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Ordinance 16-10
RECORD OF ORDINANCES Ordinance No. 16 -10 Passed 20_ AN ORDINANCE AMENDING SECTIONS 150.230 AND 150.231 OF THE DUBLIN CODIFIED ORDINANCES (BUILDING REGULATIONS) REGARDING PROPERTY MAINTENANCE WHEREAS, the City of Dublin desires to maintain property within the City and has utilized the International Property Maintenance Code to aid in this process; and WHEREAS, the International Property Maintenance Code has adopted updates to their Code in 2006 and 2009 which improve on the understanding and standards of the Code; and WHEREAS, the City of Dublin desires to make the necessary revisions to its adopted ordinances to be consistent with the most recent International Property Maintenance Code. NOW, ORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring, that: Section 1 . The City of Dublin hereby adopts by reference the 2009 International Property Maintenance Code and amends the Dublin Code of Ordinances as follows: § 150.230 ADOPTION OF PROPERTY MAINTENANCE CODE. A certain document, three copies of which are on file in the office of the City Clerk of Council, being marked and designated as the 2009 International Property maintenance Code as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code of the City; for the control of buildings and structures as herein provided; and each and all of the regulations, provision, penalties, conditions and terms of said 2009 International Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this subchapter, with the additions, insertions, deletions and changes, prescribed in 150.231. § 150.231 ADDITIONS, INSERTIONS AND CHANGES. The International Property Maintenance Code is amended and revised in the following respects: All references to Code Official shall be changed to Chief Building Official. Section PM -101.1 Insert: City of Dublin Section 101.2 Amend to read as follows: This Code is intended to protect the public health, safety and welfare in all existing structures, residential and non residential, and on all existing premises by establishing minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; fixing the responsibility of owners, operators and occupants; regulating the occupancy of existing structures and premises, and providing for administration, enforcement and penalties. Nothing contained herein shall be construed to require an owner, operator or occupant to alter, remove, modify or otherwise abate a condition under the following parameters: 1) Existing conditions which are considered violations under this Code which were permissible when the structure or premises was originally constructed and/or issued a building permit shall be permitted to remain provided the condition is properly maintained in a condition similar to that at the time of original construction and said condition does not constitute a Serious Hazard; or 2) Existing conditions within structures built before March 1, 1959 or listed on the National Register of Historic structures, are exempted from this Code unless the condition is deemed to be a Serious Hazard to the health, safety or welfare of the occupant(s). RECORD OF ORDINANCES 16 -10 Page 2 of 2 Ordinance No. Passed 1 20 _ Section 103.1 Delete Section 103.2 Delete Section 106.4 Amend to read as follows: Any person who shall violate a provision of this Code is guilty of a fourth degree misdemeanor. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 111.1 Amend to read as follows: Any person 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 Dublin Board of Zoning Appeals. Section 111.2 through 111.8 Delete Amend the definition of Code Official to read as follows: Code Official: unless specifically identified shall mean the Chief Building Official of the City of Dublin. Add the following definition: Serious hazard: A hazard of considerable consequence to safety or health through the design, location, construction, or equipment of a building, structure or premises, or the condition thereof, which hazard has been established through experience, testing, or research to be of certain or probably consequence, or which can be determined to be, or which is obviously such a hazard. Section 302.4 Amend to read as follows: All premises shall be kept free from noxious weeds in accordance with the provisions of Chapter 95 of the Codified Ordinances of the City of Dublin. Section 304.14 Insert: April 1 to November 1. Section 602.3 Insert: October 1 to May 1. Section 602.4 Insert: October 1 to May 1. (Ord. 72-98, passed 8- 10 -98; Am. Ord. 86 -04, passed 1 -3 -05) Section 2 . This Ordinance shall be in full force and effect on the earliest date permitted by law. Passed this '� day of 2010 Mayor — Prl Officer ATTEST: Clerk of Council CITY OF DUBLIN- Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 Phone: 614 -410 -4400 • Fax: 614 - 410 -4490 To: Members of Dublin City Council From: Terry Foegler, City ManagerTr /Z Date: April 22, 2010 Memo Initiated By: Steve Langworthy, Director of Land Use and Long Range Planning Re: Ordinance 16 -10 —Amending Sections 150.230 and 150.231 of the Dublin Codified Ordinances (Building Regulations) Regarding Property Maintenance Summary Land Use and Long Range Planning is proposing an update to Building Code Sections 150.230 and 150.231 regarding the Property Maintenance Code to reflect updates made within the 2009 International Property Maintenance Code. City Council adopted the use of the BOCA Property Maintenance Code in 1998 and then amended the Code in 2005 to reflect the change to the International Property Maintenance Code. Updates to the International Property Maintenance Code occurred on a three -year cycle, in 2003, 2006 and 2009. The City currently utilizes the 2003 version of the International Property Maintenance Code within the Building Code. In order to maintain the high standards of the City of Dublin and ensure the most current version of the Code is utilized, Planning recommends the 2009 International Property Maintenance Code be adopted as the referenced Code by the City. The 2009 Code includes significant additions to the Code regulations regarding dangerous structures and premises, and unsafe conditions for the interior and exterior of structures, as well as component serviceability and electrical facilities, specifically Sections: • 108.1.5, Unsafe Structures and Equipment. This section addresses dangerous structures or premises and indicates specific areas of concern. The previous version of the Code only indicated "unsafe structures" and gave no specific indicators or guidelines. • 304.1.1 and 305.1.1, Exterior Structure and Interior Structure. These two sections address specific unsafe conditions related to both interior and exterior structure and require that repairs comply with Building Code standards. The previous version of the Code did not specify the repair parameters. • 306, Component Serviceability. This Code section addresses conditions that may cause structural components or systems to be stressed beyond capabilities. • 604, Electrical Facilities. This Code section provides specific conditions for abatement of electrical hazards associated with water, fire, etc. It also provides parameters that are specific to repair and replacement of affected components. Overall, the changes indicated above will provide Land Use and Long Range Planning's Code Enforcement Officers with more essential tools to ensure the residents of the City of Dublin will Memo re. Ordinance 16 -10 — Code Amendment re. Property Maintenance April 22, 2010 Page 2 of 2 be provided a safe and healthy environment not only for the occupants of affected structures but the community as a whole by clarification and enhancement of the Code. Description The proposed amendment within Section 150.230, Adoption of Property Maintenance Code changes the referenced 2003 International Property Maintenance Code version to the 2009 version and Section 150.231, Additions, Insertions and Changes remains unchanged. Recommendation Staff recommends approval of Ordinance 16 -10 at the second reading/public hearing on May 10, 2010. Ordinance 16 -10 Red — Deleted Blue — New § 150.230 ADOPTION OF PROPERTY MAINTENANCE CODE. A certain document, three copies of which are on file in the office of the City Clerk of Council, being marked and designated as the 2009 3903 International Property Maintenance Code as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code of the City; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said 2009 2003 International Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this subchapter, with the additions, insertions, deletions and changes, if any, prescribed in § 150.231. (Ord. 72 -98, passed 8- 10 -98; Am. Ord. 86 -04, passed 1 -3 -05) § 150.231 ADDITIONS, INSERTIONS AND CHANGES. The International BOC ^ N� Property Maintenance Code is amended and revised in the following respects: All references to Code Official shall be changed to Chief Building Official. Section PM -101.1 Insert: City of Dublin Section 101.2 Amend to read as follows: This Code is intended to protect the public health, safety and welfare in all existing structures, residential and non residential, and on all existing premises by establishing minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; fixing the responsibility of owners, operators and occupants; regulating the occupancy of existing structures and premises, and providing for administration, enforcement and penalties. Nothing contained herein shall be construed to require an owner, operator or occupant to alter, remove, modify or otherwise abate a condition under the following parameters: 1) Existing conditions which are considered violations under this Code which were permissible when the structure or premises was originally constructed and /or issued a building permit shall be permitted to remain provided the condition is properly maintained in a condition similar to that at the time of original construction and said condition does not constitute a Serious Hazard; or 2) Existing conditions within structures built before March 1, 1959 or listed on the National Register of Historic structures, are exempted from this Code unless the condition is deemed to be a Serious Hazard to the health, safety or welfare of the occupant(s). Ordinance 16 -10 Red — Deleted Blue — New Section 103.1 Delete Section 103.2 Delete Section 106.4 Amend to read as follows: Any person who shall violate a provision of this Code is guilty of a fourth degree misdemeanor. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 111.1 Amend to read as follows: Any person 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 Dublin Board of Zoning Appeals. Section 111.2 through 111.8 Delete Amend the definition of Code Official to read as follows: Code Official: unless specifically identified shall mean the Chief Building Official of the City of Dublin. Add the following definition: Serious hazard: A hazard of considerable consequence to safety or health through the design, location, construction, or equipment of a building, structure or premises, or the condition thereof, which hazard has been established through experience, testing, or research to be of certain or probably consequence, or which can be determined to be, or which is obviously such a hazard. Section 302.4 Amend to read as follows: All premises shall be kept free from noxious weeds in accordance with the provisions of Chapter 95 of the Codified Ordinances of the City of Dublin. Section 304.14 Insert: April 1 to November 1. Section 602.3 Insert: October I to May 1. Section 602.4 Insert: October 1 to May 1. (Ord. 72 -98, passed 8- 10 -98; Am. Ord. 86 -04, passed 1 -3 -05) 2009 International Property Maintenance in Ordinance 16 -10 to be adopted 105.4 Material and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when neces- sary, placed in good and proper working condition and ap- proved. SECTION 106 VIOLATIONS 106.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. 106.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 107. 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, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall insti- tute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or ter- mination of the unlawful occupancy of the structure in viola- tion of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority hav- ing 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. 106.4 Violation penalties. Any person who shall violate a pro- vision 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. Each day that a violation con- tinues after due notice has been served shall be deemed a sepa- rate offense. 106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the ju- risdiction from instituting appropriate action to restrain, cor- rect or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, con- duct, business or utilization of the building, structure or pre- mises. 2. Include a description of the real estate sufficient for iden- tification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the pro- visions of this code. 5. Inform the property owner of the right to appeal. 6. Include a statement of the right to file a lien in accor- dance with Section 106.3. 107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is: 1. Delivered personally; 2. Sent by certified or first -class mail addressed to the last known address; or 3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. 107.4 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 106.4. 107.5 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, trans- feree, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall fur- nish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT SECTION 107 NOTICES AND ORDERS 107.1 Notice to person responsible. Whenever the code offi- cial determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3. 107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with all of the following: 1. Be in writing. 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code. 108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not provid- ing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structur- ally unsafe or of such faulty construction or unstable foun- dation, that partial or complete collapse is possible. 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® ADMINISTRAT2009 International Property Maintenance Code referenced in Ordinance 16 -10 to be adopted 108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. 108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment re- quired by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. 108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or oc- cupied contrary to law. 108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be alien upon such real estate and may be collected by any other legal resource. 108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, no- tice shall be posted in a conspicuous place in or about the struc- ture affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equip- ment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2. 108.4 Placarding. Upon failure of the owner or person respon- sible to comply with the notice provisions within the time given, the code official shall post on the premises or on defec- tive equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. 108.4.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or re- moves a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code. 108.5 Prohibited occupancy. Any occupied structure con- demned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. SECTION 109 EMERGENCY MEASURES 109.1 Imminent danger. When, in the opinion of the code offi- cial, there is imminent danger of failure or collapse of a build- ing or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occu- pation of the structure, or when there is actual or potential dan- ger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official " It shall be unlawful for any person to enter such structure except for the purpose of se- curing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. 109.2 Temporary safeguards. Notwithstanding other provi- sions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. 109.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or or- der the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and pro- hibit the same from being utilized. 109.4 Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. 109.5 Costs of emergency repairs. Costs incurred in the per- formance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. 109.6 Hearing. Any person ordered to take emergency mea- sures shall comply with such order forthwith. Any affected per- son shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. SECTION 110 DEMOLITION 110.1 General. The code official shall order the owner of any premises upon which is located any structure, which in the code official's judgment is so old, dilapidated or has become so out 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® 2009 International Property Maintenance Code SCOPE AND ADMINISTRATION referenced in Ordinance 16 -10 to be adopted fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code. 108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occu- pants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. 108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. 108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the struc- ture constitutes a hazard to the occupants of the structure or to the public. 108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law. 108.1.5 Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be consid- ered dangerous: 1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings. 2. The walking surface of any aisle, passageway, stair- way, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not pro- vide safe and adequate means of egress. 3. Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandal- ism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged. 4. Any portion of a building, or any member, appurte- nance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one -half the original designed value. 5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or move- ment of some portion of the ground necessary for the support, or for any other reason, is likely to par- tially or completely collapse, or some portion of the foundation or underpinning of the building or struc- ture is likely to fail or give way. 6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their dan- ger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. 8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such build- ing or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordi- nance to such an extent as to present either a sub- stantial risk of fire, building collapse or any other threat to life and safety. 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate main- tenance, dilapidation, decay, damage, faulty con- struction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or oth- erwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 10. Any building or structure, because of a lack of suffi- cient or proper fire- resistance -rated construction, fire protection systems, electrical system, fuel con- nections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health. 11. Any portion of a building remains on a site after the demolition or destruction of the building or struc- ture or whenever any building or structure is aban- doned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public. 108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to 4 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE® 2009 International Property Maintenance Code SCOPE AND ADMINISTRATION referenced in Ordinance 16 -10 to be adopted post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. 108.2.1 Authority to disconnect service utilities. The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regu- lated by this code and the referenced codes and standards set forth in Section 102.7 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without approval. The code official shall notify the serving utility and, when- ever possible, the owner and occupant of the building, struc- ture or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner or occupant of the building structure or service sys- tem shall be notified in writing as soon as practical thereaf- ter. 108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 1.07.3. If the notice pertains to equip- ment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2. 108.4 Placarding. Upon failure of the owner or person respon- sible to comply with the notice provisions within the time given, the code official shall post on the premises or on defec- tive equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. 108.4.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code. 108.5 Prohibited occupancy. Any occupied structure con- demned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. 108.7 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition. SECTION 109 EMERGENCY MEASURES 109.1 Imminent danger. When, in the opinion of the code offi- cial, there is imminent danger of failure or collapse of a build- ing or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occu- pation of the structure, or when there is actual or potential dan- ger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. 109.2 Temporary safeguards. Notwithstanding other provi- sions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. 109.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. 109.4 Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. 109.5 Costs of emergency repairs. Costs incurred in the per- formance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. 109.6 Hearing. Any person ordered to take emergency mea- sures shall comply with such order forthwith. Any affected per- son shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. SECTION 110 DEMOLITION 108.6 Abatement methods. The owner, operator or occupant of a building, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. 110.1 General. The code official shall order the owner of any premises upon which is located any structure, which in the code official 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 occu- 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE® GENERAL 2@0nternational Property Maintenance Code referenced in Ordinance 16 -16 to be adopted shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. SECTION 304 EXTERIOR STRUCTURE 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay -re- sistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces re- painted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or cor- rosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior sur- faces. Surfaces designed for stabilization by oxidation are ex- empt from this requirement. [F] 3043 Premises identification. Buildings shall have ap- proved address numbers placed in a position to be plainly legi- ble and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). 304.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 304.5 Foundation walls. All foundation walls shall be main- tained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a man- ner that creates a public nuisance. 304.8 Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 304.9 Overhang extensions. All overhang extensions includ- ing, but not limited to canopies, marquees, signs, metal awn- ings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather -coat- ing materials, such as paint or similar surface treatment. 304.10 Stairways, decks, porches and balconies. Every exte- rior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 304.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in goodrepair. All exposed sur- faces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather -coat- ing materials, such as paint or similar surface treatment. 304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 303.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. 303.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 304.14 Insect screens. During the period from [DATE] to [DATE], 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 uti- lized in food for human consumption are processed, manufac- tured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self - closing device in good working condition. Exception: Screens shall not be required where other ap- proved means, such as air curtains or insect repellent fans, are employed. 304.15 Doors. All exterior doors, door assemblies and hard- ware shall be maintained in good condition. Locks at all en- trances to dwelling units, rooming units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and sur- face drainage water. 304.17 Guards for basement windows. Every basement win- dow that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. 304.18 Building security. Doors, windows or hatchways for dwelling units. room units or housekeeping units shall be pro- vided with devices designed to provide security for the occu- pants and property within. 10 - 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® 2009 International Property Mai ntenanQp,QQdp, referenced in Ordinance 16 -10 to be adopted 304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock meeting specifica- tions set forth herein. Such deadbolt locks shall be operated only by the turning of a knob or a key and shall have a lock throw of not less than 1 -inch. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. Such deadbolt locks shall be installed according to manufacturer's specifications and maintained in good work- ing order. All deadbolt locks required by this section shall be designed and installed in such a manner so as to be operable inside of the dwelling unit, rooming unit or housekeeping unit without the use of a key, tool, combination thereof or any other special knowledge or effort. 304.18.2 Windows. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking devices. 304.18.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or house- keeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. SECTION 305 INTERIOR STRUCTURE 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. 305.2 Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. 305.3 Interior surfaces. All interior surfaces, including win- dows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, de- cayed wood and other defective surface conditions shall be cor- rected. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be main- tained in sound condition and good repair. 305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, head- ers or tracks as intended by the manufacturer of the attachment hardware. SECTION 306 HANDRAILS AND GUARDRAILS 306.1 General. Every exterior and interior flight of stairs hav- ing more than four 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 which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches (1067 mm) high measured verti- cally above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, bal- cony, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempted by the adopted building code. SECTION 307 RUBBISH AND GARBAGE 307.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. 307.2 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. 307.2.1 Rubbish storage facilities. The owner of every oc- cupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsi- ble for the removal of rubbish. 307.2.2 Refrigerators. Refrigerators and similar equip- I ment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors. 307.3 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 ap- proved garbage containers. 307.3.1 Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incin- erator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container. 307.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close - fitting covers for the storage of such materials until re- moved from the premises for disposal. SECTION 308 EXTERMINATION 308.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or ro- dents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After ex- termination, proper precautions shall be taken to prevent reinfestation. 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® 11 2009 International Property Maintenance Code GENERAL renced in Ordinance 16 -10 to be adopted shall be removed, replaced or changed in a manner that reduces 10. Veneer, cornices, belt courses, corbels, trim, wall its effectiveness as a safety barrier. facings and similar decorative features not properly Exception: Spas or hot tubs with a safety cover that com- anchored or that are anchored with connections not plies with ASTM F 1346 shall be exempt from the provi- capable of supporting all nominal loads and resist- � sions of this section. ing all load effects; SECTION 304 EXTERIOR STRUCTURE 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 304.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the Inter- national Existing Building Code as required for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength; 2. The anchorage of the floor or roof to walls or col- umns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects; 3. Structures or components thereof that have reached their limit state; 4. Siding and masonry joints including joints between the building envelope and the perimeter of win- dows, doors and skylights are not maintained, weather resistant or water tight; 5. Structural members that have evidence of deteriora- tion or that are not capable of safely supporting all nominal loads and load effects; 6. Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resist- ing all load effects; 7. Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materi- als, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects; 8. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drain- age, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of support- ing all nominal loads and resisting all load effects; 9. Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not prop- erly anchored or are incapable of supporting all nominal loads and resisting all load effects; 11. Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nom- inal loads and resisting all load effects; 12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with con- nections not capable of supporting all nominal loads and resisting all load effects; or 13. Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resist- ing all load effects. Exceptions: 1. When substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted when approved by the code offi- cial. 304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay - resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and sur- faces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. [F] 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). 304.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 304.5 Foundation walls. All foundation walls shall be main- tained plumb and free from open cracks and breaks and shall be 12 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE® 2009 International Property Maintenance Code referenced in Ordinance 16 -10 to be kept in such condition so as to prevent the entry of rodents and other pests. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and property surface coated where required to prevent deterioration. 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects thatadmitrain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a man- ner that creates a public nuisance. 304.8 Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 304.9 Overhang extensions. All overhang extensions includ- ing, but not limited to canopies, marquees, signs, metal awn- ings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather -coat- ing materials, such as paint or similar surface treatment. 304.10 Stairways, decks, porches and balconies. Every exte- rior stairway, deck, parch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 304.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather - coating materials, such as paint or similar surface treatment. 304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. 304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 304.14 Insect screens. During the period from JDATE] to [DATE], 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 uti- lized in food for human consumption are processed, manufac- tured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 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. 304.15 Doors. All exterior doors, door assemblies and hard- ware shall be maintained in good condition. Locks at all en- trances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accor- dance with Section 702.3. 304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and sur- face drainage water. 30417 Guards for basement windows. Every basement win- dow that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. 304.18 Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be pro- vided with devices designed to provide security for the occu- pants and property within. 304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt loch designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a lock throw of not less than 1 inch (25 mm). Such deadbolt locks shall be installed according to the man- ufacturer's specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. 304.18.2 Windows. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. 304.18.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or house- keeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. SECTION 305 INTERIOR STRUCTURE 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sani- tary condition. Every owner of a structure containing a room- ing house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupan- cies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. 305.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the Inter- 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE" 13 2009 International Property Maintenance Code ?M rence � REQUIREMENT in Ordinance 16 -10 to be adopted national Existing Building Code as required for existing buildings: SECTION 306 COMPONENT SERVICEABILITY I. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength; 2. The anchorage of the floor or roof to walls or col- umns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects; 3. Structures or components thereof that have reached their limit state; 4. Structural members are incapable of supporting nom- inal loads and load effects; 5. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects; 6. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. When substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be per- mitted when approved by the code official. 305.2 Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. 305.3 Interior surfaces. All interior surfaces, including win- dows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. 305.4 Stairs and walking surfaces. Every stair, ramp, land- ing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. 305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, head- ers or tracks as intended by the manufacturer of the attachment hardware. 306.1 General. The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. 306.1.1 Unsafe conditions. Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code as required for existing build- ings: L Soils that have been subjected to any of the following conditions: 1.1. Collapse of footing or foundation system; 1.2. Damage to footing, foundation, concrete or other structural element due to soil expan- sion; 1.3. Adverse effects to the design strength of footing, foundation, concrete or other struc- tural element due to a chemical reaction from the soil; 1.4. Inadequate soil as determined by a geotech- nical investigation; 1.5. Where the allowable bearing capacity of the soil is in doubt; or 1.6. Adverse effects to the footing, foundation, concrete or other structural element due to the ground water table. 2. Concrete that has been subjected to any of the follow- ing conditions: 2.1. Deterioration; 2.2. Ultimate deformation; 2.3. Fractures; 2.4. Fissures; 2.5. Spalling; 2.6. Exposed reinforcement; or 2.7. Detached, dislodged or failing connections. 3. Aluminum that has been subjected to any of the fol- lowing conditions: 3.1. Deterioration; 3.2. Corrosion; 3.3. Elastic deformation; 3.4. Ultimate deformation; 3.5. Stress or strain cracks; 3.6. Joint fatigue; or 3.7. Detached, dislodged or failing connections. 14 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE® 2009 International Property Maintenance Code referenced in Ordinance 16 -10 to be 4. Masonry that has been subjected to any of the follow- ing conditions: 4.1. Deterioration; 4.2. Ultimate deformation; 4.3. Fractures in masonry or mortar joints; 4.4. Fissures in masonry or mortar joints; 4.5. Spalling; 4.6. Exposed reinforcement; or 4.7. Detached, dislodged or failing connections. 5. Steel that has been subjected to any of the following conditions: 5.1. Deterioration; 30 inches (762 mm) high above the floor of the landing, bal- cony, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempted by the adopted building code. SECTION 308 RUBBISH AND GARBAGE 308.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. 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. 5.2. Elastic deformation; 308.2.1 Rubbish storage facilities. The owner of every occupied premises shall supply approved covered contain - 5.3. Ultimate deformation; ers for rubbish, and the owner of the premises shall be 5.4. Metal fatigue; or responsible for the removal of rubbish. 5.5. Detached, dislodged or failing connections. 6. Wood that has been subjected to any of the following conditions: 6.1. Ultimate deformation; 6.2. Deterioration; 6.3. Damage from insects, rodents and other ver- min; 6.4. Fire damage beyond charring; 6.5. Significant splits and checks; 6.6, Horizontal shear cracks; 6.7. Vertical shear cracks; 6.8. Inadequate support; 6.9. Detached, dislodged or failing connections; or 6.10. Excessive cutting and notching. Exceptions: 1. When substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be per- mitted when approved by the code official. SECTION 307 HANDRAILS AND GUARDRAILS 307.1 General. Every exterior and interior flight of stairs hav- ing more than four 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 which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches (1067 mm) high measured verti- cally above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 308.2.2 Refrigerators. Refrigerators and similar equip- ment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors. 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. 308.3.1 Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incin- erator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container. 308.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close - fitting covers for the storage of such materials until removed from the premises for disposal. SECTION 309 PEST ELIMINATION 309.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation. 309.2 Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure. 309.3 Single occupant. The occupant of a one - family dwell- ing or of a single- tenant nonresidential structure shall be responsible for extermination on the premises. 309.4 Multiple occupancy. The owner of a structure contain- ing two or more dwelling units, a multiple occupancy, a room- ing house or a nonresidential structure shall be responsible for 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE 15 2009 International Property Maintenance Code referenced in Ordinance 16 -10 to be adopted CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION 601 GENERAL 601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided. 601.2 Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equip- ment in compliance with these requirements. A person shall not occupy as owner - occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter. [DATE] to [DATE] to maintain a temperature of not less than 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 vig- orous physical activities. 602.5 Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall. SECTION 602 HEATING FACILITIES 602.1 Facilities required. Heating facilities shall be provided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room tempera- ture of 68 °F (20 °C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. 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 unit, rooming unit, dormitory or guestroom on terms, either expressed or im- plied, to furnish heat to the occupants thereof shall supply heat during the period from [DATE] to [DATE] to maintain a tempera- ture of not less than 68 °F (20 °C) in all habitable rooms, bath- rooms, and toilet rooms. Exceptions: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, mainte- nance 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 Appendix D of the International 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 SECTION 603 MECHANICAL EQUIPMENT 603.1 Mechanical appliances. All mechanical appliances, fireplaces, solid fuel- burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. 603.2 Removal of combustion products. All fuel- burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Fuel- burning equipment and appliances which are labeled for unvented operation. 603.3 Clearances. All required clearances to combustible ma- terials shall be maintained. 603.4 Safety controls. All safety controls for fuel- burning equipment shall be maintained in effective operation. 603.5 Combustion air. A supply of air for complete combus- tion of the fuel and for ventilation of the space containing the fuel- burning equipment shall be provided for the fuel- burning equipment. 603.6 Energy conservation devices. Devices intended to re- duce fuel consumption by attachment to a fuel- burning appli- ance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. SECTION 604 ELECTRICAL FACILITIES 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the re- quirements of this section and Section 605. 604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional fa- 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® 17 2QQqjnternati, Maintenance Code referenced in 5rdinance 16 -10 to be adopted cilities in accordance with the ICC Electrical Code. Dwelling units shall be served by a three -wire, 120/240 volt, single - phase electrical service having a rating of not less than 60 am- peres. 604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occu- pants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be cor- rected to eliminate the hazard. SECTION 605 ELECTRICAL EQUIPMENT 605.1 Installation. All electrical equipment, wiring and appli- ances shall be properly installed and maintained in a safe and approved manner. 605.2 Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Ev- ery laundry area shall contain at least one grounded -type recep- tacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit inter- rupter protection. 6053 Lighting fixtures. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric lighting fixture. SECTION 606 ELEVATORS, ESCALATORS AND DUMBWAITERS 606.1 General. Elevators, dumbwaiters and escalators shall be maintained to sustain safely all imposed loads, to operate prop- erly, and to be free from physical and fire hazards. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter; or the certificate shall be available for public inspection in the office of the building operator. 606.2 Elevators. In buildings equipped with passenger eleva- tors, at least one elevator shall be maintained in operation at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. SECTION 607 DUCT SYSTEMS 607.1 General. Duct systems shall be maintained free of ob- structions and shall be capable of performing the required func- tion. 18 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® 2009 International Property Maintenance Code referenced in Ordinance 16 -10 to be adopted CHAPTER MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION 601 GENERAL 601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided. 601.2 Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equip- ment in compliance with these requirements. A person shall not occupy as owner - occupant or permit another person to occupy any premises which does not comply with the require- ments of this chapter. [DATE] to [DATE] to maintain a temperature of not less than 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 vig- orous physical activities. 602.5 Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (6 10 mm) inward from the center of each exterior wall. SECTION 602 HEATING FACILITIES 602.1 Facilities required. Heating facilities shall be provided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room tempera- ture of 68 °F (20 °C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. Exception: In areas where the average monthly tempera- ture 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 [DATE] to [DATE] to maintain a temperature of not less than 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, mainte- nance 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 Appendix D of the International 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 SECTION 603 MECHANICAL EQUIPMENT 603.1 Mechanical appliances. All mechanical appliances, fireplaces, solid fuel- burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. 603.2 Removal of combustion products. All fuel - burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Fuel - burning equipment and appliances which are labeled for unvented operation. 603.3 Clearances. All required clearances to combustible materials shall be maintained. 603.4 Safety controls. All safety controls for fuel- burning equipment shall be maintained in effective operation. 603.5 Combustion air. A supply of air for complete combus- tion of the fuel and for ventilation of the space containing the fuel- burning equipment shall be provided for the fuel- burning equipment. 603.6 Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel- burning appli- ance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. SECTION 604 ELECTRICAL FACILITIES 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605. 604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE Y1 ,Property Maintenance Code referenced in Ordinance 16 -10 to be adopted facilities in accordance with NFPA 70. Dwelling units shall be served by a three -wire, 120/240 volt, single -phase electrical service having a rating of not less than 60 amperes. 604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occu- pants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. 604.3.1 Abatement of electrical hazards associated with water exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equip- ment that have been exposed to water. 604.3.1.1 Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transform- ers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low- voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communi- cation equipment that have been exposed to water shall be replaced in accordance with the provisions of the International Building Code. Exception: The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manu- facturer's representative indicates that the equipment has not sustained damage that requires replacement: 1. Enclosed switches, rated 600 volts or less; 2. Busway, rated 600 volts or less; 3. Panelboards, rated 600 volts or less; 4. Switchboards, rated 600 volts or less; 5. Fire pump controllers, rated 600 volts or less; 6. Manual and magnetic motor controllers; 7. Motor control centers; 8. Alternating current high - voltage circuit breakers; 9. Low - voltage power circuit breakers; 10. Protective relays, meters and current trans- formers; 11. Low- and medium - voltage switchgear; 12. Liquid - filled transformers; 13. Cast -resin transformers; 14. Wire or cable that is suitable for wet locations and whose ends have not been exposed to wa- ter; 15. Wire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water; 16. Luminaires that are listed as submersible; 17. Motors; t8. Electronic control, signaling and communica- tion equipment. 604.3.2 Abatement of electrical hazards associated with lire exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equip- ment that have been exposed to fire. 604.3.2.1 Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water heat- ing, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accor- dance with the provisions of the International Building Code. Exception: Electrical switches, receptacles and fix- tures that shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement. SECTION 605 ELECTRICAL EQUIPMENT 605.1 Installation. All electrical equipment, wiring and appli- ances shall be properly installed and maintained in a safe and approved manner. 605.2 Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded -type receptacle or a receptacle with a ground fault circuit inter- rupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. 605.3 Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and fur- nace room shall contain at least one electric luminaire. SECTION 606 ELEVATORS, ESCALATORS AND DUMBWAITERS 606.1 General. Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most cur- rent certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, be available for public inspection in the office of the building operator or be posted in a publicly conspicuous location approved by the code official. The inspection and tests shall be performed at not less than the periodic,intervals listed in ASME A17.1, Appendix N, except where otherwise specified by the authority having jurisdiction. 606.2 Elevators. In buildings equipped with passenger eleva- tors, at least one elevator shall be maintained in operation at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. 22 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE® RECORD OF PROCEEDINGS Min utes of Dub hrp 0i # ^ g +_ Mee I L E_W_L aLA INC., Gq wM 1011! -- — � - -.. January 3, 2005 Page 2 [eld 20 e ordinance was post ned until /na Council meeting. Mayor Chinnici -Zue er suggesteg three ordinan s be addressed at the me tim e, due to ure. Ordinance 85 4 Amending ction 150.00 of the Ordina s, Adopting the 2004 Re ential Code of Ohio. Ordinance 86 -04 Modifying and Adopting the ICC (International Code Council) 2003 National Property Maintenance Code and Amending Portions of the Dublin Codified Ordinances. Ordinance 87 -04 Amending Section 0.00 of the Dublin C Ified Ordinances, A ting the 2005 Edition of t National Electrical de. Mr. McCash sta that he received a p ne call from Mr. Price garding this and the two ordin ces that follow. One the questions related t the implementation of the Nati al Electric Code was ` temporary electric p its. He believes the were alr dy addressed under I building code. Mr. P ' responded that ther re instances where th a are not buildings inv ed --11 poles, special even , etc. They are within t scope of the National El ctric Code and there f he is recommending a adoption of the NEC r. McCash stated tha is only concern with t would be coordinatio . Mr. Price assured hi that he would make e ry effort to smoothly c out the administration of t se changes. Vote on the Or antes: Mayor Chinnic' uercher, yes; Mr. Rei r, yes; Ms. Salay, yes; WMcCash, yes; Mr. Lec der, yes; Mrs. Boring, s. ZI INTROD CTIONII=IRST READ] — ORDINANCES BID A ARD O ' ance 01 -05 copting the Lowest/B t Bid for the Killilea P rk Project and Appr dating ands Therefor. (Sec d reading /public hea ng January 18, 2005 ouncil meeting) Mr. Lecklider intro ced the ordinance. Mr. Hahn stated at this is a neighborho park for the Killilea s division. Staff is recommendin his be held over for se nd reading /public h ng on January 18. Mayor Chin ci- Zuercher asked if th eighborhood particip ed in its development Mr. Hahn esponded affirmatively. itizens were involved ith public meetings a conce designs for this park. The r will be a second readi public hearing at the nuary 18 Council me ng. Vd OMIC DEVELOP NT INCENTIVE nce 02 -05 rizing the Pr islon of Certain Incentives for Purposes o elocating erations a Automation and Control Technology, Inc. CT) and Its rce to t e City, and Authorizin§ the Execution of a conomlc pme Agreement. (Secon reading /public hears January 18, 2005 il m sting) l introduced the ordina e. utigam stated that this ompany is a spin -off ABB and has c hosen in Dublin and has pu aced a facility. In vi of this permanent co fitment ity, staff is necom ending approval at the stood readinairing. Chinnici-Zuerchs stated that this is ails great opporte of an existing building. The vacancy resulted fro a previous coming to a larger facility. There will be a �c reading /public h ring at the January 1 eeting. 111►T11911 RECORD OF PROCEEDINGS Min of Dublin Citv Council Meetia�t December 13, 2004 Page 14 Held 20 V utigam stated that t ' and the following two dinances adopt update elated to buildin onstruction. Mr. Price i present to respond to /Elec tric ns. Cash noted t t for the residential bu y will adop is locally. HB 175 put e into ce in 2006- He does e s the ectricat code. He is no ertai n d standard in the built code, division, the City is req ' ed to enfo is Board of Building St lords. On h al Electric Code. H as dealt with th s it is unnecessa to pass this legisk 9ng code, this is likely i ast year rth a mandatary resid fief code and oncern with Ordina e 87 -04, which why the City wo adopt this, as it is id by virtue of a certification of the :e the lates les and regulations of arch 1, t standard will be the 20 in tw ther jurisdictions and ion Mr. Price r it he believes that doin so makes it much mor fear that it �! applies to a single ily residence as well. a update applies to t commercial code, but not to e, two and three -famfl wellings. There are al certain applications t' are not addressed, s as pump stations, lig poles and other I electrical d ices, that he wants to ke sure are regulated the NEC, as they may not 1 under one of those b 'ding codes. Mr. M ash to that the res' ential code adopts the Otest edition of the Natio I�PP Ele c Code, / Price responded that ' is actually not included i is up to the City to ado it acally- Mr. McCash asked i will be set up that it wii a mandatory to comp) y March 1 with the 2005 cod or will there be a grace eriod as discussed at t Board of Building Stand ds? Mr. Price st d that his goal is to me what the State has est fished and to be compatibl ith what is being done t the State level. His u erstanding is that the State h not made a final decis' about a grace period this time. �1 Xee will be a second rea . gJpublic hearing at the g. f n uary 3, 2005 Counci I� Ordinance 86 -04 ' Modifying and Adopting the ICC (International Code Council) 2003 National Property Maintenance Code and Amending Portions of the Dublin Codified Ordinances. Mr. Lecklider introduced the ordinance. There will be a second reading/public hearing at the January 3, 2005 Council meeting. rdinanc /second Amendin0 of the Dublin red Ordinances, Ado rng the d� 2005 Editinal Electrical C e. Ms. Salay rdinance. There will ding /public Co aring at the January 3 005 Council meeting. Ordi ce 88 -04 A nding Section 73.01 o he /Drug dified O finances Regarding iving under the Infiue ce of Drug and Declaring an Emergency. Ms. Salay introduce he ordinanMr. Smith noted t t the State haed a 20 -year "look bac for OMVI offenses. Star# ecommends appergency to mirror th State code. Mr. Lecklide oted that on page inance, Section G A, third line, the language ates, "... pleads guilt four violations." his should be checked/ . RECORD OF PROCEEDINGS Minutes of . - ------ ...- -- - - - _ - DubUii City _Cbuiicil lyleetiri Meeting Mrs. ring stated that would be di minatory. The safety issue n S.R. 257 are also cri ' 'al with the high school loca ' n on Hard Road. There are any teen drivers who avel along S.R. 257, and inc asing truck traffic would res in a dangerous situation for them. i Mayor KranstuberrAed the question. Vote on the mafi& - Mr. Adamek, yes; Mr. P rson, yes; Mr. Reiner, no; . Boring, no; Mr. Mc t, yes; Mayor Kranstuber, y r Ordinance No. 72 -98 - An Ordinance Modifying and Adopting the BOCA National Property Maintenance Code and Amending Portions of the Dublin Codified Ordinances. (Public hearing tabled until August 10, 1998) Mayor Kranstuber moved to take Ordinance 72 -98 from the table. Mr. Adamek seconded the motion. Vote on the motion - Mr. Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes. Mr. McCash noted that when this legislation was considered by a previous Council, it was defeated with a tie vote. Council members Campbell and Stillwell had some concerns with the scope of the ordinance, and the ordinance has now been modified. This ordinance provides benefit by giving the City the ability to enforce quality maintenance procedures for existing buildings. Columbus, Upper Arlington, and Grove City all use some version of a property maintenance code. Mrs. Boring stated she has several concerns with this legislation: 1. She supports having a property maintenance code, but this version may infringe on privacy rights. 2. There is a danger of selective enforcement and she disagrees with the "big brother" type of approach. 3. It would increase the workload for the Building Division in terms of existing structures when they have difficulty handling applications for new structures. 4. The sections of the BOCA Code relating to ethics and official records were deleted from this ordinance, and she does not understand why. 5. The appeal rights have also been deleted. In summary, she is not willing to support this tonight. Mr. McCash responded that the sections relating to ethics, official records and appeals were deleted by the Law Department in the first draft of the legislation since these items are addressed elsewhere in Dublin's Code or in the Charter. Mr. Smith stated that the Law Department has reviewed the ordinance and they are satisfied that it will be workable. Mayor Kranstuber called the question. Vote on the ordinance - Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, no; Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Peterson, yes. Ordinpffle No. 79 -98 - An Ordinance A Ling the Lowest/Best Bid for t lost R Water Tower Interior Paintin ud Declaring an Emergency. Mr. Hansley stated that this involy necessary interior painting for ater tower. Mayor Kranstuber moved to t t this as emergency legislation. Mr. Peterson seconded d otion. Vote on the motion - ayor Kranstuber, yes; Mr. McC , yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. terson, yes. - Mrs. Bor=Accepting er, yes; Mr. McCash, y , Mr. Peterson, yes. nance No. 80 -98 - An Ordi cc est and t Bid for the RECORD OF PROCEEDINGS Minutes of — Dublin City Ciiuncil Meeting - " Pag1.e ".. Meeting Council would choose t uspend construction plan or the hike path. Mrs. Boring indicate at it is premature to mak a judgment at this time. uncil has directed staff to co uct an extensive public i ut process far this project 'lid the information wil ett be presented to Cn ' . Mr. /pr' mented that this bike p ou is a long- standi/ City Council and as been in the planni stages for years. Mr. d that his concem ' the potential that the be approved by Cou turned down b the citizens in a referend Mr. Helwig reported th a news release was distri ed to Council tonight reg ing Ashland, Inc ,'s deci ' n to move their corporate eadquarters from Ashland entucky to Covington, Ken[u y. Staff has been adviscoat there will be only min impact on the Dublin operati s of Ashland Chemical. a master plan for future bt ' dings in Dublin will stay in ce. d2tes from Staff Mrs ooing asked about the st s of several items: 1 Ms. Hide Pittaluga's quest for an update on th terview process for the consultant for the uthwest area plan update. Mr. Helwig responded at Ms. Clarke will intervi firms immediately folio ng the if review of the propo s. Ms. Clarke added that aff is hopeful that the revi will be completed this is ,with interviews scliedu for the following two w s. Mr. Hclwig n d that staff will then pros information to the Com city Development Committee - previously directed by C ncil. 2 Hide Pittaluga had requ ed a copy of the recent su ine law update. Mir. S ith agreed to forward then opies to Council. 3. Council is expecting a ort on the condition of ry/Muirfield Road in reg to its weight capacit id truck traffic. Mr. Helwig responded th a report regarding the tru traffic on Avery/Muirfie will be finalized this week for resentation to Council on ugust 10. The study rega ng the structural strength he roadway has been fun d in this year's CIP. Thi nalysis will be initiated sho . LEGISLATION SECOND READING & PUBLIC HEARING - ORDINANCES Ordinance No. 72 -98 - An Ordinance Modifying and Adopting the BOCA National Property Maintenance Code and Amending Portions of the Dublin Codified Ordinances. There was no one present to testify on this ordinance. Mr. McCash noted that this ordinance was considered by a previous Council and defeated by a tie vote of 3 -3. In view of the absence of three members tonight, he suggests that this item be tabled until the August 10 meeting. Mr. McCash moved to table the ordinance until August 10. Mr. Adamck seconded the motion. Mrs. Boring asked staff what other communities are doing in terms of legislating property maintenance. Mr. Jones responded that Columbus and Westerville have adopted this property maintenance code; Grove City has adopted the 1993 version of the code. He is not aware of what Worthington and Upper Arlington have done in this regard. Mr. Helwig stated that this information will be provided to Council prior to the next meeting. Vote on the motion - Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mr. Adamek, yes; Mr. McCash, yes. Ordin ce 79 -98 - An Ordin Wa To Interior Paint! Adamek introduced the Ut KAccepting the Lowest/B and Declaring an Emed finance. Bid for the Post Road RECORD OF PROCEEDINGS Minutes of Meeting City Couridil e6diig Page Z ... + 4 No. 31- 98(Ame ed) - An Ordinance Pr iding for a Change in 7 ing or 5.784 Acres of Land ocated on the Northeas vrner of Rings Roa d and Paul / eia r Memorial P kway, from: OLR, Off , Laboratory and Rese ch to: SO, Su rban Office and In'dt onal District. {Cendant ernational - gs Road nice Burkholder attorn for Mr. Tom Ryan: The ownsend y, 69 S rs Road, Wyland, Mass tdsetts 01778) ran be r asked that Ms. Clar respond to any question om Council on this . re no qu /rcpres(nfin cil. chmida applicant, noted he is went to respond to any s. ra,stubel with the conditio of the Planning & Zoni Commission. Mr. Reiner secon Pittaluga, s; Mr. Peterson, yes; Mr. cCash, abstained; Mrs oring, yes; Mr. Reiner, s; Mr. Adamek, yes; Mai Kranstuber, yes. /ption No. 68 -98 - An Qrdina a to Adopt the Propose 4'ax Budget for Fiscal / his d Dlaring an E rgency. at this ie ation is required by the s e, and staff is recomm ln; cy to c ply with the state's time ame of July 20. ove o treat this as emergenc y gislation. M. Hide Pc ded the motion. Vote on the r. McCash, yes; Mr. Re' er, yes; Mrs. Boring, yes- r. Peterson, yes; Mr. Ads; his Kranstuber, y ; Ms. Hide Pittaluga, yes - Mrs. Boring, yes; r. Adamek, yes; Ms. Hi Pittaluga, yes; Mayor Kran s; Mr. McCash, ; Mr. Peterson, yes; Mr. emer, yes. Ordin ce No. 69 -98 - An Ordl net Accepting the Losv t and Best /Ente Pr o cement of a New Leaf ader and Authorizing t City Mana a ontract Governing the acuremenC of Said Eq ment. Mr. Hansley stated that s f is recommending the Io bid as outlined in Vote on the ordinance rs. Boring, yes; Mr. A ek, yes; Mr. Reiner, Peterson, yes; Mayo ranstuber, yes; Mr. Me sh, yes; Ms. Hide Pittal INTRODU & FIRST READING - ORDINANCES Ordinance No. 72 -98 - An Ordinance Modifying and Adopting the BOCA National Property Maintenance Code and Amending Portions of the Dublin Codified Ordinances. Mr. McCash introduced the ordinance. Mr. McCash provided a brief history of this ordinance. It was introduced back in 1996, referred to Community Development Committee, and then defeated at Council by a tie vote of 3 -3. The issue at that time was with the language in Section 101.2 and how it would affect existing structures. That language has now been clarified and the issue has been addressed. He requested that Council hold this over for a second reading on July 20. Mrs. Boring requested a copy of the complete BOCA Maintenance Code. Mayor Kranstuber stated this would be held over for a second reading and public hearing on July 20. Onance No. 73 -98 - An Or ones Authorizing the C' Manager to Enter into ,�t'greement with the Board Trustees of itVashingto ownship, Franklin Cou y, Ohio for the City of Du n to Provide Commuuic ons Services, and Decla g an Emergency. Mayor Kranstuber i reduced the ordinance. Mr. Hansley sta that this agreement is si ` ar to what has been in pla for the last six years. Staff ' recommending adoption a is time because of the cri ' al nature of the communi ion services and the fact t the previous contract ex ' ed at the end of May. The m• r change with this agree t is that the township has eed to pay the City a RECORD OF PROCEEDINGS Minutes of Meeting g Held -19 axton, SuperAmerica 5e ' r /hn Real Estate ager, Suite DAC2, 5200 au Blazer Memorial Par ay, DH 43017) Registered in favor of a rezon Chris C ' e, 6060 Post Road; John ltaxtan, 318 Avon Court. re were ned op vents to the rezoning. Mr. McCash n that Council a final development text 'or to Planning Cammissio eview. The only ade at Planning Commis ' n was to the maximu ensity of the site - pr, the text specified 15, square feet per acre and it revised to 12,000 squ er acre with Wig, f acv 5F Clarke showed slides of a site and surrounding This rezoning is a foil - p measure to a failed r e request which would ave included a SuperAm 'ca gas station, fast food sales, oil change facility and wash. Council believed ' was important to initiate rezoning to eliminate the isting LI zoning in the m' st of an otherwise resident I neighborhood. A colla native effort of the neigh hood representatives taff, Council, and Ashl representatives worked o an agreed upon text for this oring. This rezoning w permit suburban office institutional uses / drnivo-ughs f 1 laboratory and res ch uses, veterinary hosp' s without kennels, or in association with itted uses. Planning mmission recommended anuary 16, 1997 one condition: that the elopment text be revise imum d axensi o 12,000 square feet of b ding per acre or 15,000 ith structu arking and the maximum t coverage to 70 percent Road, representing Dubl' Neighbors for a Planned ( mmunit it stated that they su or( this proposal which is imiiar to the 1987 pro for this l piece of land. s rezoning text carries ugh the original Perimet Center plan II and the City' ision for planned develop2ent along the gateway t ublin. He 'i thanked C ncil and Ashland for thei ork on this rezoning. jl it ted that he represents Su America. The text be re Council reflects what agreed to at Planning mmission, however he d t recall that Exhibit A, " ublin Lighting Guidelin was a part of the approv text. His recollection is that t text indicated that all si 'ghting shall comply wi ublin zoning code. He doe not, however, object to t inclusion of Exhibit A. it Mrs. Stillwell a ed why the staff recomm dation included 5 conditi s and only one condition wa ppended by Planning Co ission. Mr. Mcc indicated that the condit s recommended to Plan . g and Zoning Commi on were addressed withi a revised text. ii Mayo stuher moved appro of the Ordinance with condition of Planning Zo ng Commission as listed ' the Record of Action of uary 16, 1997. rs. Boring seconded the otion. Vote 0the ©lion - M or Kranstuber, yes; Mr. mpbell, yes; Ms. Hid/Puga, !I yes; Mrs. Stillwell, y ; Mr. McCash, yes; Mrs oring, yes. Ordinance 105- 96(Amended) - An Ordinance Adopting a Property Maintenance Code for the City of Dublin. Ms. Grigsby noted that this item was taken off the table at the last Council meeting and scheduled for public hearing tonight. Mr. McCash, Mr. Lenz and Mr. Banchefsky have worked on this legislation. Mr. McCash indicated that for existing buildings, the building code requirements in place at the time the building was built are the standard. However, a hazardous condition definition has been added to the ordinance which mirrors the Ohio Basic Building Code and Ohio Revised Code definition. Having a property maintenance code in place will be in the City's best interests during the upcoming grading of building departments for insurance purposes. RECORD OF PROCEEDINGS Minutes of Meeting GAY QN LEGAL BLANK CO.. FORM NO. 10 4D j Held Tannarry 2 2 _ 1997 T19 i Comm ttee of the tional Women's Busin Owners' Association. Thanked Ms. W h for taking the time to rite a letter to Council d agrees that it is time that mething be done. 3. Commente hat he received by fax terday a notice to exile a the work along the Dub1' Upper Scioto connecto and that there is a need close a portion of Dube oad in the vicinity of L gview. He asked for s e additional info ation. Mr, Kin responded that severa oorings were made in t road and they are bein filled, losing the road will all the concret trucks ac ss to the area to expedit this wor . He added that the tim ame for the oing of ublin Road is still not c ain. 4 Noted that a repo as provided to the Ce ery Commission on th estoration of the Mitchell c etery - a project unde en by Boy Scout Troo 433. He was very impresse with their efforts and th amount of work done. 5. In regard t he intersection study re ed to Public Services, asked them to take into onsideration the effect t t the ultimate construct n of Perimeter Drive may h e on the need for a sign at Post and Avery. Th a may be an issue for furt r discussion regarding cost of the signal vers completing Perimeter ive which would offset ch of the traffic. 1/ She had the honorX attending the Dublin s Council recognition p gram last week. Council recognized as a major pporter and given a pr of an early Dublin fire t 2. Congratul ns to Cindy on her app ntment to the National siness Women's Associa ' n, and congratulations t oel on his reappointme to the NLC policy 3. Sh ad the opportunity tot with a consultant fro an Antonio who worke the development of the verwalk there. He visit Dublin last week and K checked out the waterfr t area. He will be bac the Colu/ea k with Gahanna and sh ould be interested in a ernbling a groeas on development o ublin's waterfront area 4,. She was sorry t ave misted the Comm ty Plan meeting, bery long Mayor's ourt session that eveni The Colu s Metropolitan Club is nging author of Mr. Kun er here on February 12 She suggested th at the ty purchase a table or two f this event. 6. She nd Mr. McCash are me ing with Jim Joyce of th ity of Columbus to ha a etter understanding of a Dublin Road timeline d to discuss the proble hick have been encou eyed in the project. 7, She has experienced 11 range of emotions t week, from the high p ` t of wonderful exhihra ' n during the inaugurati on Monday, combined ith Martin Luther King D , attending the memorial ervices for former Cou member Ed /emph an the depths of sadness fo our City with the murde of Larry Teets. ed that she has been le `ng over the past mont about "civil the middle group that i of government and not siness, but rather o come together ann roduce social capital. ere is a need to rebuild, and stren n the ties between cit' ens. She noted thae s. Weith in a c timing dialogue to conf ue to build and'strengt the ic of the co unity. wished his y6fe, Robin, a very HappyA 5th Anniversary LEGISLATI Tabled Ordinances Ordinance No. 105- 96(Amended) - An Ordinance Establishing the Minimum Regulations Governing the Conditions and Maintenance of all Property, Buildings and Structures Known as the Property Maintenance Code. Mr. McCash requested that this ordinance be tabled indefinitely pending resolution of RECORD OF PROCEEDINGS Minutes of ublin-Eit3 - unciWeeting — image 3 Meeting - 19 /the waly moved to refer th atter of non - public school iteria for safety lighting to lic Services Commi e, and specifically, the req t from St. Brigid's.. mpbell seconded a motion. Vote on the motion - McCash, yes; Mrs. Still 1, yes; Mr. Campbell, yes; Zawaly, yes; Mrs. oring, yes; Mayor Kranstu , yes; Ms. Hide Pittaluga, �I i added his congratulations ob Geis as the newly app " ted Chief of Police a wished him luck. atuber commented: Thanks to Mr. Zawal or representing Council at Chamber annual recogniti I� program. J 2. The project sta report has not been forwa ed to Council for some tim nd he suggested t reports on a monthly basis ould be helpful Council m bets agreed. 3. The ry/Muirfield/161 interchan is becoming more congest y the day, and the traffic improvements are n ded very soon. at is the status of the City' web page? Ms. gsby responded that Ms. P karcik and her staff are wo ng on this. The goal for r, mentation was January 1, d it will be ready shortly. a City is in the process of 1 anging the provider for ntemet which will result in tter service at a lower cos 5. Happy Birthday t i week to Dana McDaniel a Chuck Coleman. Swearing--W Geis Mayor lranstu proceeded to administer t oath of office to newly app " ted Chief of Police Rob s noting that Chief Geis has een an employee of Dublin r over 21 years. D.A.KE. Chic£[lei as instrumental in establis ' g the community oriented P icing and progra Chi eis commented briefly, th ' g Council, the City Man er and staff far their S port and confidence. He a recognized farmer Police of Ferrel], who was a lead A and innovator for Dublin's lice division. He introduce amity and friends who wet n attendance. LEGISLATION Tabled Ordinances Ordinance No. 105-96 - An Ordinance Establishing the Minimum Regulations 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 ror Occupation and Use, and the Condemnation of Buildings and Structures Unfit for Human Occupancy and Use, and the Demolition of Such ' Structures, known as the Property Maintenance Code. �= Mr. Hansley requested that this remain tabled until January 22. The ordinance remains tabled. Secon a ing & ku li Ord" ance No. 110 -96 - An Ordi nce Vacating Surplus Wil x Road Right -of- K McCash asked whether boundary line for Dublin a Columbus wilLbe- adjusted whether this property ow r will have a split jurisdictic situation. Mr. Kindra responde at a boundary adjustment w ld be appropriate, and the ordinance could b bled in order to work with t City of Columbus on this. Mt. Hansley su ested that Council table this dinance for two weeks to a w further investigatio Mrs. Bo • g asked if the City initially p chased this land. Mr. dra responded that this land as originally dedicated to th ity, not purchased. M .Boring moved to table the inance until January 22. r. McCash seconded the in on. RECORD OF PROCEEDINGS Minutes of Meeting blirrt'ity Cvmtcil - -P 9 v lI update. The applica as submitted a landsc a plan and site plan fo Council's `consideration. The Pl ng Commission will iew these plans at th nal development plan stage. She the owed slides of the sit and surrounding area. This application as reviewed by the PI ing Commission on vember 7, 1996 and Planning Co fission recommended roval by a vote of 5- The businesses in the i have indica d a need for more hot and restaurants in or to service the office populatio . Staff recommends a roval subject to the co itions listed in the R rd of Action ated November 7, 199 . 1. That the 60 -foot wid ght -of way for the ac s road from Metro P e North to the McKitrick pro y and parallel utility sements (20 feet wide) a deeded to the City before a roval of building pe s; That the owne agree to cooperate in Ian for a coordinated etpedestrian path along Metro lace North; 3. That a fu a second access drive provided to the new rth -south access road' 4. That th xisting fence row alo the north property lin # e preserved, and that lands pe and parking requir ents be incorporated final development pla reA w acceptable to staff, d 5. at brick or stone be t predominant exterior ilding material and tha architecture be consist t with both the cone at color rendering sub 'tted and the high quality of tro Center. Miliarn 1 Ma w w stat at he represents the applicant. Exten d Stay is a company a ed by Waaitie ng a George Johnson, and they are in the races of building Ext ded Stay faco bout the Unite d States. Forty w e completed this year, d plans are underway build 60 next year. They provide commodations for the usiness traveler and far eminars. There we no comments by Cou sl members. Mayor anstuber moved appr at of the rezoning wit a conditions of Plan g seconded nth@ motion - �icCash, yes; Ms. HidgRittaluga, yes; Mrs. Sell, yes; Kranstuber, ye Campbell, yes; Mr . Boring, yes; Mr. Zaw yes. Ordinance No. 105 -96 - An Ordinance Establishing the Minimum Regulations 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 Such Structures, known as the Property Maintenance Code. Mr. Hansley stated that staff requests tabling this until the next Council meeting to allow time to address some legal issues. Mayor Kranstuber moved that Ordinance No. 105 -96 be tabled until January 6, 1997. Ms. Hide Pittaluga seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes, Mr. McCash, yes. Mrs. Stillwell suggested that the title be revised to provide more clarity to the language "other physical things and conditions." k Ordi ance No. 106 -96 - A rdinance to Establi Appropriations Bas on the 19 Operating Budget the City of Dublin, ate of Ohio, for the F' cal Year nding December 31, 97. r. Hansley noted th these appropriations based on the 1997 b get which has been adopted. Per the R ised Charter, this ord' ance will be effective on adoption unless later date is speci ed. In this case, staff s specified December , 1996 at midnight. RECORD OF PROCEEDINGS Minutes of blir Meeting r - eitq - Corm Pa Mr. HayKy responded that the bulk oft ' project is within the townshi nd Dublin will have ` tle control over the project mjVno binding review of the desipotlocu ments. Zawaly commented that it is mucZ ject, so even ' it causes some inconvenience, the residents benefit Vote art_trtotion - s. Stillwell, yess es; Mr. Zawaly, yes; Mrs. Bo ' g, yes; Mayor Kran er, yes; Mr. CampbHide Pittaluga, yes. - Mayor Kranstu. Zawaly, yes; Mrs. Stillwoi yes; Mr. McCas s; Mrs. Boring, yes; Ms. Hid yes; Mr. Campbell, yep PFdinance No. 103 -96 - An Or ante Accepting the Lowest d Best Bid for the Cosgray Park Phase 11 Pro' t, Appropriating Funds Th or, and Declaring an Emergency. Mr. Hansley noted t staff is recomm Staff is r mmending the lowest and be il3dending adopti of this ordinance tonight by emergency beta of the time frames. der. Discussi ollowed about the City's re ements for contractors for pro' sand the impo nce of choosing not only the est bid, but the best bid as wel an the track r rd of the contractor. z Mr. Zawaly asked why mate 1 will be awarded to the 9se bid contractor since their bid on the alternate i gher than some of the others., , Mr. McDaniel r nded that it is preferable to h ejust one contractor workin ' he same area. Ms. Tor stated that the alternate bid ' e is based on the contractor b g awarded the base ' and already being on site to the rest of the work. Zawaly stated that he wiJKeed more information on this pfior to awarding the bid. Following additional ' cussion, Mr. Zawaly moved able Ordinance No. 103 -96 DecembZ16. Ms. Hide seconded the motion. - Mr. McCash, yes; 1 . Zawaly, yes; Mrs. Boring, y , ayor Kr ber, yes; Mr. Campbell, yes;Hide Pittaluga, yes; Mrs. St' ell, yes. Introduction & First Reading - Ordinances Ordinance No. 105 -96 - An Ordinance Establishing the Minimum Regulations 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 Such Structures, to be known as The Property Maintenance Code. Mr. McCash introduced the ordinance. Mr. Lenz stated that as described in his memo, the City will be rated by the ISO insurance program starting next year. This ordinance is designed to improve the regulations which are considered during the rating process. There will be no additional staffing required with this maintenance Code. Mrs. Stillwell noted that there are two sections in the model ordinance which not captured in the ordinance - one deals with inconsistent ordinances repealed and the other deals with the saving clauses. Mr. Lenz responded that the Law Department is reviewing the document and there may be modifications proposed based on their review. Mayor Kranstuber asked Mr. Banchefsky to review those sections in particular. Mr. McCash asked that staff ensure coordination between Dublin's existing Code and this proposal since the current ordinance calls for weeds to be cut when they are 12 inches and this requires cutting at 10 inches. There will be a second reading and public hearing at the December 16 Council meeting.