(A) The city does hereby adopt by reference the 2006 Edition, and subsequent updates, of the International Property Maintenance Code as published by the International Code Council, Inc. for the control of existing buildings and structures and each and all of the regulations, provisions, penalties, conditions, and terms of said Property Maintenance Code are hereby referred to, adopted, and made part hereof, as if fully set out in this chapter with the additions, insertions, deletions, and changes, if any, prescribed in division (B) below. A copy of said Property Maintenance Code is available for review at the city.
(B) The following sections of this International Property Maintenance Code, 2006 edition, are hereby revised as follows:
(1) Section 101.1. Insert: “the City of Silver Grove, Campbell County, Kentucky”;
(2) Section 102.3. Delete: “International Building Code”. Delete: “and the ICC Electrical Code”. Delete: “International Zoning Code”. Insert: “Kentucky Building Code, Kentucky Residential Code, NFPA 70 National Electrical Code, Kentucky Plumbing Code, International Energy Conservation code or any applicable code adopted and enforced by the State of Kentucky.” Insert: “City of Silver Grove Zoning Ordinance.”;
(3) Section 103.2. Delete: “chief appointing authority” and replace with “Mayor”. Delete “appointing authority” and replace with “Mayor”;
(4) Section 103.3. Delete in its entirety;
(5) Section 103.5. Delete in its entirety;
(6) Section 106.2. Delete “order”, insert: “citation”;
(7) Section 106.4. Insert after last sentence: “If a Notice of Violation has been sent to the owner and/or occupant of a certain property regarding a specified violation or violations and the owner and/or occupant of a certain property failed to abate the violation or violations within the specific time frame, a citation may be issued. The citation shall contain civil penalties in according to the following schedule”:
1ST OFFENSE:
$25.00: IPMC SECTIONS - 402, 403.
$50.00: IPMC SECTIONS - 301, 302, 303, 304, 305, 306, 307, 308, 404, 602, 603, 604, 605, 607.
$100.00: IPMC SECTIONS - 108, 109, 110.
2ND OFFENSE:
Each 1st offense penalty is doubled.
3RD OFFENSE:
Each 2nd offense penalty is doubled.
4TH OFFENSE:
Each 3rd offense penalty is doubled.
5TH OFFENSE:
Each 4th offense penalty is doubled.
“All fines or civil penalties for sections of codes not specifically delineated herein shall be determined by the Code Enforcement Officer based on the severity of the offense. All fines shall be appealable to the Code Enforcement Appeals Board.”
(8) Section 111.2. Delete: “chief appointing authority”. Insert: “Mayor with approval from City Council”;
(9) Section 111.2.1. Delete: “chief appointing authority”. Insert: “Mayor with approval from City Council”;
(10) Section 111.7. Delete: “appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer.” Insert: “Campbell County Circuit Court within thirty (30) days of the final decision of the appeals board.”;
(11) Section 201.3. Insert: “Kentucky Building Code, Kentucky Residential Code, City of Silver Grove Zoning Ordinance, Kentucky Plumbing Code, NFPA 70 National Electrical Code or any applicable code adopted and enforced by the State of Kentucky”:
Delete: “International Zoning Code”;
Delete: “International Plumbing Code”; and
Delete: “or the ICC Electrical Code”.
(12) Section 202. Insert: “OUTDOOR STORAGE. The keeping of personal or business property in any open space or outdoor area outside of a building or structure. For the purpose of this definition, property shall not include items that were originally designed for continuous outdoor use (ex: lawn furniture, grills, playground equipment).”;
(13) Section 302.1. Insert: “and all outdoor storage shall be removed”;
(14) Section 302.4. Insert: “seven (7) inches”;
(15) Section 302.8. Delete in its entirety and replace with “No inoperative, abandoned or unlicensed motor vehicle, trailer, recreational vehicle, camper, boat or similar equipment shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. All trailers, recreational vehicles, campers, boats and similar equipment shall be parked, kept or stored in the rear yard, except that said storage may be permitted by the zoning administrator, on some other portion of the lot, due to extraordinary and topographic conditions or some other extraordinary condition of the site that would not allow said storage within the rear yard.
Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.”
(16) Section 303.2. Delete in its entirety and replace with “Enclosures for swimming pools, hot tubs and spas shall be regulated by the Kentucky Building Code, Kentucky Residential Code, the City of Silver Grove Zoning Ordinance and any applicable codes adopted and enforced by the State of Kentucky.”;
(17) Section 304.14. Insert: “April 1 to October 31”;
(18) Section 401.3. Delete: “International Building Code”. Insert: “Kentucky Building Code, Kentucky Residential Code or any applicable code adopted and enforced by the State of Kentucky”;
(19) Chapter 5. Delete: entire chapter. Insert: Plumbing Facilities and Fixture Requirements shall comply with the Kentucky Plumbing Code and these requirements shall be enforced by the Kentucky Division of Plumbing;
(20) Section 602.2 Delete: “based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code.” Delete: “Exception: In areas where the average monthly temperature is above 30 F (-1 C), a minimum temperature of 65 F (18 C) shall be maintained”;
(21) Section 602.3. Insert: “October 1 to April 1” Delete: Exceptions #1 and #2;
(22) Section 602.4. Insert: “October 1 to April 1”;
(23) Section 604.2. Delete: “ICC Electrical Code”. Insert: “NFPA 70 National Electrical Code”;
(24) Section 606 Delete: “Section 606 Elevators, Escalators and Dumbwaiters in its entirety”. Insert: “Elevators, Escalators and Dumbwaiters shall comply with all applicable state building codes and elevator codes and these requirements shall be enforced by the Kentucky Department of Housing, Buildings and Construction - Elevator Inspection Section”; and
(25) Chapter 7. Delete: entire chapter. Insert: “Fire Safety Requirements shall comply with all Local and State Fire Codes and Life Safety Codes and these requirements shall be enforced by the local fire department, state fire marshal and/or the Kentucky Department of Housing, Buildings and Construction - General Inspection Section.”
(2005 Code, § 152.01) (Ord. 02-0401, passed 5-7-2002; Ord. 11-0301, passed 4-5-2011) Penalty, see § 152.99