Article 13. International Property Maintenance Code

4-1301. International property maintenance code incorporated.

That certain international code known as the “International Property Maintenance Code, 2003 Edition,” recommended by the International Code Council, Incorporated, is hereby incorporated by reference herein and made a part of this article, save and except such portions as are hereinafter or may hereafter be deleted or amended, as authorized and in the manner prescribed by the statutes of the State of Kansas.

(Ord. 1888; Code 2010)

4-1302. Deletions.

The International Property Maintenance Code, 2003 Edition, shall have the following deletions:

(a) Section 103.1 General. Shall be deleted in its entirety.

(b) Section 106.4 Violation penalties. Shall be deleted in its entirety.

(d) Section 111 Means of Appeal. Shall be deleted in its entirety.

(e) Subsections 105.1.3, 105.1.3.1, 105.1.3.2, 105.1.3.3, all of Appendix K, all of sections 1007, 1008, 1008.3.1, and 1008.5.4 are hereby deleted.

(Ord. 1888; Code 2010; Ord. 2053; Code 2020)

4-1303. Amendments.

The International Property Maintenance Code, 2003 Edition, shall have the following amendments:

(a) Section 101.1 Title. Shall be amended to read “These regulations shall be known as the Property Maintenance Code of the City of Augusta, Kansas, hereinafter referred to as “This Code.”

(b) Section 102.3 Application of other codes. Shall be amended to read “Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Existing Building Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the adopted Zoning Regulations.”

(c) Section 104.3 Inspections. Shall be amended to read “The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies, the Inspection Department, Safety Department, Public Works and other departments of the city. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.”

(d) Section 104.4 Right of entry. Shall be amended to read “The code official, officer or employee charged with the enforcement of this code are authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the code official is authorized to pursue recourse as provided by law. It shall be unlawful to interfere with any such authorized officer or employee charged with the enforcement of this code.”

(e) Section 104.5 Identification. Shall be amended to read “The code official, officer or employee charged with the enforcement of this code shall carry proper identification when inspecting structures or premises in the performance of duties under this code.”

(f) Section 104.7 Department records. Shall be amended to read “The code official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the premises, building or structure to which such records relate remains in existence, unless otherwise provided for by other regulations.

(g) Section 106.3 Prosecution of violation. Shall be amended to read “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 institute the appropriate proceeding at law to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant hereto.”

(h) Section 106.4.1 Penalties. Shall be amended to read “Section 106.4 Penalties.”

(i) Section 107.2 Form. Shall be amended to read “Such notice prescribed in Section 107.1 shall be in accordance with all the following:

(1) Be in writing.

(2) Include a description of the real estate sufficient for identification.

(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, structure or premises into compliance with the provisions of this code.

(5) Inform the property owner of the right to appeal and/or request an informal hearing before the Code Official or Deputy Code Official as provided in Section 106.2.1 of this code.

(6) Include a statement that if the violation is not abated as directed and no request for hearing is made within the prescribed time, a resolution will be presented to the Governing Body to abate such violation and assess the cost thereof against such property.

(j) Section 107.3 Method of service. Shall be amended to read “Such notice shall be deemed to be properly served if a copy thereof is:

(1) One notice sent by regular mail and one notice sent by certified mail return receipt requested to the same responsible person at the same address.

(2) If the certified mail is returned as unclaimed and the regular mail notice is not returned with the same, the responsible person is deemed to have been notified if the code official posts a copy of the notice on the property, hangs a copy of the notice on the door, delivers the notice personally or contacts the person by telephone.

(3) In the event the name or address of the responsible person (s) are unknown and the official notice returns unclaimed and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the Code Official and filed with the City Clerk, and the serving of the official notice or resolution shall be made by publishing the same once each week for two consecutive weeks on the same day in the official city newspaper and by posting a copy of the resolution on the premises where such conditions exist.”

(k) Section 108.1 General. Shall be amended to read “When a structure is found by the Governing Body 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. When equipment is found by the code official to be unsafe, such equipment shall be condemned pursuant to the provisions of this code.

(l) Section 108.1.3 Structures unfit for human occupancy. Shall be amended to read “A structure is unfit for human occupancy whenever the Governing Body finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, 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 structure constitutes a hazard to the occupants of the structure or to the public.”

(m) Section 108.2 Closing of vacant structures. Shall be amended to read “If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the Governing Body may authorize the code official 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 Governing Body shall authorize the code official to 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.”

(n) Section 108.3 Notice. Shall be amended to read “Whenever the Governing Body has condemned a structure or the code official has condemned 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 107.3. if the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2.”

(o) Section 108.5 Prohibited occupancy. Shall be amended to read “Any occupied structure condemned by the Governing Body and placarded by the code official shall be vacated as ordered by the Governing Body. 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.”

(p) Section 109.1 Imminent danger. Shall be amended to read “When, in the opinion of the Governing Body, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger 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, gasses 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 Governing Body.” 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.”

(q) Section 109.2 Temporary Safeguards. Shall be amended to read “Notwithstanding other provisions of this code, whenever, in the opinion of the Governing Body 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.”

(r) Section 110.1 General. Shall be amended to read “The Governing Body shall order the owner of any premises upon which is located any structure, which in the Governing Body’s judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure.”

(s) Section 201.3 Terms defined in other codes. Shall be amended to read “Where terms are not defined in this code and are defined in the International Building Code, International Residential Code, International Fire Code, International Plumbing Code, International Mechanical Code, International Existing Building Code, National Electrical Code, Zoning and Subdivision Regulations, such terms shall have the meanings ascribed to them as in those codes.

(t) Section 302.3 shall be amended to read “Section 302.3 Sidewalks, driveways, parking lots, street, street parking and alley ways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. Each person in the city shall keep the sidewalks, gutters, and public alleys clean and clear of mud, filth, dirt, debris, trash, litter and other substances, and weeds and grass, and shall also keep any grass median area between the property line and the street curb in front of or adjacent to any such property mowed and free from filth, debris, trash, litter and weeds, and shall also keep the sidewalks in front of and adjacent to any such property free and clear of any accumulation of snow and ice which present a hazard to pedestrians. If any such building abuts directly upon a public street, that portion of such public street so abutting the building shall be kept clean and clear of filth, dirt, debris, trash, litter and other substances.”

(u) Section 302.4 Weeds. Shall be amended to read “See Ordinance Number 1730.”

(v) Section 302.9 Defacement of property. Shall be amended to read “No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure, building, sidewalk or street on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.”

(w) Section 604.2 Service. Shall be amended to read “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 100 amperes.”

(Ord. 1888; Code 2010)

4-1304. Additions.

The International Property Maintenance Code, 2003 Edition, shall have the following additions:

(a) “Section 101.3.1 Purpose. The purpose of this code is to promote the health, safety and welfare of the residents of the City of Augusta, Kansas and to protect neighborhoods against physical, visual and economic deterioration.”

(b) “Section 103.1 General. The code official shall be the City Manager of Augusta, Kansas.”

(c) Section 103.5 Fees. Shall have the following sentence added “The department of property maintenance shall charge all administrative, publication, notifications and other fees to the property in violation.”

(d) Section 104.1 General. Shall have the following sentence added “The code official may assign enforcement duties to the Inspection Department, the Safety Department, Public Works and other departments of the city.”

(e) Section 106.1 Unlawful acts. Shall have the following sentence added “It shall be unlawful to cause, permit, maintain or allow the creation or maintenance of a nuisance, substandard property, building or structure maintenance.”

(f) “Section 106.2.1 Informal Hearing. Whenever the Code Official or Deputy Code Official determines that there has been a violation of this Code, the Code Official or Deputy Code Official may arrange with the alleged violator for an informal discussion of violations, and whether repair, correction or demolition is justified. If a satisfactory solution to the violations, either by correction, demolition or removal, is not forthcoming, the Code Official shall abate the conditions as provided by this code.”

(g) “Section 106.5.1 Municipal Judge may direct abatement and assess costs. If, upon trial and conviction for causing or maintaining any violation as defined and prohibited by this code and other ordinances of this city, it shall appear that the violation complained of continues to exist, the municipal judge may, in addition to the penalty imposed for causing or maintaining such violation, make an order directing the code official to abate the violation forthwith and report the expense thereof to the municipal judge, who may make such cost a part of the judgment in addition to the fine and/or imprisonment imposed. Such costs shall be collected in the same manner as other fines and penalties.”

(h) “Section 106.6 Abatement by the Governing Body. If a person to whom a notice has been sent, pursuant to this code, has neither alleviated the conditions causing the alleged violation nor requested a hearing before the Governing Body within the time period specified, the Code Official may present in writing, to the City Clerk a request for a hearing before the Governing Body. In all cases involving condemnation, demolition and the forceful loss or removal of private property, the Code Official shall request, in writing to the City Clerk, for a hearing before the Governing Body.”

“Section 106.6.1 Hearing date and notification of the same. Upon receipt of a request for a hearing, the City Clerk shall notify, in writing, the Governing Body of such request at the next regularly scheduled meeting. The Governing Body shall, by resolution, determine a date for the hearing. The City Clerk shall publish the Resolution once each week for two consecutive weeks on the same day of the week in the official city newspaper. The hearing shall be at least 15 days after the first publication. A copy of the resolution shall be served upon the person or persons in violation as provided by Section 107.3 of this Code.”

“Section 106.6.2 Hearing before the Governing Body. All hearings before the Governing Body shall be open to the public. The person to whom a notice has been sent and their legal counsel, the Code Official and any person whose interests are affected shall be given an opportunity to be heard. The person to whom a notice was sent, legal counsel and Code Official may introduce such witnesses and evidence as is deemed necessary and proper by the Governing Body. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. A simple majority of the Governing Body shall constitute a quorum.”

“Section 106.6.3 Disqualification of Council Member. A Council Member shall not hear a case in which that member has a personal, professional or financial interest.”

“Section 106.6.4 Abatement resolution. Upon finding of fact, the Governing Body shall pass a resolution of abatement which shall be published once in the official city newspaper and serve notice on the person in violation as provided in Section 107.3 of this Code.

In cases involving vehicles on private property the resolution shall fix a reasonable time within which the violation(s) is to be corrected. The resolution shall further direct the code official to have the vehicle(s) removed from the property, impounded and disposed of according to Kansas Law at the owner’s expense.

In cases involving the upkeep of premises (exterior yard), the resolution shall fix a reasonable time within which the violation(s) is to be corrected and a statement that if the owner of such violation(s) fails to commence abatement of the violation(s) within the time stated or fails to diligently prosecute the same until the violation(s) is abated the Governing Body shall direct the code official to either hire a private contractor or use city personnel and equipment to abate the violation(s) at the property owner’s expense.

In cases involving buildings and structures, mandatory repair, condemnation or demolishing the resolution shall fix a reasonable time within which the owner shall obtain a building permit to repair or demolish the building or structure and fix a reasonable time to complete said repairs or removal. The resolution shall further direct the code official to hire a private contractor or use city personnel to demolish the building or structure if no building permit has been issued within the time established or the owner fails to diligently make the required repairs or demolition of the building or structure. Such demolition shall be at the expense of the property owner. The resolution shall further provide that the costs incurred by the City shall be assessed against the property as a Special Assessment or lien against the property.”

“Section 106.6.5 Special assessment. The Code Official shall submit all bills and expenses incurred in abating a violation to the City Clerk. The City Clerk shall send the property owner of record a copy of the assessment and allow 30 days for payment in full. The City Clerk shall have the resolution and special assessment recorded with the Butler County Register of Deeds and a copy of the special assessment recorded with the Butler County Clerk for inclusion on the property tax rolls if the property owner of record fails to pay the assessment at the end of the required 30 days.”

(i) “Section 110.5 Costs of demolition by the Governing Body. The cost of demolition by the Governing Body shall be a lien upon the property upon which the cost was incurred and such lien, including as a part thereof an allowance of his or her costs and necessary attorney’s fees and title search, shall be assessed as a special assessment upon the lot or parcel of land on which the structure was located as provided in Section 106.5 of this code.”

(j) Section 111.1 Application for appeal. Any person directly 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 Governing Body, provided that a written request for appeal shall be filed with the office of the City Clerk within the time specified in the notice. An application of appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.

Section 111.2 Hearing date and notification of the same. Upon receipt of a request for a hearing, the City Clerk shall notify, in writing, the Governing Body of such request at the next regularly scheduled meeting. The Governing Body shall, by resolution, determine a date for the hearing. The City Clerk shall publish the Resolution once each week on the same day of the week for two consecutive weeks in the official city newspaper. The hearing shall be at least 30 days after the second publication. A copy of the resolution shall be served upon the person or persons in violation as provided by Section 107.3 of this Code.

Section 111.3 Hearing before the Governing Body. All hearings before the Governing Body shall be open to the public. The person to whom a notice has been sent and their legal counsel, the Code Official and any person whose interests are affected shall be given an opportunity to be heard. The person to whom a notice was sent, legal counsel and Code Official may introduce such witnesses and evidence as is deemed necessary and proper by the Governing Body. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. A simple majority of the Governing Body shall constitute a quorum.

Section 111.4 Disqualification of Council Member. A Council Member shall not hear a case in which that member has a personal, professional or financial interest.

Section 111.5 Abatement resolution. Upon finding of fact, the Governing Body shall pass a resolution of abatement which shall be published once in the official city newspaper and serve notice on the person in violation as provided in Section 107.3 of this Code.

In cases involving vehicles on private property the resolution shall fix a reasonable time within which the violation(s) is to be corrected. The resolution shall further direct the code official to have the vehicle(s) removed from the property, I pounded and disposed of according to Kansas Law at the owner’s expense.

Section 111.6 Special assessment. The Code Official shall submit all bills and expenses incurred in abating a violation to the City Clerk. The City Clerk shall send the property owner of record a copy of the assessment and allow 30 days for payment in full. The City Clerk shall have the resolution and special assessment recorded with the Butler County Register of Deeds and a copy of the special assessment recorded with the Butler County Clerk for inclusion on the property tax rolls if the property owner of record fails to pay the assessment at the end of the required 30 days.

(k) “Section 202 General Definitions.”

Cellar. Any portion of a building located partly or wholly underground, and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.

Dilapidation, Deterioration or Disrepair. Any condition characterized by, but not limited to: holes, breaks, rot, decay, crumbling, cracking, peeling, or flaking paint, rusting, or other evidence of physical damage, neglect, lack of maintenance, excessive use or weathering.

Exterior structure. Those parts of a structure which are exposed to the weather or subject to contact with the elements; including, but not limited to: sidings, facings, veneers, masonry, roofs, foundations, porches, screens, shutters, windows, doors or sings.

Junk. The storage of all old appliances, equipment, or parts thereof, all old iron or other scrap metal, automobile tires, cardboard, old lumber, old wood and mattresses, which items are not being used for their intended purposes, and does not include orderly stacked firewood.

Motor Vehicle. Any automobile, truck, tractor, farm machinery, motorcycle, motorized bicycle or other device designed and used for transportation of persons or property which, as originally built, contained an engine, regardless of whether it contains an engine at any other time.

Motor Vehicle, Abandoned. Any motor vehicle which is not currently registered or tagged pursuant to K.S.A. 8-126 to 8-149 inclusive, as amended; any motor vehicle which does not carry motor vehicle liability insurance pursuant to K.S.A. 40-3101, as amended; or parked in violation of this code; or incapable of moving under its own power; placement of the vehicle or parts thereof upon jacks, blocks, or other supports; or in a junked or wrecked condition.

Motor Vehicle, Inoperable. Any motor vehicle which cannot be driven upon the public streets for reason including but not limited to being in a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the function or purpose for which it was originally constructed.

Motor Vehicle, Junk. Any vehicle which is wrecked, scrapped, ruined, partially dismantled, inoperative, abandoned and/or without a valid automobile license tag.

Nuisances. Any condition which is injurious to health, or is a potential health hazard, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by a majority of persons subjected to the condition, such condition being no less a nuisance because the extent of the annoyance or damage inflicted is unequal. Nuisances shall include, but not limited to:

(1) Garbage, junk, rubbish and trash deposited on the exterior of the property, street parking or alley way or stored in an accessory building on the property.

(2) Abandoned, inoperable or junked motor vehicle.

(3) Open storage of construction materials unless neatly stacked and covered.

(4) Open storage of salvage materials in any residential or commercial district.

(5) Open storage of appliances including refrigerators, freezers, stoves, microwaves, power tools, and similar tools.

(6) Interior furniture stored, maintained or used on the exterior of a dwelling or dwelling unit which is so dilapidated and deteriorated as to be a potential accident hazard, a harborage for insects, rodents or vermin or which emits offensive odors.

(7) Buildings, structures, privies, sheds, barns, garages, tool houses and vacant houses and commercial structures which have become so dilapidated and deteriorated as to be a potential accident hazard, rat harborage, attractive nuisance to children or to be offensive to the senses.

(8) Dead animals or animal excrement not managed or disposed of in a sanitary manor.

(9) Wastewater discharge or allowed to accumulate, improper water impoundments or lack of adequate drainage in such a manner that it does or may allow direct human contact with human or animal excrete, organic or inorganic pollution of ground or surface water, breeding of insects, harboring or attraction of rodents, or the emission of offensive odors.

(10) Excessive noise resulting from home hobby work, commercial or industrial processes.

(11) The discharge into the atmosphere of any gaseous or particulate matter resulting from the combustion, reduction, processing or manufacturing of materials in industrial or commercial operations which cause or may cause injury to the health of individuals, damage to business or property or cause annoyance to a majority of persons so subjected.

(12) Growth of noxious weeds and/or unwanted or unkempt vegetation over ten (10) inches high, and unkempt shrubs, hedges and trees on any premises and in streets and alleys in front of and abutting on any premises in the city.

Salvage Material. Materials of some value that are obtained from the disassembly of various kinds of machinery, mechanical appliance, and/or the demolition of buildings or structures.

Street or Highway. The entire width between property lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic. Where the word ‘highway’ or the word ‘street’ is used in this code, it means street, avenue, boulevard, thoroughfare, traffic way, alley and any other public way for vehicular travel by whatever name unless the context clearly indicates otherwise.

Temporary Housing. Any tent, trailer, recreational vehicle, motor home, camping trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, house or building or other structure, or to any utilities on the same premises for more than 30 consecutive days, except when located in a mobile home park zoned by the City.

Trash. Any combustible waste consisting of, but not limited to: papers, cartons, boxes, barrels, wood, excelsior, furniture, bedding, rags, leaves, yard trimmings, or tree branches and noncombustible waste consisting of, but not limited to: metal, tin cans, glass, crockery, plastics, mineral matter, ashes, bricks, masonry, rocks, or street rubbish and sweepings.”

(l) “Section 301.4 Unlawful acts. It shall be unlawful for any person to allow to exist on any premises, conditions which are injurious to the health, safety or general welfare of the residents of the community or conditions which are detrimental to adjoining property, the neighborhood or the city.”

(m) Section 302.1 Sanitation. Add the following sentence at the end of the section. “It shall be unlawful for any person to maintain or permit any nuisance within the city as defined by this code.”

(n) 302.5 Rodent harborage. Add the following sentences at the end of the section. “Every occupant of a single dwelling shall be responsible for the extermination of any rodents, other vermin therein or on the premises. Wherever two or more occupants are in the same building, the owner or operator of the building shall be responsible for such extermination.”

(o) Section 302.8 Motor vehicles. Add the following sentences at the end of the section. “Painting of vehicles is prohibited unless conducted inside a garage or similar accessory building in residential areas. Painting of vehicles is prohibited in commercial or industrial areas unless conducted inside an approved spray booth.”

(p) “Section 302.8.1 Off road title. For the purposes of these regulations, an “off road title or off-road tag” shall not be an acceptable title or tag.”

(q) “Section 302.8.2 Inspection. Vehicles which have been cited as being Abandoned, Inoperable or in a Junked condition, shall be driven to the Inspection Department during normal working hours to be inspected. The inspector shall insure the vehicle is properly tagged, registered and insured.”

(r) Section 303.2 Enclosures. Add the following exception at the end of the section. “A swimming pool, hot tub or spa shall be acceptable in lieu of fencing and gates so long as the cover is securely secured to the pool, hot tub or spa when not occupied.”

(Ord. 1888; Code 2010)