The International Property Maintenance Code, as adopted by reference, is amended and revised in the following respects:
(A) Section 106.3
(1) 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 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 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 be a lien upon such real estate; and
(2) Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof shall be subject to a fine of not less than one hundred dollars ($l00) nor more than five hundred dollars ($500). Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(B) Section 101.1 These regulations shall be known as the International Property Maintenance Code of the City of Murray, Kentucky, hereinafter referred to as "this code."
(C) Section 111.1 Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Code Enforcement Board, provided that a written application for appeal is filed within seven (7) days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
(D) Section 112.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred dollars($l00) dollars nor more than five hundred ($500) dollars.
(E) Section 301.4 Natural Areas and Undeveloped Areas. Natural areas and undeveloped land within the city which contain trees, plants, cultivated flowers, shrubs/or gardens shall be maintained in a safe and unblighted condition so as not to adversely affect the public health or safety of the area.
(F) Section 302.4 All premises and exterior property shall be maintained free from weeds or plant growth in excess of ten (10) 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.
(G) Section 304.14 During the period from May 15 to October 15, every door, window and other outside opening required for ventilation of habitable rooms, food preparation 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 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.
(H) Section 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping rooms on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 15 to May 15 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 as indicated in Appendix D of the International Plumbing Code.
(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.
(I) Section 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October 15 to May 15 to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied. Exceptions:
(1) Processing, storage and operation areas that require cooling or special temperature conditions; and
(2) Areas in which persons are primarily engaged in vigorous physical activities.
(Ord. 2001-1259, passed 10-11-01; Am. Ord. 2004-1362, passed 10-28-04; Am. Ord. 2005-1368, passed 2-10-05; Am. Ord. 2011-1554, passed 1-12-12; Am. Ord. 2014-1650, passed 12-11-14; Am. Ord. 2020-1804, passed 11-12-20)