Chapter 17.22
INTERNATIONAL PROPERTY MAINTENANCE CODE
Sections:
17.22.020 Document adopted by reference.
17.22.030 Administration and enforcement – Rules and regulations.
17.22.040 Administration and enforcement – Building official authority.
17.22.060 Liability limitations.
17.22.070 Amendments – Additions.
17.22.080 Drug properties and structures.
17.22.090 City performance of work of demolition or repair, and recovery of costs.
17.22.120 Hearing examiner to function as appeals board.
17.22.010 Title.
This chapter shall be known as the International Property Maintenance Code of the city of Oak Harbor. (Ord. 1514 § 17, 2007).
17.22.020 Document adopted by reference.
The most recent edition of the International Property Maintenance Code published by the International Code Council as adopted by the Washington State Building Code Council under the provisions of Chapter 19.27 RCW is adopted by reference with the deletions, additions, and exceptions as set out in this chapter and shall be the city’s property maintenance code. One copy of each document listed in this section shall be filed in the office of the city clerk for examination by the public. The copy of code on file may be placed by the city clerk in the custody of the office of the building official in order to make them more readily available for inspection and use by the general public. (Ord. 1770 § 6, 2016; Ord. 1660 § 12, 2013; Ord. 1514 § 17, 2007).
17.22.030 Administration and enforcement – Rules and regulations.
The city council may upon notice and hearing promulgate such rules and regulations as may be necessary to the effective and efficient administration of the code. (Ord. 1514 § 17, 2007).
17.22.040 Administration and enforcement – Building official authority.
The International Property Maintenance Code shall be administered and enforced by the city building official. (Ord. 1514 § 17, 2007).
17.22.050 Notices.
It is unlawful for any person to remove, mutilate, destroy or conceal any lawful notice issued or posted by the building official pursuant to the provisions of this code. (Ord. 1514 § 17, 2007).
17.22.060 Liability limitations.
Nothing contained in this chapter or in the International Property Maintenance Code is intended to be, nor shall be, construed to create or form the basis for any liability on the part of the city or its officers, employees or agents, for any injury or damage resulting from the failure of a building to conform to the provisions of the International Property Maintenance Code. (Ord. 1514 § 17, 2007).
17.22.070 Amendments – Additions.
The following sections of the International Property Maintenance Code as adopted in OHMC 17.22.020 are amended to read as follows:
(1) Section 103.1 is hereby amended to read as follows:
103.1 General. The Division of Building Safety is hereby created and the official in charge thereof shall be known as the code official. All references to the term “code official” shall deem to mean the Building Official or any duly authorized representative.
(2) Section 103.5 is hereby amended to read as follows:
103.5 Fees. The fees for activities and services performed by the division in carrying out its responsibilities under this code shall be as indicated in OHMC 17.05.030, Table 17-2, Miscellaneous Building Inspection Fees. A fee for an on-site compliance inspection by the Building Official or his representative shall be as set forth by Table 17-2 Miscellaneous Building Inspection Fees. Upon such application and payment of the fee herein provided the Building Official shall notify the applicant of the date and time of the inspection.
(3) Section 201.3 is hereby amended to read as follows:
201.3 Terms Defined in Other Codes. When terms are not defined in this code and are defined in the International Building Code, International Fire Code, Uniform Plumbing Code, International Mechanical Code, International Existing Building Code, National Electrical Code or the City of Oak Harbor Municipal Code, such terms shall have the meaning ascribed to them as in those codes.
(4) Section 304.14 is hereby amended to read as follows:
304.14 Insect Screens. During the period from April 15th to October 15th, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25mm) 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 repellant fans, are employed.
(5) Section 505.1 is hereby amended to read as follows:
505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Uniform Plumbing Code.
(6) Section 602.3 is hereby amended to read as follows:
602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units, rooming unit, dormitory, guestroom, or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat throughout 360 days a year to maintain a temperature of not less than 68ºF (20ºC) in all habitable rooms, bathrooms, and toilets rooms.
Exceptions:
1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Table R301.2 (1) of the International Residential Code.
2. In areas where the average monthly temperature is above 30º F (-1º C) a minimum temperature of 65º F (18º C) shall be maintained.
(7) Section 604.2 is hereby amended to read as follows:
604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the National 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 amperes.
(Ord. 1514 § 17, 2007).
17.22.080 Drug properties and structures.
It is hereby declared that any building, structure and/or associated property wherein or upon which the manufacture, distribution, production or storage of illegal drugs or the precursors to create illegal drugs has taken place in a manner which could endanger the public, such building, structure and/or associated property is not only a dangerous property but is also of a classification of property calling for special procedures set forth in this section. The building official is authorized to abate such dangerous buildings, structures and associated properties in accordance with the dangerous building procedures set forth in such code, with the following modifications:
(1) Due to public safety hazard in drug-production facilities, the utilities shall be disconnected;
(2) Buildings and structures will be inspected to determine compliance with all city ordinances and codes;
(3) Buildings and entry gates to the property will be secured against entry until compliance with all city codes and ordinances is achieved;
(4) No reconnection of utilities or occupancy of the building, structures or property shall be allowed until all violations have been remedied, and all dangerous conditions abated to the satisfaction of the building official and a notice of release for occupancy has been received from the Island County Health District. (Ord. 1514 § 17, 2007).
17.22.090 City performance of work of demolition or repair, and recovery of costs.
If the owner or party in interest, following exhaustion of the rights to appeal, fails to comply with the final order to repair, alter, improve, vacate, close, remove, or demolish the dwelling, building, structure, or premises, the building official may direct or cause such dwelling, building, structure, or premises to be repaired, altered, improved, vacated, and closed, removed, or demolished. The amount of the cost of such repairs, alterations or improvements; or vacating and closing; or removal or demolition by the building official, shall be assessed against the real property upon which such cost was incurred unless such amount is previously paid. Upon certification by the city of the assessment amount being due and owing, the county treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020, as now or hereafter amended, for delinquent taxes, and when collected to be deposited to the credit of the general fund of the city. If the dwelling, building, structure, or premises is removed or demolished by the building official, the building official shall, if possible, sell the materials of the dwelling, building, structure, or premises, and shall credit the proceeds of such sale against the cost of the removal or demolition, and if there be any balance remaining, it shall be paid to the parties entitled thereto, as determined by the building official, after deducting the costs incident thereto. The assessment shall constitute a lien against the property, which shall be of equal rank with state, county and municipal taxes. (Ord. 1514 § 17, 2007).
17.22.100 Penalties.
(1) It shall be unlawful for a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building, structure or building service equipment or cause or permit the same to be done in violation of this chapter or the technical codes.
(2) Civil Violation. Except as provided in subsections (4) and (5) of this section, any violation of any of the provisions of this chapter or of the technical codes constitutes a Class 1 infraction as defined in Chapter 1.28 OHMC.
(3) Criminal Penalty. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who intentionally or knowingly violates any of the provisions of this chapter or the technical codes shall be guilty of a misdemeanor and upon conviction shall be punishable by a fine of up to $1,000 or a jail sentence of up to 90 days in jail, or both such fine and jail time.
(4) Violations of Orders under This Chapter. Any person constructing, repairing, operating, maintaining, changing an occupancy, occupying or moving a building, structure, occupancy, or premises contrary to the provisions of this chapter who continues to construct, repair, operate, maintain, change occupancy, occupy or move such building, structure, occupancy or premises when ordered by the building official to desist from violating a provision or provisions of this chapter shall be guilty of a misdemeanor punishable by a fine of up to $1,000 or a jail sentence of up to 90 days, or both such fine and jail time.
(5) Separate Offense. Each day or portion thereof upon which a violation occurs constitutes a separate offense under subsections (1), (2), (3) and (4) of this section.
(6) Destruction of Notice. It shall be unlawful for any person to remove, mutilate, destroy or conceal any notice issued and posted by the building official pursuant to the provisions of this chapter or the building code, which violations shall be a Class 1 infraction as defined in Chapter 1.28 OHMC. (Ord. 1717 § 37, 2015; Ord. 1514 § 17, 2007).
17.22.110 Severability.
Should any section, paragraph, sentence or word of this chapter or codes hereby adopted be declared for any reason to be invalid, it is the intent of the city council that it would have passed all other portions of this chapter and of the codes hereby adopted independent of the elimination herefrom of any such portions as may be declared invalid and accordingly such declaration of invalidity shall not affect the validity of this chapter as a whole nor any part hereof other than the part so declared to be invalid. (Ord. 1514 § 17, 2007).
17.22.120 Hearing examiner to function as appeals board.
All references to the term “board of appeal(s)” shall deem to mean the hearing examiner as per OHMC 18.40.180. Permits under this chapter shall be Type I review process as per OHMC 18.20.230. Appeals of decisions of applicable codes adopted under this chapter shall be to the hearing examiner. (Ord. 1514 § 17, 2007).