(A) Responsible Official. When, within the Property Maintenance Code, reference is made to the duties of certain officials designated therein, that the Building Inspector of the city shall be deemed the responsible official insofar as enforcing the provisions of the Property Maintenance Code are concerned.
(B) Exclusions. The following sections of the 2006 IPMC are hereby excluded:
(1) IPMC Chapters 4, 5, 6 and 7;
(2) IPMC Section 111;
(3) IPMC Section 304.14;
(4) IPMC Sections 304.18.1, 304.18.2, 304.18.3; and
(5) IPMC Section 305.
(C) Insertions. The following sections of the 2006 IPMC are hereby revised:
(1) Section 101.1: Insert “City of Spring Hill” for “[NAME OF JURISDICTION]”; and
(2) Section 302.4: Insert “Twelve inches (12”)” for “jurisdiction to insert height in inches”.
(D) Amendments. The following sections of the 2006 IPMC are hereby amended:
IPMC Section 103.5, Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be indicated in a fee schedule, a copy, as maintained and amended time to time, is available for inspection by the City through the Building and Codes Office. The City Administrator shall have the discretion to place an additional charge for administrative expense of not more than one hundred dollars ($100.00) on each parcel of real estate involved and, with the approval of the board, the same shall be assessed as a part of the municipal taxes and as a lien upon the real estate.
IPMC Section 106.2, Notice of Violation. The code official shall serve a notice of violation or order in accordance with Section 107. The notice of violation or order shall inform the offender that they have ten (10) days to remedy the violation. The code official has the authority to grant extensions based on his judgement of the situation at hand.
IPMC Section 106.3, 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 misdemeanor or 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. The expense shall, thereupon become and constitute a lien and charge upon the property which shall be payable with interest at the rate of six percent (6%) per annum from the date of such certification, until paid, collectable at the time ad valorem taxes on said property become due and payable to the city. Such expense and charge shall be first and prior lien against the property, subject only to the lien for taxes to the county and of the same character as the lien of the city for municipal taxes. Upon failure of the owner of the property to pay the lien, it may be enforced in the same manner as tax liens in favor of the city and shall be certified by the city recorder to the city attorney along with the certification of ad valorem taxes assessed against the property in the city and not paid when due.
IPMC Section 106.4, 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 prosecuted within the limits provided by state or local laws, and shall be subject to a fine of fifty dollars ($50.00), plus any court costs. Each occurrence constitutes a separate offense.
(E) Exemptions. The following items are exempt from the 2006 IPMC Section 302.4:
(1) Cultivation of plants or cover crops for agricultural purposes including pastures;
(2) Those portions of properties lying 40 feet or more from boundary lines or public rights-of-way on tracts of land containing a minimum of one acre; and
(3) Those properties under current active damage claims from a licensed insurance carriers or properties sustaining immediate damage caused as a result of catastrophic weather, fire or natural disaster events.
(2011 Code, § 12-702) (Ord. 02-06, passed 4- -2002; Ord. 13-25, passed 11-18-2013)
Editor’s note:
Copies of this code (and any amendments) may be purchased from the International Code Council, 900 Montclair Road, Birmingham, Alabama 35213.