The current edition of the International Property Maintenance Code (IPMC), including appendix A, published and promulgated by the International Code Council, as amended or superseded, is hereby adopted to establish rules, regulations and standards for the maintenance of exterior property areas and the maintenance of existing structures and buildings.
A. The adoption of the IPMC as provided in this section is in addition to, and not in place of, any other ordinance in this Code requiring or directing maintenance of interior or exterior properties.
B. If the IPMC and another section of this Code address the same subject, the more specific provision shall prevail, except that in the case of an express conflict the provisions of this Code shall take precedence over the IPMC.
C. The following sections of the IPMC are amended or added:
Section 104.1 of the IPMC, or its successor, is amended as follows: Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be determined by using the base fee schedule adopted for use with the current building code, pursuant to [t]Title 16, [c]Chapter 1 of the Ogden City municipal code.
Section 109.4 of the IPMC, or its successor, is amended as follows: Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any requirement thereof, shall be subject to the remedies and penalties contained in [t]Title 16, [c]Chapter 12, and in [t]Title 12, [c]Chapter 4, of the Ogden municipal code. Each day that a violation continues after due notice has been served shall be deemed a separate civil or criminal offense.
A new section 111.10 is adopted as follows: Vacant building requirements. When a building is vacant, the owner shall comply with the vacant building regulations established in the Ogden City municipal code. When a building held in private ownership is demolished by Ogden City, the assessment of the lien or other recovery shall be conducted as provided in the Ogden City municipal code or by state law.
Section 107.1 of the IPMC, or its successor, is amended as follows: 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 board of appeals, or such other appeal officer or body as is specifically identified in the Ogden City municipal code, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served and the applicable appeal fee is paid. 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.
Section 110.4 of the IPMC, or its successor, is amended as follows: Failure to comply. A stop work order is considered to be notice of a violation under [t]Title 16, [c]Chapter 2 of the Ogden municipal code for which there is no warning period. 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 of unsafe condition, shall pay a civil penalty equal to a civil citation issued after expiration of a warning period as provided in [s]Section 16-12-1 of the Ogden municipal code. If work is continued after imposition of the civil penalty, the person shall be subject to the intermediate and maximum penalties provided for in that section.
Section 302.4 of the IPMC, or its successor, is amended as follows: Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of the height established in subsection 12-4-3D of the Ogden municipal code. All noxious weeds shall be prohibited.
302.4.1 Weeds [shall be] are defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens or cultivated decorative grasses that are intended to exceed six inches [(6")] and are properly maintained within a defined planting area.
302.4.2 Upon failure of the owner, agent or occupant having charge of a property to cut and destroy weeds as described in this code, or in [t]Title 12, [c]Chapter 4 of the Ogden municipal code, after service of a notice of violation, they shall be subject to prosecution in accordance with [section 106.3.] Section 109.3 of the IMPC, or its successor. One such notice is sufficient for each annual season of weed growth on a property. Upon failure to comply with the notice of violation, any duly authorized employee of the city or contractor hired by the city 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 for and collected from the owner, agent, or occupant responsible for the property as provided in [t]Title 16, [c]Chapter 8, [a]Article C of the Ogden municipal code.
[Where insect screens are] Insect screens shall be in place year round when required by [s]Section 304.14 of the IPMC, or its successor[they shall be in place year round].
[Where] Heat shall be supplied or available for supply year round when a heat supply is required to be made available in sections 602.3 and 602.4 of the IPMC, or their successors [the [period during which] heat shall be supplied or available for supply [is] year round].
A new section 702.5 of the IPMC is adopted as follows:
702.5 Required emergency escape openings for a bedroom in a basement. [Except as provided in section 702.7, all] All basement bedrooms in a residence built prior to January 1, 1972, shall meet the following requirements [in order] to continue to be used as a bedroom:
702.5.1 Minimum room height: 6 feet 8 inches with 6 feet 4 inches allowed for girders, beams or duct work.
702.5.2 Unless the bedroom has a door that opens directly to the exterior of the residence, the room shall have at least one emergency escape window as follows:
702.5.2.1 The window shall be at least [eighteen (18)] 18 inches in the horizontal or vertical dimension;
702.5.2.2 The window shall have a fully openable area (90 degrees or more) of at least 3.75 square feet;
702.5.2.3 The window shall be openable or removable without keys, tools or special knowledge and without encountering any obstruction;
702.5.2.4 The window may not be hinged on the top or bottom, except a window opening into a room may be hinged on the bottom if it opens flush with the wall;
702.5.2.5 An existing window may not be reduced in overall size or in openable area if it exceeds 18 inches in its smallest dimension and has more than 3.75 square feet of openable area.
702.5.3 If the sill of a basement emergency escape window is not within 48 inches of the floor:
702.5.3.1 A single permanent step or riser shall be installed so that the distance between the top of the step or riser and the bottom of the window does not exceed 44 inches.
702.5.3.2 The maximum height of the step or riser shall be 24 inches
702.5.3.3 The minimum depth of the step or riser shall be 10 inches.
702.5.3.4 The width of the step or riser shall be at least as wide as the window clear opening, but need not exceed 36 inches.
702.5.4 Locks and latches and any window screen or storm window devices that need to be operated to permit escape shall not be located more than 54 inches above the finished floor or, if applicable, above a step or riser.
702.5.5 If a basement window opens below grade, any window well shall comply with R310 of the International Residential Code adopted pursuant to Title 16 Chapter 2 of the Ogden municipal code. If the window well is located in a driveway, this may require removing a portion of the driveway and installing a removable grille.
702.5.6 If physical modifications to the foundation of a structure are required to meet the standards of this section 702.5, the new window shall meet all emergency escape and rescue opening requirements in R310 of the International Residential Code adopted pursuant to Title 16 Chapter 2 of the Ogden municipal code.
702.5.7 Basement rooms that were not finished as a bedroom prior to January 1, 2016, in a residence built prior to January 1, 1972, may not be used as a bedroom unless the room has an egress window or exit door to the exterior of the structure that complies with the International Residential Code or other applicable construction code adopted pursuant to Title 16 Chapter 2 of the Ogden municipal code.
702.6 Basement rooms in a residence built after January 1, 1972, may not be used as a bedroom unless the room has an egress window or other method of escape that complies with the construction code in effect at the time the residence was built or the current applicable construction code.
(Ord. 2017-17, 4-18-2017; amd. Ord. 2023-64, 11-14-2023)