This article, including the standard code and amendments thereto incorporated by reference, shall constitute the minimum standards for the effective control of housing conditions in the city.
The “International Property Maintenance Code, 2012 Edition”, published by the International Code Council, Inc., and all amendments, supplements and appendices thereto, is hereby incorporated by reference and made apart hereof as if fully set out herein save and except certain parts, sections or portions thereof specifically referred to and omitted there from or as amended or modified herein. The “Standard Code” or “Property Maintenance Code” hereinafter referred to in this section is the “International Property Maintenance Code, 2012 Edition”, of the International Code Council Inc., 500 New Jersey Avenue, NW 6’ Floor Washington DC 20001,and is hereby incorporated by reference as the Property Maintenance Code of the City of Ottawa, Kansas.
One copy of the standard code with supplements and amendments are filed in the office of the city clerk and identified, marked or stamped as provided by statute K.S A. 12-3010, shall be filed with the City Clerk and shall be open to inspection and available to the public during reasonable business hours. The aforesaid code is hereby incorporated by reference as fully as if set out at length herein, and the provisions thereof, unless otherwise specifically provided for in this article, shall be controlling with respect to all subjects and matters therein contained within the corporate limits of the city and the Urban Growth Area..
As referenced and adopted by the City of Ottawa in the International Building Code, Article I, Section 6-104 of the Municipal Code.
Determination of, and condemnation of, dangerous or unsafe structures shall be governed by Ordinance 3202-96, Chapter VI, Article VI of the Municipal Code.
Permit fees shall be set by resolution.
In case of any difference of opinion in regard to the meaning of any of the rules mentioned or provided for in this article, the decision of the Chief Building Official shall be observed.
Any person, firm, or corporation violating any provisions of this article shall be deemed guilty of a Class B misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than $50.00 nor more than $500.00, or by imprisonment not to exceed 30 days, or by both such fine and imprisonment. Each separate day or part thereof shall constitute a separate offense.
The following are the revisions to the International Property Maintenance Code adopted in Section 6-1 a02:
Section 101. 1 Title. These regulations shall be known as the International Property Maintenance Code of the City of Ottawa, hereinafter referred to as “this code.”
Section 103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction. Delete this section.
Section 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees. Such employees shall have power as delegated by the code official. Delete this section.
Section 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule. (Jurisdiction to insert appropriate schedule). Delete this section.
Section 103.6 Fee refunds. The building official is authorized to establish a refund policy. Add this section.
Section 110 Demolition. Delete this section in its entirety.
Section 111 Means of Appeal. Delete this section in its entirety.
Section 112 Tenant Responsibilities. Add this section
Section 112.1 Duties of tenant. Add this section. The tenant shall:
1. Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
2. Keep the part of the premises that such tenant occupies and uses as clean and safe as the condition of the premises permit;
3. Remove from such tenant’s dwelling unit all ashes, rubbish, garbage and other waste and dispose of it in a clean and safe manner;
4. Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
5. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators in the premises.
State law reference - Duties of Tenant, K.S.A. 58-2555
Section 113 Landlord Responsibilities. Add this section.
Section 113.1 Duties of Landlord. Except when prevented by an act of God, the failure of public utility services or other conditions beyond the landlord’s control, the landlord shall:
1. Comply with the requirements of applicable building and housing codes materially affecting health and safety of the occupants of the structure.
2. Maintain in good and safe working order and condition - all electrical, plumbing, sanitary, heating, ventilating and air-conditioning appliances including elevators supplied.
3. Provide and maintain on the grounds appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit or other commercial structure and arrange for their removal.
4. Supply hot and cold running water at all times and heat during cold weather.
5. Nothing in this section shall be construed as abrogating, limiting or otherwise affecting the obligation of a tenant to pay for any utility or trash service in accordance with the provisions of the rental agreement. State law reference - Duties of landlord; agreement that tenant perform landlord’s duties; limitations, K.S.A. 58-2553
Section 113.2 Certain retaliatory actions by landlord prohibited. Landlord may not retaliate by increasing rent or decreasing services after the tenant has complained to the City of Ottawa Community Development Department for inspection and enforcement of building and housing codes, violations applicable to the premises materially affecting health and safety.
State law reference - certain retaliatory actions by landlord prohibited; remedies; increased rent, when, action for possession, when. K.S. A 58-2572
Section 302.4 Weeds. Delete it in its entirety.