§ 18-36. International Property Maintenance Code.

The International Property Maintenance Code, as adopted by section 18-11, is amended in the following particulars:

Section 101.1. Insert: City of Riverdale.

Section 103 Amend section heading to read: City of Riverdale Property Maintenance.

Section 103.1 General. Amend as follows:

The Building Safety Division (BSD) is hereby authorized and directed to enforce the provisions of The City of Riverdale Property Maintenance Code. Division personnel shall include the Building Safety Division Manager, Building Official, Plans Examiners, Inspectors, Code Enforcement Officers and other individuals, as directed by the Director of Planning, Zoning, and Economic Development. The Building Safety Division (BSD) shall have the authority to render interpretations of the adopted codes and to adopt policies and procedures in order to clarify the application of its provision. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of the City Codes and shall not have the effect of waiving requirements specifically provided for in the adopted codes.

Section 103.2 Appointment. Delete in its entirety.

Section 103.3 Deputies. Delete in its entirety

Section 103.4 Liability. Amend as follows:

The code official, officer, employee, or contract employee charged with the enforcement of this Code, while acting in good faith and without malice for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties.

Any suit instituted against any code official, officer, employee or contract employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official, officer, employee, or contract employee shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this Code; and any officer of the department of property maintenance inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.

Section 103.5 Fees. Amend as follows:

A schedule of rates, fees and charges for permits, inspections and other services rendered by the city is hereby adopted. The intent of this section is to provide a single fee schedule and to remove from the current code, various references to fees, rates and charges in order that a unified fee schedule may be published by the city, with the approval of the mayor/council. Such rates, fees, and charges shall be determined from time to time by the mayor/council and set forth in such schedule of rates, fees and charges, an official copy of which shall be on file in the office of the city clerk.

Section 107 , amend the section heading to read: Notices, Orders, Citations, and Legal Proceedings.

Section 107.1 Notice to person responsible. Amend as follows:

Whenever the code official determines that there has been a violation of this Code or has grounds to believe that a violation has occurred, notice shall be given and all legal proceedings shall be conducted in accordance with Article 1, Section 18-17 and Section 18-18. Notices for condemnation procedures shall comply with IPMC Section 108.3 and Chapter 18, Article IV.

Section 107.3 Method of Service. Delete in its entirety.

Section 111.1 Application for appeal. Revise the first sentence to read:

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 according to Article I, Section 18-14.

Section 111.2 through Section 111.8. Delete in their entirety.

Create Section 302.1.1 Unsightly premises prohibited.

Every person owning, or managing, or having charge, control or occupancy of any real property in the City shall not allow any part of such property visible from the street or adjoining premises to become so unsightly or untidy as to substantially detract from the appearance of the immediate neighborhood or tend to threaten the safety and welfare of the immediate neighborhood.

Section 302.4 insert: 9 inches.

Create section 302.10 Maintenance Code:

Section 302.10 — CLOTHING, DONATION AND CHARITABLE STORAGE CONTAINERS

A.

Generally. Used clothing, donation and charitable storage containers (hereinafter referred to in this section as "bins") are prohibited in the City of Riverdale.

B.

Exceptions. The City of Riverdale and registered nonprofit organizations are permitted to place used clothing, donation and charitable bins on each occupied nonresidential parcel in accordance with the following:

(1)

Nonresidential commercial premises are permitted a maximum of one bin per parcel. Nonresidential commercial premises devoted to nonprofit purposes, are permitted to have up to three used clothing, donation or charitable bins.

(2)

Unless specifically approved by the community development department, the bin(s) shall be entirely located behind the primary structure in accordance with rear and side yard setbacks, so as not to interfere with on-site circulation, landscaping, parking, and any other requirements that may be imposed as part of the site plan approval for the premises, and shall be placed on a concrete or asphalt surface.

(3)

The bin(s) shall be of the type that are enclosed by use of a receiving door and locked so that the contents of the bin(s) may not be accessed by anyone other than those responsible for the retrieval of the contents.

(4)

Each bin shall not cover a ground surface area in excess of five feet by five feet, nor be more than six feet in height.

(5)

Each bin must be regularly emptied of its contents at a frequency of no less than every 14 calendar days so that it does not overflow, resulting in donated items being strewn about the surrounding.

(6)

A permit that expires every September 30th for each clothing, donation, or charitable bin shall be required. A non-refundable application fee shall be $25.00 per bin. The permit fee for each approved bin shall be $250.00. If the application is approved, the permit shall be issued by the community development department, but can only be granted when it is determined by the community development department that all of the following conditions have been met:

(a)

The bin(s) are for use by a duly registered nonprofit organization. Only entities or organizations that have a tax status under Section 501(c)(3) of the Internal Revenue Code, as amended, may apply for and obtain a permit. Proof of such tax status must accompany an application for a permit;

(b)

The proper types of bin(s) are being used as described by this section;

(c)

The bin(s) are being placed in a proper location as described by this section;

(d)

Letter of authority/permission from the owner of the property upon which the bins are to be and/or are already located;

(e)

Name, address, phone number, and email address of the nonprofit organization or Church displayed on each bin; and

(f)

The applicant has completed a permit application in such form as to be acceptable to the community development department. Such application shall include but not be limited to the name, address, telephone number, and email address of the person, business entity, corporation or organization applying for the permit; the name and telephone number of the owner of the location at which the bin is to be placed; the name and telephone number of the individual who will be placing the bin; information as to the manner and schedule for which the bin is to be emptied or removed.

C.

If any used clothing, donation and charitable bins are placed without a permit, or an inspection reveals that such bins are not in compliance with this section, enforcement and abatement shall take place as generally provided under this article. The minimum fine for each bin violation shall be no less than $500.00 per day, for each day the bin remains in violation.

D.

The owner, lessee, or other person or legal entity in control of the property where the bin(s) are located and the person or entity which owns, maintains, or operates the bin(s) in violation of this article shall be jointly and severally liable for such violation(s).

E.

All bins shall be brought into conformance within 90 days of the date of adoption of this article or within 14 days of notification to the property owner or owner of the bin, whichever is sooner.

Section 303.2 Enclosures. Amend the first sentence to read:

Private swimming pools, hot tubs and spas, containing water more than 24 inches in depth shall be completely surrounded by a fence or barrier at least 60 inches in height above the finished ground level measured on the side of the barrier away from the pool.

Create Section 307.4 Damaged Glazing.

Broken or damaged glazing shall be removed and the opening boarded, or otherwise protected in an approved manner immediately. All glazing of occupied structures shall be repaired within 60 days.

Section 304.14. Delete in its entirety.

Create Section 307.4 Abandoned or discarded belongings placed in the front yard or curbside.

All owners and persons in legal possession or occupancy of any property shall be responsible for the placement of all abandoned, discarded, or otherwise removed belongings, whether or not the activity is associated with dispossessory activities, into an approved container or in compliance with the local solid waste company requirements so as not to create a nuisance or detract from the appearance, health, comfort or repose of adjacent property owners.

Create Section 307.4 Construction sites.

No person being the owner or person in charge of any property upon which a structure is being constructed or demolished shall permit the accumulation of uncontainerized litter or scrap construction materials upon such property or permit litter or scrap construction materials therefrom to become blown or scattered upon such property or any other property or public place. No person being the owner of any property upon which a structure is being constructed or demolished shall fail to provide approved containers to hold all liter produced upon such property or otherwise appearing thereon.

Section 308.3.1 Garbage facilities. Amend as follows:

308.3.1 Garbage facilities.

The owner and occupant of every residential dwelling shall supply an approved leakproof, covered, outside garbage container for the storage of such materials until removed from the premises for disposal in accordance with Chapter 62 — Solid Waste.

Every approved container shall be placed at the side, rear, or within the garage, of the structure when not placed curbside for pickup during the City approved hours.

Nothing in this article or Chapter 62 — Solid Waste, shall prevent the City from holding the owner, lessee, or other legal entity where refuse containers are required, jointly and severally liable for violations regarding the failure to provide approved containers and maintain an active account in good standing with the refuse collector.

Section 308.3.2 Containers. Amend as follows:

308.3.2 Containers.

The owner and operator of every commercial establishment 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 in accordance with Chapter 62 — Solid Waste.

Nothing in this article or Chapter 62 — Solid Waste, shall prevent the City from holding the owner, lessee, or other legal entity where refuse containers are required, jointly and severally liable for violations regarding the failure to provide approved containers and maintain an active account in good standing with the refuse collector.

Create Section 310 Indoor Tire Storage.

310 — Indoor Tire Storage Arrangement.

Indoor storage of tires shall comply with NFPA 231D

Section 602.3 insert: [October 1], [March 31]

Section 602.4 insert: [October 1], [March 31]

Create Section 604.1.1 Active Electrical Service.

All occupied structures shall maintain an active electrical service.

( Ord. No. 03-2014, § 1(Exh. A), 5-28-14 ; Ord. No. 3-A-2015 , § 1(Exh. A), 4-27-15)