(A) A certain document, one copy of which is on file in the office of the City Clerk, being marked and designated as the International Property Maintenance Code, 2006 Edition, as published by the International Code Council, is hereby adopted as the property maintenance code of the city for regulating and governing the conditions and maintenance of all property, buildings, and structures; by providing the standards for supplied utilities and 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 any existing structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions, and terms of the property maintenance code on file in the office of the City Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions, and changes, if any, prescribed in division (B) below.
(B) The following sections of the International Property Maintenance Code, 2006 Edition, are hereby revised as follows:
(1) Section 101.1. Insert: “the City of Southgate, Campbell County, Kentucky”;
(2) Section 102.3.
(a) Delete: “International Building Code”;
(b) Delete: “and the ICC Electrical Code”;
(c) Delete: “International Zoning Code”;
(d) 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.”; and
(e) Insert: “City of Southgate Zoning Ordinance.”
(3) Section 103.2.
(a) Delete “chief appointing authority” and replace with “Mayor.”; and
(b) 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. Insert: “, citation”;
(7) Section 106.3.
(a) Insert: “, citation”; and
(b) Insert: “either” and “class B” in second line.
(8) Section 106.4. Insert: “Only one Notice of Violation shall be sent to the owner and/or occupant of a certain property regarding a specified violation or violations per calendar year. All subsequent notices will be in the form of a citation. Unless otherwise specified by Federal, state, county or local law, the violation of any section of the International Property Maintenance Code is a civil offense and shall be enforced pursuant to Chapter 32 of the city code of ordinances;
(9) Section 111.2.
(a) Delete: “chief appointing authority”; and
(b) Insert: “Mayor with approval from City Council.”
(10) Section 111.2.1.
(a) Delete: “chief appointing authority”; and
(b) Insert: “Mayor with approval from City Council.”
(11) Section 111.7.
(a) 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.”; and
(b) Insert: “Campbell County Circuit Court within thirty (30) days of the final decision of the appeals board.”
(12) Section 201.3.
(a) Insert: “Kentucky Building Code, Kentucky Residential Code, City of Southgate Zoning Ordinance, Kentucky Plumbing Code, NFPA 70 National Electrical Code or any applicable code adopted and enforced by the State of Kentucky”;
(b) Delete: “International Zoning Code”;
(c) Delete: “International Plumbing Code”; and
(d) Delete: “or the ICC Electrical Code.”
(13) Section 202.
(a) Insert: “MOTOR VEHICLE. As defined in § 92.01(A) of the City of Southgate Code of Ordinances.”; and
(b) 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).”
(14) Section 302.1. Insert: “and all outdoor storage shall be removed”;
(15) Section 302.4. Insert: ten (10) inches”;
(16) 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 motor vehicles, trailers, recreational vehicles, campers, boats and similar equipment shall be parked, kept or stored on a paved surface. All trailers, recreational vehicles, campers, boats and similar equipment shall be parked, kept or stored in the rear yard and may be parked, kept or stored in the side yard behind the front structure line of the principal structure if approved by the Board of Adjustment. In no case shall more than one trailer, recreational vehicle, camper, boat or similar equipment be permitted outside of an enclosed building on any premises. 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.”;
(17) 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 Southgate Zoning Ordinance and any applicable codes adopted and enforced by the State of Kentucky.”;
(18) Section 304.14. Insert: “April 1 to October 31";
(19) Section 401.3. Insert: “Kentucky Building Code, Kentucky Residential Code or any applicable code adopted and enforced by the State of Kentucky”;
(20) Section 505.1.
(a) Delete: “International Plumbing Code”; and
(b) Insert: “Kentucky Plumbing Code.”
(21) Section 602.2.
(a) Delete: “Appendix D of . . . International”; and
(b) Insert: “Kentucky.”
(22) Section 602.3.
(a) Insert: “October 1 to April 1";
(b) Delete: “Appendix D of . . . International”; and
(c) Insert: “Kentucky.”
(23) Section 602.4. Insert: “October 1 to April 1";
(24) Section 604.2.
(a) Delete: “ICC Electrical Code”; and
(b) Insert: “NFPA 70 National Electrical Code.”
(25) Section 702.1.
(a) Delete: “International Fire Code”; and
(b) Insert: “Kentucky Building Code and the International Fire Code.”
(26) Section 702.2.
(a) Delete: “International Fire Code”; and
(b) Insert: “Kentucky Building Code and the International Fire Code.”
(27) Section 702.3.
(a) Delete: “International Building Code”; and
(b) Insert: “Kentucky Building Code.”
(28) Section 704.1.
(a) Delete: “International Fire Code”; and
(b) Insert: “Kentucky Building Code and the International Fire Code.”
(29) Section 704.2. Delete in its entirety and replace with “Shall be installed and maintained in accordance with Chapter 94 of the City of Southgate Code of Ordinances.”
(C) Nothing in this section or in the 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 or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this section.
(D) The City Clerk is hereby ordered and directed to cause this section to be published.
(Ord. 08-11, passed 6-4-2008; Am. Ord. 16-10, passed 10-19-2016)