NOTE: See also Chapter XI. “Property Maintenance.”

There is hereby adopted and incorporated by reference for the purpose of 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. That one (1) copy of which is on file in the office of the City Clerk of the City of Bonner Springs, being marked and designated as the 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 of Bonner Springs, in the State of Kansas; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any prescribed in Section 4‑502.

(Code 2014; Ord. 2411)

Certain Sections of the International Property Maintenance Code, 2009 Edition are amended as follows:

Section 101.1 TITLE.

       These regulations shall be known as the Property Maintenance Code of Bonner Springs, herein after referred to as “this code”.

Section 102.3 APPLICATION OF OTHER CODES.

       Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code 2015 Edition, International Plumbing Code 2015 Edition, International Mechanical Code 2015 Edition, International Fuel Gas Code 2015 Edition and the 2014 Edition NFPA 70 National Electrical Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Bonner Springs Master Plan.

Section 106.4 VIOLATION PENALTIES.

       (a) Any person who shall violate any of the provisions of this code, violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specification or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the building official or other property City authority or by a court of competent jurisdiction, within the time fixed herein, or who shall construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure in violation of the provisions of this code, shall severally for each and every such violation and noncompliance, respectively, be guilty of a Class C violation as prescribed by the Public Offense Code of this City. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations within a reasonable time; and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.

       (b) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

Section 111. MEANS OF APPEAL.

       The suitability of alternate materials, methods of constructions and reasonable interpretation of this code shall be determined by the Board of Zoning Appeals created pursuant to K.S.A. 12‑714 and as amended. The Board of Zoning Appeals shall have no authority to modify administrative provisions of this code nor shall the Board be empowered to waive requirements of this code. The Board shall adopt reasonable rules and regulations and shall render all decisions and findings in writing to the building official with a duplicated copy to the appellant. Wherever in this international code reference is made to the Board of Appeals, such reference shall mean the Board of Zoning Appeals referred to above.

Section 201.3 TERMS DEFINED IN OTHER CODES.

       Shall be revised as follows: Where terms are not defined in this code and are defined in the International Building Code, International Fire Code, International Zoning Code, International Plumbing Code, International Mechanical Code, or the NFPA 70, National Electrical Code 2014, such terms shall have the meaning ascribed to them as in these codes.

Section 304.2. PROTECTIVE TREATMENT.

       All exterior surfaces, including but not limited to doors, door and window frames, concise, 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 surfaces repainted. Peeling, flaking and chipped paint areas in excess of twenty percent (20%) of any individual surface area shall be eliminated and such surfaces repainted. The area of peeling, flaking or chipped paint shall be calculated by drawing one rectangle around all occurrences of the peeling, flaking and chipped paint on any individual surface and calculating the area of that rectangle. 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 watertight. 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.

Section 304.3. PREMISES IDENTIFICATIONS.

       Secondary entry numbers. Multi‑tenant shopping centers in which tenant spaces have secondary entry doors from an exterior façade of the building and have paved vehicle access adjacent to such doors shall have approved numbers or addresses placed on or adjacent to each door. Secondary address numbers shall be a minimum of 4 inches in height.

       Exception: If more than one entry door is installed on a façade, only one door needs to be marked (entry doors defined as overhead cargo doors and normal passage doors).

Section 303.14 INSECT SCREENS.

       During the period from May 15 to October 15, 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 25 mm) and every swinging door shall have a self‑closing device in good working condition.

       Exception: Screen doors shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

Section 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 or on terms, either expressed or implied, to furnish heat to the occupants there of shall supply heat during the period from October 15 through May 15, to maintain a temperature not less than 65 degrees F. (18 degree C) in all habitable rooms, bathrooms and toilet rooms.

Section 602.4 OCCUPIABLE WORK SPACES.

       Indoor occupiable work spaces shall be supplied with heat during the period from October 15 to May 15 to maintain a temperature of not less than 65 degrees F (18 degree C) during the period of spaces are occupied.

       Exception: (1) Processing, storage and operation areas that require cooling or special temperature conditions. (2) Areas in which persons are primarily engaged in vigorous physical activities.

Section 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 NFPA 70, National Electrical Code 2014 Edition. Dwelling units shall be served by three‑wire, 120/240 volt, single‑phase electrical service having a rating of not less than 60 amperes.

(Code 2014; Ord. 2411)

That nothing in this ordinance or in the Property Maintenance Code 2015 Edition hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 4-502; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

(Code 2014; Ord. 2411)

If any Section of the International Property Maintenance Code, 2015 Edition, or of this Article shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, then the Section shall be considered separate and apart from the remaining provisions of the International Property Maintenance Code, 2009 Edition or of this Article, the Section is to be completely severable from the remaining provisions which shall continue in full force and effect.

(Code 2014; Ord. 2411)

The following Sections of the International Property Maintenance Code are hereby deleted:

Section 103.5 Fees;

Section 301.3 Vacant Structures and Land,

Sections 302.1 to 302.5 and 302.7 to 302.9 Exterior Property Areas;

(Ord. 2055; Ord. 2187; Ord. 2271; Code 2014; Ord. 2411)

In the event any Section of this code is in conflict or apparent conflict with the planning, zoning or subdivision regulations or ordinances, the provisions of the planning, zoning or subdivision ordinances shall prevail and those provisions of this code now or hereafter in conflict with such regulations or ordinance shall be deemed invalid or inapplicable only as to such conflict.

(Ord. 2064; Ord. 2411)

Pursuant to the authority of Charter Ordinance No. 29, the Building Official or other City Employee as designated in writing by the City Manager shall have the authority to issue notices to appear for violations of this code.

(Ord. 2353; Code 2014; Ord. 2411)