§ 150.096  AMENDMENTS, ADDITIONS, AND DELETIONS TO THE 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE.
   The following sections and subsections of the property maintenance code adopted in this article shall be amended, added, or not adopted by the city as follows. All other sections or subsections of the 2015 International Property Maintenance Code shall remain the same.
   [A] 101.1 Title. These regulations shall be known as the International Property Maintenance Code of the City of Sioux Falls, South Dakota, hereinafter referred to as "this code."
   [A] 102.3 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 Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, Uniform Plumbing Code, and NFPA 70. Nothing in this code shall be construed to cancel, modify, or set aside any provisions of Chapter 156, Floodplain Management, and Chapter 160, Zoning.
   [A] 103.2 Appointment. The chief building services official, chief property maintenance inspector, and the property maintenance inspectors are designated as the code officials and shall enforce the provisions of this code.
   [A] 103.4 Liability. The code official, member of the board of appeals, or employee charged with the enforcement of this code, while acting for the jurisdiction, 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 civilly or criminally liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties.
   This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating, or controlling any building or structure for any damages to persons or property caused by defects, nor shall the code enforcement agency or the city be held as assuming any such liability by reason of the inspection authorized by this code or any permits or certificates issued under this code.
   [A] 103.4.1 Legal defense. Any suit or criminal complaint instituted against any officer or employee 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 afforded all the protection by the city's insurance pool and any immunities and defenses provided by other applicable state and federal laws and be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit, or proceeding that is instituted in pursuance of the provisions of this code.
   [A] 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as established in Tables 1-A, 1-B, and 1-C of Section 150.017 of the Code of Ordinances of Sioux Falls, SD.
   In addition, an administrative fee of $250 may be assessed for the preparation of bids and contracts to correct or abate a violation.
   107.7 Extension of time agreement. If the code official determines that an extension of time will not create or perpetuate a situation imminently dangerous to life or property, the code official may grant an extension of time, not to exceed 180 days, in which to complete the work listed in the Notice and Order. Any extension shall not extend the time to appeal the Notice and Order. Any extension shall be agreed to in writing in a document containing the following:
   1.    A reasonable and acceptable schedule, setting forth specific dates to complete corrective action for each violation listed in the Notice and Order.
   2.    A signature of the responsible party.
   [A] 110.1 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 18 months, the code official shall order the owner or owner's authorized agent to demolish and remove such structure. The structure must remain secured during the 18-month time period.
   [A] 111.1 Application for appeal. 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 Property Maintenance Board of Appeals, provided that a written application for appeal is filed within 20 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 has been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. The board is additionally charged with the review of all proposed changes to the property maintenance code and to submit recommendations to the responsible official and the city council. The board shall adopt rules of procedure for conducting its business. The board shall have no authority relative to the interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.
   [A] 111.2 Membership of board. The Property Maintenance Board of Appeals shall consist of five members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The code official shall be an ex-officio member but shall have no vote on any matter before the board. The board shall be appointed by the chief appointing authority and shall serve staggered and overlapping terms.
   [A] 111.2.1 Alternate members. Not adopted by the city.
   [A] 111.4 Open hearing. Hearings before the board shall be open to the public. The appellant, the appellant's representative, the code official, and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than three members.
   [A] 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 subject to administrative citations through the code enforcement process.
SECTION 113
ASSESSMENTS
   113.1 Special assessment. The code official shall cause an account to be kept against each lot or parcel of the cost to the city for the correction and control of any vegetation nuisance during the growing season of each year, for the cost of sidewalk snow removal, for the cost of demolition and removal where the owner fails to comply with a demolition order, for the abatement of an unsafe condition which the owner fails to comply, and for the costs of emergency repairs. The costs shall be certified to the city finance director on or before August 1 of each year.
   113.2 Estimate of assessment. The finance director shall prepare an estimate of the assessment against each lot or parcel for the correction and control of any vegetation nuisance for the preceding growing season, sidewalk snow removal, demolition, abatement of unsafe conditions, and emergency repairs, including therein the expense of levying such special assessment against each lot or parcel. Such estimates shall be submitted to the city council.
   113.3 Assessment hearing. Upon the filing of the assessment roll with the finance director, the city council shall fix a time and place of hearing upon the assessment, not less than 20 days from the date of filing thereof. The finance director shall thereupon publish a notice of the time and place of hearing in the official newspaper one week prior to the date set for the hearing. The notice shall in general terms describe the improvement for which the special assessment is levied, the date of filing of the assessment roll, the time and place of the hearing thereon, and that the roll will be open for public inspection at the office of the city finance director and shall refer to the special assessment roll for further particulars.
   In addition to the publication of the notice of hearing, the finance director shall mail a copy of the notice by first class mail, addressed to the owner of any property to be assessed for the improvements, at the address as shown by the records of the finance director. The mailings shall be at least one week prior to the date set for the hearing.
   The owner of any lot or parcel of land against which a special assessment is to be so levied, or its occupant or person in charge, may appear before the council at such meeting to protest such assessment and to give reasons why such assessment should not be levied.
   Upon the day so named, the council shall meet, and if they find the estimate correct and the actions of the code official resulting in the estimate to be in accordance with the provisions of this subchapter, they shall approve the assessment by resolution and file such assessment roll with the finance director; or, if not correct, they shall correct or modify the estimate, approve the assessment as corrected or modified, and file such assessment roll with the finance director; or, if not in accordance with the provisions of this subchapter, shall disapprove such assessment.
   From the date of the approval and filing of such assessment roll with the finance director, the assessment shall be and become a special lien against the various pieces of property described in the assessment roll and shall be collected in a like manner as special assessments for public improvements.
   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, Uniform Plumbing Code, International Residential Code, Chapter 156, Floodplain Management, Chapter 160, Zoning, or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes.
   302.4 Vegetation. Premises and exterior property shall be maintained free from all actively growing plants declared to be statewide noxious weeds by the state weed and pest control commission, all actively growing weeds declared by the county to be locally noxious, and all other non-woody plants growing in the city to a greater height than 8 inches. All such plants are dangerous and unhealthful, are hereby declared to be a nuisance, and are prohibited. Vegetation shall be defined as all grasses, annual plants and weeds, other than trees or shrubs. The 8-inch restriction on non-woody plants does not apply to cultivated flowers and fruit and vegetable gardens, vegetation being grown as a crop, livestock pastures, wildflower display gardens, rights-of-way of rural section roads, vegetation designated by the director of Sioux Falls parks and recreation as a natural area or native planting area, or unimproved developments, except for a 25-foot mowed buffer adjacent to the right-of-way and except for a 12-foot buffer from an occupied property.
   302.4.1 Duty to correct. The occupant, person in charge, or owner of any lot or parcel of land in the city shall keep such lot, to include any abutting city right-of-way except as provided herein, free of such nuisance vegetation by cutting, spraying, or removal, as may be appropriate.
   The code official has the authority to require compliance with this article on all property. The code official shall cause public notice to be given requiring all lots or parcels of land in the city to be kept free from all vegetation declared by Sub-section 302.4 to be a nuisance.
   Upon failure of the owner or owner's authorized agent having charge of a property to cut and destroy weeds after service of a notice, the owner or owner's authorized agent shall be subject to administrative citations in accordance with Title III, Chapter 40, Administrative Code Enforcement, of the Code of Ordinances of Sioux Falls, SD.
   The notice shall provide that all vegetation determined to be a nuisance and left uncorrected shall be cut, sprayed, or removed by the city, and the cost thereof shall be billed to the property owner. If the bill is left unpaid, the cost will be assessed against that property to include the cost of levying such special assessment.
   The notice shall be by general public notice, published in the official newspaper once a week for two consecutive weeks, and shall be deemed sufficient to allow those actions authorized by this Chapter, including Sub-section 302.4.2 and Sub-section 113.
   302.4.2 Correction by city. If the occupant, person in charge, or owner of any lot or parcel of land fails to correct any such vegetation nuisance as required within two days of the last publication of the general notice, as set forth in Sub-section 302.4.1, the code official shall cause such vegetation to be cut, sprayed, or removed, and for such purpose the person allowed to do the work shall be allowed to enter upon any lot or parcel of land.
   No person shall intentionally interfere or attempt to interfere with the cutting, spraying, or removal of such vegetation.
   302.8 Motor vehicles. Abandoned and inoperative vehicles shall be regulated by Title IX, Chapter 93: Nuisances, of the Code of Ordinances of Sioux Falls, SD.
   302.9 Defacement of property. Placement of graffiti shall be regulated by Title XIII, Chapter 132: Offenses Against Property, of the Code of Ordinances of Sioux Falls, SD.
   303.2 Enclosures. Private swimming pools, hot tubs, and spas containing water more than 18 inches (457 mm) in depth shall be completely surrounded by a fence or barrier not less than 42 inches (1,067 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier.
      Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section.
   304.14 Insect screens. During the period from April 1 to September 30, every door, window, and other outside opening required for ventilation of habitable rooms, food preparation areas, food service 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.
   307.1 General. Every exterior and interior flight of stairs having four or more risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp, or other walking surface that is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall be not less than 30 inches (762 mm) in height or more than 42 inches (1,067 mm) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall be not less than 30 inches (762 mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking surface.
      Exception: Guards shall not be required where exempted by the adopted building code.
   308.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers, pursuant to Title V, Chapter 57: Garbage and Recycling, of the Code of Ordinances of Sioux Falls, SD.
   308.2.1 Rubbish storage facilities. The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish in accordance with Title V, Chapter 57: Garbage and Recycling, of the Code of Ordinances of Sioux Falls, SD.
   308.2.2 Refrigerators. Refrigerators and similar equipment not in operation shall not be discarded, abandoned, or stored on premises without first removing the doors in accordance with Title XIII, Section 130.005: Keeping Discarded Iceboxes, Refrigerators or Airtight Containers Declared Nuisance, of the Code of Ordinances of Sioux Falls, SD.
   308.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers in accordance with Title V, Chapter 57: Garbage and Recycling, of the Code of Ordinances of Sioux Falls, SD.
   308.3.1 Garbage facilities. Every dwelling shall be supplied with an approved leak-proof, covered, outside garbage container in accordance with Title V, Chapter 57: Garbage and Recycling, of the Code of Ordinances of Sioux Falls, SD.
   308.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leak-proof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal in accordance with Title V, Chapter 57: Garbage and Recycling, of the Code of Ordinances of Sioux Falls, SD.
   402.1 Habitable spaces. Every habitable space shall have not less than one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room.
      Exceptions:
      1.    Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor area of the interior room or space, but a minimum of 25 square feet (2.33 m2). The exterior glazing area shall be based on the total floor area being served.
      2.    The glazed areas need not be provided in rooms where artificial light is provided capable of producing an average illumination of six foot-candles (6.46 lux) over the area of the room at a height of 30 inches (762 mm) above the floor level.
   404.4.1 Room area. Every living room shall contain not less than 120 square feet (11.2 m2) and every bedroom shall contain not less than 70 square feet (6.5 m2). Bedrooms 100 square feet (9.33 m2) or less are allowed two occupants and every bedroom occupied by more than two persons shall contain not less than 50 additional square feet (4.6 m2) of floor area for each occupant thereof.
   505.1 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. Kitchen sinks, lavatories, laundry facilities, bathtubs, and showers shall be supplied with hot or tempered and cold running water in accordance with the plumbing code.
   602.2 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 winter outdoor design temperature for the locality. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating.
      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.
   602.3 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 1 to April 30 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 the 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.
   602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from September 1 to April 30 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.
      2.    Areas in which persons are primarily engaged in vigorous physical activities.
(1992 Code, § 11-76)  (Ord. 14-98, passed 2-2-1998; Ord. 116-01, passed 12-10-2001; Ord. 26-04, passed 3-1-2004; Ord. 32-07, passed 2-20-2007; Ord. 105-08, passed 8-18-2008; Ord. 20-10, passed 3-1-2010; Ord. 37-12, passed 6-12-2012; Ord. 104-12, passed 12-18-2012; Ord. 129-15, passed 12-15-2015; Ord. 22-16, passed 4-5-2016)