or more of the following methods.
1. Extending below the frost line specified in Table R301.2(1).
2. Constructing in accordance with Section R403.3.
3. Constructing in accordance with ASCE 32.
4. Erected on solid rock.
Exceptions:
1. One story unheated sheds 180’ and less where the bearing wall width is 12’ or less may be constructed on a 4” slab.
2. One-story detached unheated garages and sheds constructed with light frame construction and not over 440 square feet in floor area (where no dimension exceeds 22 feet and the width between bearing walls does not exceed 20 feet, may be constructed with walls supported on a monolithic footing and slab. The footing shall be a minimum of 12 inches below grade and eight inches wide.
3. One story detached unheated garages and sheds constructed with light frame construction and not over 600’ may be constructed on a monolithic footing and foundation designed by a registered Nebraska engineer with a Nebraska stamp on the plan.
4. Detached garages and sheds that are over 440 square feet and not constructed as outlined in exception 3, require 8” wide by 36” below grade foundations.
5. Decks not supported by a dwelling need not be provided with footings that extend below the frost line.
(T) All provisions contained in Section R405 of the 2018 International Residential Code are hereby deleted and shall be replaced with the following subsurface drainage provisions and the 2018 International Residential Code is amended accordingly, to-wit:
R405: Subsurface Drainage.
Section 1.
Drainage System. All residential dwellings located within the city limits of the City of Columbus or within the extraterritorial jurisdiction of the city, shall have installed, unless a waiver is obtained as provided herein, a system to remove subsurface water from below grade habitable space. The systems for removing the water may be a coarse gravel base, subsoil drain, both of which are described herein, or any other system or combinations thereof when approved by the Chief Building and Code Official of the City of Columbus.
Section 2.
Definitions. Coarse gravel base, for the purposes of this Section shall mean, a minimum of 12” coarse gravel under the concrete floor of any below grade habitable spaces, with one 24” x 24” diameter deep well, the well being screened and having a concrete base, to act as a sump, for each 750 square feet of floor area of below grade habitable space.
Subsoil drain, for purposes of this Section shall mean subsoil drain tiles with an approved filter membrane and a sump pit installed around the perimeter of foundations enclosing habitable spaces located below grade. In addition to the perimeter drains, the drains shall be installed so that all areas of the floor of below grade habitable space are within 10” of a drain tile. Drain tiles shall be installed at or below the area to be protected. The drain tile shall be surrounded by a minimum of 6” coarse gravel on all sides. The drain tile shall have a minimum diameter of 4” along with an approved filter membrane and shall be constructed of vitrified clay tile or PVC pipe. The sump into which the drain tile discharges shall be constructed of concrete or masonry block and shall have a minimum dimension of 24” x 24”. The sump may also be constructed of polyethylene or other materials approved by the Chief Building and Code Official with a sealed lid.
With either of the above-described systems, the sump shall discharge by gravity or mechanical means to a storm sewer, street or natural drainage way approved by the Chief Building and Code Official , but specifically shall not discharge into a sanitary sewer system.
Habitable space is defined, for purposes of this Section, as any space having a ceiling height of not less than 6’ feet which is partially or completely below the ground level elevation.
All other terms and phrases used herein shall be defined by the International Residential Code as adopted by the City of Columbus, Nebraska.
Section 3.
Administration. The Chief Building and Code Official shall approve all drainage systems prior to and during their installation.
The requirements to install a drainage system for the removal of subsurface water may be waived under the following conditions:
a. The Chief Building and Code Official may waive this Section if the floor of the below grade habitable space is above the highest recorded water level at the particular location of the building so constructed as demonstrated and proven by the owners of the property upon which the building is to be constructed.
Highest ground water elevation shall be determined by open soil boring on the property upon which the residence is to be constructed.
b. Owners of the subdivisions and additions platted prior to the adoption of this Section may apply for a waiver on the entire subdivision, the waiver being granted by the Chief Building and Code Official . The Chief Building and Code Official shall grant a waiver if the owner of the subdivision shows to the Chief Building and Code Official that the floors of below grade habitable space will not be constructed lower than the highest recorded ground water elevation.
The highest ground water elevation shall be determined by soil borings taken at various locations within the subdivision or addition. The soil borings shall be located not more than 300 feet apart or one per each acre or portion thereof in the addition or subdivision, whichever would require the least number of soil borings.
c. Subdivisions or additions approved subsequent to the passage of this Section which require that all below grade habitable spaces constructed in the subdivision or addition be constructed in a manner that the floor of the below grade habitable space is above the height of the highest measured ground water elevation.
The highest ground water elevation shall be determined by soil borings of various locations within the subdivision or addition. The soil borings shall be located not more than 300 feet apart or one per each acre or portion thereof, in the addition or subdivision, whichever would require the least number of soil borings.
Section 4.
Default. Failure to comply with the terms of this Section, by the owner of any building covered by this Section or by the owner of any real property included within the terms of this Section may result in the denial of the building permit application and a fine of $100 per day that the building does not conform to the above requirements.
(U) All provisions contained in Chapter 11 of the 2018 International Residential Code are hereby deleted and shall be replaced with the following manufactured home dwelling provisions and the 2018 International Residential Code is amended accordingly, to-wit:
Chapter 11: Manufactured Home Dwellings.
Section 1.
Definitions. For purposes of this Section, “manufactured home dwellings” shall mean a factory built structure which is to be used as a place for human habitation, which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than to a permanent site; which does not have permanently attached to its body or frame, any wheels or axles and which bears a label certifying it was built in compliance with the National Manufactured Home Construction and Safety Standards promulgated by the U.S. Department of Housing and Urban Development.
Section 2.
Construction Standards. A manufactured home complying with the following architectural or ascetic standards may be placed in all residential zones provided:
a. The home shall not have less than 900 square feet of floor area;
b. The home shall not have less than an 18 foot exterior width;
c. The roof shall be pitched with a minimum vertical rise of 2.5” for each 12” of horizontal run;
d. The exterior material shall be of a color, material and scale comparable with those existing in the residential site in which the manufactured home dwelling is being permanently installed;
e. The home shall have a nonreflective roof material which is or simulates asphalt or wood shingles, tile or rock;
f. Permanent utility connections shall be installed in accordance with local regulations;
g. The home shall bear an appropriate seal which indicates it was constructed in accordance with the standards of the U.S. Department of Housing and Urban Development;
h. The home shall have all wheels, axles, transporting lights and the removal towing apparatus removed; and
i. The home shall be constructed upon a permanent foundation that is constructed and build in accordance with local regulations.
(V) Chapter 12 of the 2018 International Residential Code is hereby deleted and shall be replaced with the following Radon requirements as required per state law.
Radon systems shall be installed as outlined in State statute 76-3504 per LB130 2019 signed by the Governor on May 1, 2019 and include;
Terms, defined.
For purposes of the Radon Resistant New Construction Act:
(1) Active radon mitigation system means a family of radon mitigation systems involving mechanically driven soil depressurization, including sub slab depressurization, drain tile depressurization, block wall depressurization, and submembrane depressurization. Active radon mitigation system is also known as active soil depressurization;
(2) Building contractor means any individual, corporation, partnership, limited liability company, or other business entity that engages in new construction;
(3) Department means the Department of Health and Human Services;
(4) New construction means any original construction of a single-family home or a multifamily dwelling, including apartments, group homes, condominiums, and townhouses, or any original construction of a building used for commercial, industrial, educational, or medical purposes. New construction does not include additions to existing structures or remodeling of existing structures;
(5) Passive radon mitigation system means a pipe installed in new construction that relies solely on the convective flow of air upward for soil gas depressurization and may consist of multiple pipes routed through conditioned space from below the foundation to above the roof;
(6) Radon mitigation specialist means an individual who is licensed by the department as a radon mitigation specialist in accordance with the Radiation Control Act; and
(7) Radon resistant new construction means construction that utilizes design elements and construction techniques that passively resist radon entry and prepare a building for an active post construction mitigation system.
Radon resistant new construction; minimum standards.
Except as provided in Section 76-3505, new construction built after September 1, 2019, in the State of Nebraska that is intended to be regularly occupied by people shall be built using radon resistant new construction. Such construction shall meet the following minimum standards:
(1) Sumps:
(a) A sump pit open to soil or serving as the termination point for sub slab or exterior drain tile loops shall be covered with a gasketed or otherwise sealed lid;
(b) A sump used as the suction point in a sub slab depressurization system shall have a lid designed to accommodate the vent pipe; and
(c) A sump used as a floor drain shall have a lid equipped with a trapped inlet;
(2) A passive sub slab depressurization system shall be installed during construction in basement or slab-on-grade buildings, including the following components:
(a) Vent pipe:
(i) (A) A minimum three-inch diameter acrylonitrile butadiene styrene (ABS), polyvinyl chloride (PVC), or equivalent gas-tight pipe shall be embedded vertically into the sub slab permeable material before the slab is cast. A “T” fitting or equivalent method shall be used to ensure that the pipe opening remains within the sub slab permeable material; or
(B) A minimum three-inch diameter ABS, PVC, or equivalent gas-tight pipe shall be inserted directly into an interior perimeter drain tile loop or through a sealed sump cover where the sump is exposed to the sub slab or connected to it through a drainage system;
(ii) The pipe shall be extended up through the building floors and terminate at least twelve inches above the surface of the roof in a location at least ten feet away from any window or other opening into the conditioned spaces of the building that is less than two feet below the exhaust point and ten feet from any window or other opening in adjoining or adjacent buildings; and
(iii) In buildings where interior footings or other barriers separate the sub slab gas-permeable material, each area shall be fitted with an individual vent pipe. Vent pipes shall connect to a single vent that terminates above the roof or each individual vent pipe shall terminate separately above the roof. All exposed and visible interior radon vent pipes shall be identified with at least one label on each floor and in accessible attics. Such label shall read: Radon Reduction System; and
(3) Power source: In order to provide for future installation of an active radon mitigation system, an electrical circuit terminated in an approved box shall be installed during construction in the attic or other anticipated location of vent pipe fans.
Conversion of passive radon mitigation system to active radon mitigation system authorized.
A building contractor or a subcontractor of a building contractor may convert a passive radon mitigation system to an active radon mitigation system in accordance with rules and regulations adopted and promulgated by the department under the Radiation Control Act for radon mitigation, but the contractor or subcontractor is not required to be a radon mitigation specialist to convert such system. A radon mitigation specialist shall conduct any post installation testing of such system.
(W) Chapters 13 and 14 of the 2018 International Residential Code are hereby deleted.
(X) Chapters 16-22 and 24-43 of the 2018 International Residential Code are hereby deleted.
(Prior Code, § 150.106) (Ord. 03-47, passed 12-15-2003; Ord. 11-11, passed 3-21-2011; Ord. 15-27, passed 1-18-2016; Ord. 19-42, passed 11-18-2019; Ord. 20-29, passed 1-4-2021)
VACANT BUILDINGS
(A) (1) The owner of any building that shall become vacant shall, within 30 days after the building becomes vacant or after the effective date of this section, whichever is later, file a registration statement for each such building with the city’s Police Department on a form provided by the city’s Police Department for that purpose. The registration form shall remain valid for one year after the date of registration.
(a) The owner shall be required to renew the registration on an annual basis as long as the building remains vacant.
(b) The owner shall notify the Police Department within 30 days of any change in the registration information by filing an amended registration statement provided by the Police Department.
(2) In addition to other information required by the Chief of Police, the registration statement shall include the name, street address and telephone number of a person 21 years of age or older, designated by the owner or owners as an authorized agent. The authorized agent must maintain an office or residence in the county. The owner or owners who meet the requirements of this section as to the location of said office or residence may designate himself or herself as the authorized agent. By designating an authorized agent under the provisions of this section, the owner or owners are empowering the authorized agent to receive any and all notices of code violations, court proceedings or administrative proceedings concerning the registered vacant building by service of the notice or process on the authorized agent. Any owner or owners who have designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent’s designation for the purpose of this section until the owner or owners notify the Chief of Police of any change or until the owner or owners file a new annual registration statement designating a different authorized agent. Any owner or owners who fail to register a vacant building or fail to designate an authorized agent under the provisions of this section shall further be deemed to consent to receive, by posting at the building, any and all code violations and all administrative proceedings brought to enforce this subchapter.
(3) The Chief of Police may issue rules and regulations for the administration of this section. These rules may designate materials and methods that may be used when securing a building so the boarding is reasonably incapable of being removed by trespassers or other acts without the owner, owners or authorized agent’s consent.
(4) (a) For purposes of this section, VACANT shall mean a building:
1. Lacking the habitual presence of human beings who have a legal right to be on the premises; or
2. Substantially all lawful business operations or residency occupancy have ceased and which is substantially devoid of content.
(b) In determining whether a building is vacant, it is relevant to consider, among other factors, the percentage of the overall square footage of the building or floors of occupied space, the condition and value of any items in the building or floors and the presence of rental or “for sale” signs on the property. A residential property shall not be deemed to be vacant if it has been used as a residence by the person entitled to possession of the same for a period of at least three months within the previous nine months and the person entitled to possession intends to resume residing at the property. A multi-family residential property shall not be deemed vacant unless all of the dwelling units are unoccupied.
(B) The owner, owners or authorized agent of any building, whether commercial or residential, that has become vacant shall enclose and secure the building within 30 days.
(C) Within 30 days, the owner, owners or authorized agent shall acquire and maintain liability insurance in an amount not less than $100,000 for buildings designed primarily for residential use and not less than $300,000 for any other building including, but not limited to, buildings designed for manufacturing, industrial, storage or commercial uses. Such insurance shall cover any damage to any person or any property caused by any physical condition of or in the property. The insurance policy acquired after the building has become vacant shall provide for written notice to the Chief of Police within 30 days of any lapse, cancellation or change in coverage. The owner, owners or authorized agent shall provide evidence of the insurance policy upon the request of the Chief of Police’s designated representative.
(D) If, at any time after making an inspection of the property, the Chief of Police or the Chief of Police’s designated representative determines a building is vacant and open, the Chief of Police shall notify the owner, owners or authorized agent that the building must be enclosed or substantial action must be taken to demolish the building within 30 days after the date of the notice. If, at the expiration of the 30-day period, the Chief of Police determines the building has not been enclosed or that substantial action has not been taken to demolish the building, the city shall proceed under the nuisance sections of this code to have the building demolished by the city with the cost of said demolition to be paid for under the nuisance sections by the owner or owners.
(Prior Code, § 150.201) (Ord. 07-02, passed 2-5-2007; Ord. 17-03, passed 1-16-2017)
INTERNATIONAL PROPERTY MAINTENANCE CODE
The International Property Maintenance Code, 2012 Edition as established by the International Code Council, at least one copy of said book is filed in the office of the City Clerk and the same is hereby adopted by reference as the city’s Property Maintenance Code for regulating and governing the conditions and maintenance of all property, buildings and structures, by providing the standards for supplied utilities, facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use, and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collections of fees therefor, and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to, adopted and made a part hereof, as if fully set out herein, with additions, insertions, deletions and changes, if any, as prescribed in § 150.131 of this code.
(Prior Code, § 150.210) (Ord. 17-22, passed 10-16-2017)
(A) Amendments, additions and deletions.
(1) Section 101.1 is amended to read:
Title. These regulations shall be known as the International Property Maintenance Code of the City of Columbus, herein referred to as ‘this code.’
(2) Section 101.2 is amended to read:
Scope. The provisions of this code shall apply to all existing residential structures and nonresidential structures and all existing property and premises and constitute minimum requirements and standards for premises, property, 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, sanitary, and adequate maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement, and penalties. The jurisdiction will include the City of Columbus and all that territory within its statutorily allowed zoning jurisdiction as allowed under Neb. Rev. Stat. § 16-901.
(3) Section 102.3 is amended to read:
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 Energy Conservation Code, International Fire Code, International Residential Code, Uniform Plumbing Code, NFPA 70, and all other codes that are or that may be adopted by the City of Columbus. Nothing in this code shall be construed to cancel, modify, or set aside any provision of the International Zoning Code.
(4) Section 102.7 is amended to read:
Referenced codes and standards. The codes and standards referenced in this code shall be those adopted by the City of Columbus and considered part of the requirements of this code to the prescribed extent of each such reference as further regulated in Sections 102.7.1 and 102.7.2.
Exception. Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply.
(5) Section 103.2 is amended to read:
Appointments. The code official shall be the person as defined in Section 202 of this code.
(6) Section 103.4 is amended to read:
Liability. The code official, City Administrator, Chief Building and Code Official, any other employee or agent of the City of Columbus charged with or delegated with the enforcement of this code, while acting for the City of Columbus, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved from all liability personally, and is hereby relieved from all personal liability for any damage accruing to the persons or property as a result of an act or by reason of an act or omission in the discharge of official duties. Any suit instituted against said individuals because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the City of Columbus until the final termination of the proceedings. Said person shall not be liable for costs in an action, suit, or proceeding that is instituted in pursuance of the provisions of this code.
(7) Section 103.5 is amended to read:
Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code will be assessed to reimburse the City of Columbus for expenses incurred and/or as set by resolution.
(8) Section 106.3 is amended to read:
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 by the local municipality, 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 administratively, 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 become a lien upon such real estate.
(9) Section 106.4 is amended to read:
Violation penalties. Any person upon whom a duty is placed by the provisions of this title who shall fail, neglect, or refuse to perform such duty, or who shall violate a provision of this title shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not to exceed $500 or be imprisoned in the county jail for a period not to exceed six months, or both, except that each person so convicted shall be fined in a sum of not less than $200 for the first offense, not less than $300 for a second offense, and not less than $400 for the third offense and each offense thereafter. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation, or forfeiture of any license, permit, or right elsewhere provided for violation thereof or as provided by law. Each day that a violation of this title continues shall constitute a separate and distinct offense and shall be punishable as such.
(10) Section 107.2 is amended to read:
Form. Such notice prescribed in Section 107.1 shall be in accordance with all of the following:
1. Be in writing;
2. Include a description of the real estate sufficient for identification;
3. Include a statement of the violation or violations and why the notice is being issued;
4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the property, dwelling unit, or structure into compliance with the provision of this code;
5. Inform the property owner of the right to appeal;
6. Include a statement of the right to file a lien in accordance with Section 106.3.
(11) Section 108.1.1 is amended to read:
Unsafe structures. An unsafe structure is one that is found to be dangerous 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 other life threatening events, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
(12) Section 108.1.3 is amended to read:
Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, 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, is a nuisance, or lacks ventilation, illumination, or heating facilities or other essential requirements of this code, or the location of the structure constitutes a hazard to the occupants of the structure or to the public. Whenever the health officer finds that such structure, 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 is a nuisance, such structure shall be unfit for human occupancy and the health officer shall make such finding to the code official.
(13) Section 110.1 is amended to read:
General. The code official shall order the owner of any premises upon which is located any structure, which in the code official’s judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, 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 repair, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owners 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 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 Chief Building and Code Official /or code official. In the event the structure and premises upon which the structure is located are in separate ownership, then both the owner of the structure and the owner of the premises shall be responsible for said removal.
(14) Section 110.3 is amended to read:
Failure to comply. If the owner of a premises fails to comply with a demolition within the time prescribed, the code official may cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
(15) Section 111.1 is amended to read:
Application for appeal to City Administrator. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the City Administrator, provided that a written application of appeal is filed within 20 days after the day the decision, notice or order was served. An application of appeal shall be based on 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.
(16) Section 111.1.1 is added:
Appeal Hearing with City Administrator. When an appeal to the City Administrator has been properly and timely requested, the City Administrator shall:
1. Schedule a hearing within five working days of receipt of the hearing request.
a. Written notice of the hearing date and time shall be provided to the owner and occupant (if known);
b. The hearing may be continued to a later time in cases where additional information is needed, as determined by the City Administrator.
2. Review all report(s), violation notice(s) and other relevant information presented.
3. Conduct a hearing.
a. At the hearing, the owner, occupant, and/or his agent shall be given the opportunity to present information and evidence relevant to the violation notice, reports, or orders;
b. The Code Official or his designated representative also shall be given the opportunity to present information and evidence relevant to the violation notice, reports, or orders;
c. The hearing may be conducted in an informal manner which shall be flexible enough for the City Administrator to consider evidence, including letters, affidavits, report(s), violation notice(s), and other relevant information.
4. Render a written order within five calendar days of the hearing.
a. In that decision the City Administrator shall determine if from the testimony and evidence offered whether or not the building, structure, or property in question is in violation of this code;
b. Should a violation of this code be found, the City Administrator shall order the owner, occupant, or other persons having an interest in the building, structure, or property to repair, alter or demolish the building in accordance with the terms listed in said order within a reasonable amount of time. Said reasonable amount of time must be longer than the time frame allowed for the filing of an application for appeal to the Board of Appeals.
(17) Section 111.1.1.1 is amended to read:
Administration of City Administrator’s order. The code official shall take action in accordance with the decision of the City Administrator following the expiration of any and all applicable appeal periods and the expiration of the reasonable time determination in the City Administrator’s order.
(18) Section 111.1.2 is added:
Application for appeal to Board of Appeals. Any person directly affected by a decision, finding of or by an order of the City Administrator issued under this code shall have the right to appeal to the Board of Appeals, provided that a written application of appeal is filed within 20 days after the day the City Administrator’s decision or order was served. An application of appeal shall be based on 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. In the rare situation where the City Administrator has acted as the code official, any person directly affected by a decision of the City Administrator or a notice or order issued under this code shall have the right to appeal directly to the Board of Appeals as set forth in Section 111 of this code.
(19) Section 111.1 3 is added:
Effect of failure to appeal. Failure of any person to file an appeal (either to the City Administrator or to the Board of Appeals) shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or to any portion thereof.
(20) Section 111.6.2 is amended to read:
Appeal of Board’s decision. The decision of the Board of Appeals may be appealed to the City Council.
(21) Section 111.6.3 is added:
Administration. The code official shall take immediate action in accordance with the decision of the Board of Appeals following the expiration of any and all applicable periods concerning the decision of the Board of Appeals.
(22) Section 111.7 is amended to read:
Application for appeal to City Council. Any person directly affected by a decision, finding or order of the Board of Appeals issued under this code shall have the right to appeal to the City Council, provided that a written application of appeal is filed within 20 days after the day the decision, notice, or order was served. An application of appeal shall be based on 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.
(23) Section 111.7.1 is added:
Scope of hearing on appeal in front of the City Council. Only those matters or issues specifically raised by the appellant regarding the decision of the Board of Appeals shall be considered in the hearing of the appeal in front of the City Council.
(24) Section 111.7.2 is added:
Procedure for hearing on appeal to the City Council. The procedures for hearings conducted in front of the City Council shall be as follows:
1. The hearing in front of the City Council shall take place at a date when the City Council normally meets within 30 days of the date of appellant’s proper filing of such appeals application.
2. Hearings will be conducted in accordance with Rules of the City Council of Columbus, Nebraska.
3. The Mayor shall preside and lead the hearing and discussion Council members are entitled to ask questions of the appellant, the code official, the City Administrator, or their duly authorized representatives.
4. A Board of Appeals decision may only be overturned or modified a by a majority vote of the members of the City Council. The Mayor may only vote when his or her vote will provide the additional vote required to create a number of votes equal to the majority of the number of members elected to the City Council, and the Mayor shall, for the purposes of such vote, be deemed to be a member of the Council.
(25) Section 111.8 is amended to read:
Court Review. Appeal of the City Council’s decision shall be filed in accordance with state law.
(26) Section 111.9 is added:
Stays of Enforcement. Appeals of notice, findings, and orders (other than Imminent Danger notices) shall stay the enforcement and of the notice and order until the appeal is heard at the appropriate level. Should an appeal be taken to the Courts, there is no stay of enforcement unless the Court authorizes an injunction.
(27) Section 112.4 is amended to read:
Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less then $200 or more than $500.
(28) Section 201.3 is amended to read:
Terms defined in other codes. Where terms are not defined in this code but are defined in other codes that are adopted, or which may later be adopted, by the City of Columbus, such terms shall have the meanings ascribed to them as stated in those codes.
(29) Section 202, only the following definitions are amended to read (all other definitions in Section 202 of the 2012 International Property Maintenance Code which are not listed below shall remain as defined):
[A] CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative. The code official shall be the Chief Building and Code Official for the City of Columbus, or any duly authorized representative of that person. Should the position of Chief Building and Code Official be vacant, the code official shall be the acting City Administrator for the City of Columbus, or any duly authorized representative of that person.
[B] DWELLING UNIT. A single unit and/or structure providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
[C] STRUCTURE. That which is built, manufactured, or constructed, which may be affixed or non-affixed to the premises or property, or a portion thereof.
(30) Section 301.2 is amended to read:
Responsibility. The owner of the premises or property shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or 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 chapter. Owners and 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.
(31) Section 302.4 is amended to read:
Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided, however, this term shall not include cultivated flowers and gardens.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
(32) Section 303 is hereby deleted in its entirety.
(33) Section 304.14 is amended to read:
Insect Screens. During the period from April 1st to October 31st every year, every door, window, and other outside opening required for ventilation of habitable rooms, food preparation areas, food service area, 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 minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
(34) Section 502.5 is amended to read:
Public Toilet Facilities. Public toilet facilities shall be maintained in a safe sanitary and working condition in accordance with the Uniform Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises.
(35) Section 505.1 is amended to read:
General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet, or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs, and showers shall be supplied with hot or tempered and cold running water in accordance with the Uniform Plumbing Code.
(36) Section 602.2 is amended to read:
Residential Occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms, and toilet rooms based on the outdoor winter design temperature of -3°F (-19°C). Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating.
Exception:
1. In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained.
(37) Section 602.3 is amended to read:
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 from September 1st to May 31st every year to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms, and toilet rooms.
Exceptions:
1. 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 -3°F (-19°C).
2. In areas where the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18°C) shall be maintained.
(38) Section 602.4 is deleted.
(B) Exceptions. Nothing in this section or in the 2012 International Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause of action acquired or existing under any act or ordinance hereby repealed, nor shall any just or legal remedy of any character be lost, impaired or affected by this subchapter.
(Prior Code, § 150.211) (Ord. 17-22, passed 10-16-2017)
(A) Whoever violates any provision of this chapter for which no specific penalty is provided shall be punished as set forth in § 10.99.
(Prior Code, § 150.031)
(C) (1) Any person who shall violate or who shall refuse, neglect or fail to comply with any of the provisions of §§ 150.060 through 150.074 of this code shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in a sum not less than $5 nor more than $50 for each offense; and any person holding a license under the supervision and authority of the Community Development Department who is convicted of having violated any of the provisions of §§ 150.060 through 150.074 of this code, shall have that license revoked by the City Council. Any person having his or her license revoked for said cause shall not be granted a new license for a period of one year thereafter.
(2) Any person who shall have been convicted of having done any work in a manner prohibited by §§ 150.060 through 150.074 of this code, and who shall fail, neglect or refuse to correct the same within ten days after conviction shall be guilty of an independent and separate offense for each day thereafter during which the work is permitted to remain in such improper condition.
(Prior Code, § 150.999)
(Ord. 888, passed 4-20-1959; Ord. 2845, passed 3-15-1982; Ord. 15-27, passed 1-18-2016; Ord. 20-29, passed 1-4-2021)